5324 CONGRESSIONAL RECORD-SENATE MAY 21 the Committee of the Whole House on the PRIVATE BILLS AND RESOLU'IIONS MESSAGE FROM THE HOUSE State of the Union: Mr. RANKIN: Committee on World War Unde:r: clause 1 of rule XXII, private A message from the House of Repre Veterans' Legislation. H. R. 6069. A bill to bills and resolutions were introduced sentatives, by Mr. Chaffee, one of its amend section 100 of the Servicemen's Re and severally referred as follows: reading clerks, announced that the House adjustment Act of 1944; without amendment By Mr. FARRINGTON: had passed without amendment the bill (Rept. No. 2076) . Referred to the Committee H. R. 6489. A bill for the relief of Mrs. (S. 1305) to confer jurisdiction on the of the Whole House on the State of the Keum Nyu Park; to the· Committee on Im State of North Dakota over offenses com Union. migration and Naturalization. mitted by or against Indians on the Mr. SABATH: Committee on Rules. House H. R. 6490. A bill for the relief of Mrs. Seiko Devils Lake Indian Reservation. Resolution 625. Resolution providing for the Adachi; to the Committee on Immigration consideration of H. R. 1362, a bill to amend and Naturalization. The message also announced that the the Railroad Ret irement Acts, the R ailroad H. R. 6491. A bill for the relief of Kiy'oichi House had agreed to the report of the Unemployment Insurance Act, and subchap Koide; to the Committee on Immigration committee of conference on the disagree ter B of chapt er 9 of the Internal Revenue and Naturalization. ing votes of the two Houses on the Code, and for other purposes; without By Mr. HAND: amenciment of tl1e House to the bill amendment (Rept. No. 2077), Referred to H. R. 6492. A bill for the relief of James I. (S. 1163) to provide for the appointment the House Calendar. Adams; to the Committee on Claims. of one additional district judge for the Mr. SABATH: Committee on Rules. House H. R. 6493. A bill for the relief of Herschel Resolution 626. Resolution providing for the W. Carlise; to the Committee on Claims. northern district of California. consideration of S. 752, an act to amend the By Mr. HAVENNER: The message further announced that act of June 7, 1939 (53 Stat. 811), as H. R. 6494. A bill for the relief of Chin Ta the House had passed the following bills, amended, relating to the acquisition of stocks Bin; to the Committee on Immigration and in which it requested the concurrence of of strategic and critical materials for national Naturalization. the Senate: defense purposes; without amendment (Rept. By Mr. HENDRICKS: No. 2078). Referred to the House Calendar. H. R.1095. An act for the relief of the In H. R. 6495. A bill for the relief of William dians of the Fort Berthold Reservation in Mr. COX: Committee on Rules. House F. Thomas; to the Committee on Claims. Resolution 627. Resolution providing for the North Dakota; consideration of H. R. 6035, a bill to provide H . R. 1751. An act to authorize the course that there shall be no liability for acts done PETITIONS, ETC. of instruction at the United States Merchant or omitted in accordance with' regulations of Marine Academy to be given to not exceeding the Director of Selective Service, and for other Under clause 1 of rule XXII, petitions 20 persons at a time from the American Re purposes; without amendment (Rept. No. and papers were laid on the Clerk's desk publics, other than the United St ates; 2079). Referred to the House Calendar. and referred as follows: H. R. 2033. An act authorizing Federal par Mr. SMITH of Virginia: Committee on 1897. By Mr. MUNDT: Petition of Mrs. Joe ticipation in the cost of protecting the shores Rules. House Concurrent Resolution 148. Fergen and other citizens of Parkston, S.Dak., of publicly owned property; Concurrent resolution creating a joint select protesting against enactment of legislation H. R. 2231. An act to authorize the Secre committee to study and recommend legisla providing for peacetime military conscri'p tary of the Interior to adjust debts of indi tion concerning labor relations; without tion; to the Committee on Military Affairs. vidual Indians, associations of Indians, or amendment (Rept. No. 2082), Referred to Indian tribes, and for other purposes; the House Calendar. H . R. ~678. An act conferring jurisdiction Mr. RANKIN: Committee on World War upon the Court of Claims to hear, examine, Veterans' Legislation. H. R. 6153. A bill to adjudicate, and render judgment in any and remove the existing limitation on the num SENATE all claims which the Confederated Salish and ber of associate members of the Board of Kootenai Tribes of Indians of the Flathead Veterans' Appeals in the Veterans' Admin is TuESDAY, MAY 21, 1946 Reservation in Montana, or any tribe or band tration; with amendment (Rept. No. 2083), thereof, may have against the United States, Referred to the Committee of the Whole Michigan yield in order able radio report to the Nation last night, Yet it is based equally upon the practical that I may suggest the absence of a it was so comprehensive and so adequate necessities required for Europe's rehabili quorum? that I was confirmed in my decision to tation. Mr. VANDENBERG. I yield. let the record stand where he left it for It is a policy which seeks promptly to Mr. HILL. I suggest the absence of a the time being. Therefore I content my end the present inconclusive, armistice quorum. self for the moment with this brief obser regimes which are postponing peace be The ACTING PRESIDENT pro tem vation. yond all limits of reason and of safety. pore (Mr. GEORGE). The clerk will call Secretary Byrnes requested the able It is a · policy which demands action in the roll. chairman of the Senate Foreign Relations concluding peace treaties not only with The Chief Clerk called the roll, and the Committee, the Senator from Texas [Mr. Italy, Rumania, Bulgaria, Hungary, and following Senators answered to their CoNNALLY J, and myself to accompany him Finland, but also with Austria, which is names: to this meeting of the Council of Foreign close to the center of the total, continen Aiken Hawkes Pepper Ministers which ·was summoned primarily tal problem. It is a policy which de Austin Hayden Radcliffe to deal with the preparation of peace mands action in arriving at decisions for Ball Hickenlooper Reed treaties with Italy, Rumania, Bulgaria, a unified Germany where the real core Bankhead Hill Revercomb Hungary, and Finland. I am happy to Barkley Hoey Robertson of Europe's recuperation resides, and Brewster Huffman Russell say that this American delegation was a where the problem must be considered as Bridges Johnson, Colo. Saltonstall constant unit in thought and action. It a whole rather than in four airtight Briggs Johnston, S. C. Smith had no differences. Thus, I gladly asso compartments in four zones of military Brooks Kilgore Stanfill Buck Knowland Stewart ciate myself with the distinguished Sec occupation. It is a policy which is defi Bushfield La Follette Taft retary's report; and I compliment him nite and specific upon these counts and Byrd Langer Taylor upon his able leadership in this critically which demands specific deaci-line dates Capehart Lucas Thomas, Okla. Capper McCarran Thomas, Utah importaq.t enterprise. in these regards, before it is too late. Connally McClellan Tobey Mr. President, the Council was not a It is a policy which guarantees maxi Cordon McFarland Tunnell success in gaining agreement upon several mum protections against resurgent Axis Donnell McMahon Tydings _key questions upon which the solution of Downey Magnuson vandenberg aggressors, and which dramatically offers Eastland Mead Wagner our major problems hangs. It did not specific guaranties as an earnest of Ellender Millikin Walsh achieve agreement on a number of con American good faith. It is a demili Ferguson Mitchell Wheeler trolling points. It is advisable to be en Fulbright Moore Wherry tarization policy. It is a policy which George Morse White tirely frank upon this score. Eastern now · substitutes justice for vengeance Gerry Murdock Wiley communism arid western democracy were in these formulas of peace; which now Green Murray Wilson unable, for the time being, to see eye to Gurney Myers Young insists upon ethnic recognitions that no Hart O'Mahoney eye in most of these considerations. longer traffic in the lives and destinies Hatch Overton It is unfortunate that greater progress of helpless peoples; and which spurns Mr. HILL. I announce that the Sen cannot be immediately reported. But expansionism as a plague upon tomor ator from North Carolina [Mr. BAILEY], delay is preferable to error in such vital row's peace and security. It is a policy the Senator from Virginia [Mr. GLAss], matters. We can compromise within the which invites all of our partners in the and the Senator from Tennessee [Mr. boundaries of a principle. We can no war-instead of a closed corporation of McKELLAR] are absent because of illness. longer compromise principles themselves. big powers-to have a proper voice in That becomes appeasement; and ap the making of the treaties and the writ The Senator from Mississippi [Mr. peasement only multiplies the hazard BILBO], the Senator from Nevada [Mr. ing of the peace which result from the from which it seeks to escape. History common victories which we all helped CARVILLE], the Senator from Idaho [Mr. that GossETT], and the Senator from Pennsyl leaves no room for doubt upon win. It is a policy which wants a peo vania [Mr. GUFFEY] are a_bsent by leave score. . The wrong answers will breed ple's peace. wars for tomorrow. That, Mr. President, is what I think of the Senate. We must earnestly persist in striving The Senator from South Carolina [Mr. we Americans were trying to do at Paris. for Allied unity; for unity within the That is what I pray we may yet suc MAYBANK] is absent by leave of the Senate principles which serve human rights and because of illness in his family. ceed in doing. fundamental freedoms, which will win Mr. President, I will support that sort The Senator from Florida [Mr. · AN the moral judgments of the conscience of a foreign policy under any adminis~ DREWS] is necessarily absent. of the world, and which may promise The Senator from New Mexico [Mr. tration; and I hope that any administra peace for "keeps." We must persist with tion, whatever its political complex CHAVEZ] and the Senator from Texas patient firmness. We must try to under [Mr. O'DANIEL] are detained on public ion, will stick to that sort of a foreign stand each other. I do not despair of the policy for keeps. business. results-particularly if the unselfish Mr. WHERRY. The Senator from In voice of America is a united one. This sort of a policy, plus the effective diana [Mr. WILLIS] is necessarily absent. In other directio:as, Mr. President, the operation of the United Nations, is the The Senator from Nebraska [Mr. BuT Council was at least a partial success. way to stop World War III before it LER] and the Senator from Minnesota For example, it amended the armistice starts. [Mr. SHIPSTEAD] are absent by leave of terms with Italy, once our enemy, subse NOTICE OF ADDRESS BY SENATOR the Senate. quently our ally, to permit larger native CONNALLY The ACTING PRESIDENT pro tem autonomy and to allow Italy more readily Mr. CONNALLY. Mr. President, I de pore. Eighty-two Senators having an to recuperate as a self-sustaining mem sire to announce that tomorrow, as soon swered to their names, a quorum is pres ber of the family of nations. ' It suc as I can obtain the floor, I shall make ent. ceeded, indeed, in finding common a very brief statement about the Paris Mr. VANDENBERG. Mr. President, ground in a large area. of detailed ac Conference. when I returned to Washington last Sat tions which are involved in the me urqay from Paris I had expected to ad chanics of reestablished peace. Further, THE PARIS CONFERENCE AND CONDI dress the Senate in some detail this after it succeeded in narrowing the area of TIONS ON THE DOMESTIC FRONT noon regarding the vitally important dispute even in respect to the larger is Mr. LUCAS. Mr. President, I should work of the Council of Foreign Ministers sues. This is progress. All these things like to make public my compliments to which has just temporarily recessed until I shall be glad to discuss in detail with the Honorable James F. Byrnes, Secre June 15. But when I discovered the the Senate at a more appropriate time. tary of State, the distinguished Senator XCII--~6 5326 CONGRESSIONAL RECORD-SENATE MAY 2l from Texas, Mr. Connally, and the dis He further said that it was not the concerned. Small nations do not like tinguished Senator from Michigan, Mr. function of the courts to set the limits communism. They want to avoid it if Vandenberg, upon the unified progress of permissible contest and to declare the they can. If they see hope elsewhere, which has been made by this American duties which the new situation demands. they will avoid it. They would like a de delegation in the meeting held in Paris. He said: · mocracy, but when a democracy means Last evening, it was my good fortune This is the function of the legislature, turmoil, the threat of paralysis, the col to hear a Nation-wide radio address by which, while limiting individual and group lapse of freedom every time capital or our Secretary of State. I think that all rights of aggression and defense, may sub labor-and now it is one and now it is those who heard or read that speech will stitute processes of justice for the· more primi another-makes up its mind to have its agree with me that it truly breathes and tive _method of trial by combat. own way regardless of the public interest, typifies the real spirit of America. It Mr. President, in this, the most serious· they become disi1lusioned and disap informed the American people that our economic crisis in all our history, we are pointed in the so-called American way American representatives on the mission practically allowing management and la of life. acted above p·artisanship; acted along bor to settle their quarrels by combat-a. Mr. President, I hope that when the the trt:e lines of democracy in an effort combat that will, if allowed to go on, have American delegation returns to Paris in to persuade the world toward the prin a devastating effect upon our ideals, our the very near future to settle the peace ciples of negotiation and toward the property, our welfare, our health, and our problems of the world, our economic ideals of peace. safety. troubles and ills will be solved, and that The premise laid down by the eminent The victims of this kind of economic we may become strongly entrenched and Secretary of State was fully agreed to dispute, if carried to its bitter end, will united on our domestic front. I pray on the :floor of the Senate in the re be the weak and the sick, instead of the that our representatives may be able to markable and thought-provoking speech strong; the women and the children, in say at that peace conference: ''America made by the able Senator from Michi stead of the young men; the aged instead once again is internally united. America gan. But as I listened to those two ad of the virile. A continued coal strike and is vigorous, America is strong. We are dresses, I kept wondering how much a railroad strike, paralyzing the· Nation, now in a position to exert the leadership further this American delegation could will wreck our economy and our homes. that the world expects." have gone in their noble purposes if we If I had been Secretary Byrnes, I con LEAVE OF ABSENCE at home had been thoroughly united in fess I would have been sorely tempted our reconversion problems and were Mr. BROOKS. Mr. President, I find last night to ask the public, "How do you it necessary to leave the city this after moVing speedily down the highway to suppose the United States looked to the an unheralded peace of progress and noon, and I ask unanimous consent to small nations of the world when I was be absent for the remainder of the week. prosperity. urging the free and untrammeled way of I kept thinking to myself, What a tol The ACTING PRESIDENT pro tem life; when I was telling them about the pore. Is there objection? The Chair erant and generous man the Secretary of democracy that exists in this. America of State really is. I confess that I do not hears none, and the leave is granted. ours; when I was attempting to substi Mr. BROOKS. Now I should like to know whether I could have been as pa tute arbitration and collective bargaining tient as he with the Americans whom make an explanation. The purpose for for despotism or collectivism?" which I am leaving is my desire to at he was representing. Mr. President, in this last crisis we have Not once·did he reproach us with hav tend the Republican State Convention really gone to great lengths to prove that in the State of lllinois. I have been here ing cut the ground from under his feet. democracy cannot work, that arbitration Not once did he reproach us for our constantly, I have answered every quo will not succeed, that the people as a rum call, and I wanted to vote on the bill, utter failure to work out our economic whole are helpless when ruthless men set problems in this reconversion period and desire to do so now, and apparently out on a career .of rule or ruin. I shall still be back in time to vote on it. while he was attempting to work out It would indeed be interested to know the delicate questions of world treaties, what the real reaction of Molotov, of TRANSACTION OF ROUTINE BUSINESS world peace, arbitration, all the ma Russia, and his followers was to the pleas By unanimous consent, the following chinery which must be set going if we routine business was transacted. are to escape another war. of our delegates, when they compared the American plea or proposal to what was ENROLLED BILL PRESENTED We as a people sent Secretary of State actually stirring on the domestic eco Byrnes, Senator Connally, and Senator nomic front in America. I wonder what The Secretary of the Senate reported Vandenberg to Europe to establish these the other foreign delegates thought that on May 20, 1946, he presented to the things. Over and over again the Ameri about our economy, which is being throt President of the United States the en can people have said to these ambassa tled at this moment by ruthless men who rolled bill (S. 1415) to increase the rates dors of good will and peace, "We want apparently do not believe in the processes of compensation of officers and employ the American kind of democracy; we of democratic negotiation and collective ees of the Federal Government, and for want to impress upon the nations of the bargaining. The American people have other purposes. world our ideals of compromise and ar EXECUTIVE COMMUNICATIONS, ETC. bitration; we want them to understand repeatedly asked Secretary Byrnes to tell the principles of an American way of life. the small nations that by following the The ACTING PRESIDENT pro tem We would like to see that established in United States of America they would be pore laid before the Senate the following every section of the world." freer and have more liberty. We asked letters which were referred as indi him to sound the gospel of free enter cated: Then, the minute they start to urge prise throughout the world. Then we these ideals on the nations of the Old demonstrate practically how free enter SUPPLEMENTAL EsTIMATES, DEPARTM ENT OF World, we proceed here in America to do prise is bent upon committing suicide. COMMERCE-(S. Doc. No. 185) all we can to show that these ideals are A communication from the President of not working. We follow with one labor Mr. President, say what you may, these the United States, transmitting supple dispute after another, which threaten the strikes in America are doing more harm mental estimates of appropriation for the whole Nation with paralysis. We ask to our peaceful and good relationships Department of Commerce, amounting to these men in Paris to preach peace, to with our world neighbors than any one $53,749,000, fiscal year 1947 (with an ac thing which has happened in a long, long companying paper); to the Committee on preach the immorality of strife, while we Appropriations and ordered to be pr~nted. 'at home are showing that we do not prac time. I submit that unless we soon place tice what we preach. We have reached our own house in order we will have little SUSPENSION OF DEPORTATION OF ALIENS the point in this country described by the or no right to advise the rest of the world A letter from the Attorney General, trans late Justice Brandeis, when, in an impor what should or should not be done. Na mitting, pursuant to law, a report reciting tant opinion, he said: tions who have had complete .confidence the facts and pertinent provisions of law in in us in the past will soon be leaving us. the cases of 99 individuals whose deportation The conditions developed ln Industry may has been suspended for more than 6 months be such that those engaged in it cannot con They will accept communism or some by the Commissioner of Immigration and tinue their struggle without danger to the other form of government different from Naturalization Service under the authority community. the one in which you and I are so vitally vested in the Attorney General, toget her wit h 1946 CONGRESSIONAL RECORD-SENATE 5327 a statement of the reason for such suspen By Mr. FULBRIGHT: the liquidation of resettlement projects sion (with an accompanying report); to the S. 2220. A bill to authorize the United and rural rehabilitation projects for re Committee on Immigration. States Park Police tq make arrests within Federal reservations in the environs of the settlement purposes, and for other pur PETITIONS District of Columbia; to the Committee on poses, which was ordered to lie on the Petitions were laid before the Senate Public Buildings and Grounds. table and to be printed. and referred as indicated: By Mr. MAGNUSON: EVACUATION CLAIMS COMMISSION By the ACTING PRESIDENT pro tem S. 2221. A bill authorizing a per capita pay CHANGE OF REFERENCE pore: ment of $100 each to the Colville Indians of A pet ition of. sundry citizens of the United the State of Washington; to the Committee Mr. ELLENDER. Mr. President, on States, members of National Maritime Union on Indian Affairs. April 29 I introduced Senate bill 2127, to and of the steamship Eufaula Victory, pray By Mr. KILGORE: create an Evacuation Claims Commission ing for the continuation of the Office of S. 2222. A bill to amend sections 812 and under the general supervision of the Sec Price Administration; to the Committee on 861 of the Internal Revenue Code so as to retary of the Interior, and to provide for Banking and Currency. allow the deduction of the amounts of testa the powers, duties, and functions there A resolution adopted at a mass meeting mentary gifts to veterans' organizations in of, and for other purposes, which was re of citizens of South Jersey, at Camden, N. J., determining the net estates of decedents sub favoring continuation o.., the Office of Price ject to Federal estate taxes; to the Commit feued to the Committee on Claims. The Administration without crippling amend tee on Finance. Committee on Claims gave the bill atten ments; to the Committee on Banking and By Mr. KILGORE (for himself, Mr. tion, and the committee as a whole feels Currency. ANDREWS, Mr. REVERCOMB, Mr. STAN- that the bill should have been referred to . FILL, and Mr. MURDOCK) : the Committee on the Judiciary of the AMENDMENT OF EMERGENCY PRICE CON S. 2223. A bill to establish and effectuate Senate rather than to the Committee on TROL AND STABILIZATION ACTS OF a policy with respect to the creation or char 1942-PETITION tering of certain corporations by act of Con Claims. I spoke to the Senator from gress, and for other purposes; to the Com Nevada [Mr. McCARRAN], the chairman Mr. CAPPER. Mr. President, I ask mittee on the Judiciary. of the Committee on the Judiciary and unanimous consent to present for ap By Mr. ELLENDER (by request): he is inclined to agree with me. . propriate reference and to have printed S. 2224. A bill for the relief of John E. Therefore, Mr. President, I ask unani in the RECORD a telegram I have received Peterson, James M. Hiler, Vivian Langemo, mous consent that the Committee on from Lester D. Watrous, of Wichita, Flay Sibrie, and Ross Lee Brown; to the Claims be discharged from the further Kans., urging favorable action by· the Committee on Claims. consideration of the bill and that it be Senate of House bill 6042, to amend the ATTENDANCE OF MARINE BAND AT NA referred to the Committee on the Judici Emergency Price Control and Stabiliza TIONAL CONVENTION OF UNITED SPAN ary. tion Acts of 1942. ISH WAR VETERANS IN MILWAUKEE, THE ACTING PRESIDENT pro tem There being no objection, the tele WIS.-AMENDMENTS p.ore. Is there objection? The Chair gram was received, referred to the Com J:ears none, and it is so ordered. mittee on Banking and Currency, and Mr. LA FOLLETTE. Mr. President, there is pending on the calendar Order GERMANENESS OF DEBATE-PROPOSED ordered to be printed in the RECORD, as AMENDMENT To' RULES follows: of Business No. 1263, House bill 5641, to authorize the attendance of the Marine Mr. HATCH. Mr. President, I ask WICHITA, KANS ., May 20, 1946. Band at the national convention of thB Senator ARTHUR CAPPER, unanimous consent to submit a resolu Senate Office Building, United Spanish War Veterans to be held tion which has been in my desk for sev Washington, D. C.: in Milwaukee, Wis., August 4 to 10, in eral months, and I ask that it be read. Please help every businessman, stockman, clusive, 1946, heretdfore reported from The ACTING PRESIDENT pro tem and grain grower in the State of Kansas by the Naval Affairs Committee. I ask pore. The resolution will be read. supporting H. R. 6042 to secure relief from unanimous consent to submit amend The Chief Clerk read the resolution oppressive OPA. In my business I contact ments to that bill and that they lie on 200 outstanding merchants in the Middle the table. I ask further unanimous con Mr. BARKLEY. I am not talking policy for the ~ongress to pursue in di collective bargaining allowed by the Na about a filibuster. I am talking about minishing strikes and industrial strife tional Labor Relations Act and a nega the technical difference between limita and encouraging the uninterrupted flow tion of the Norris-LaGuar~a Act. It was .tion of debate by the invoking of a rule of production. · an indirect attack upon legislation which which requires a two-thirds vote to have I cannot make it too clear, Mr. Presi the enemies of labor opposed when it was it carried iQ.to effect, and which, if car dent, that those of us who have been passed. They opposed it in the courts of ried, woufd only give a Senator an hour, opposing the restrictive amendments of the country, and have tried to erase it and the limitation of debate which I am fered to the pepding · bill are just as from our statute books by legislation of seeking by asking the Senate for unani anxious that reconversion should be un one sort or another ever since its enact mous consent to limit debate by unani impeded and that the flow of production ment by the Congress. mous consent, which gives each Senator should be uninterrupted as are any other But, Mr. President, instead of coming an hour. I do not see any difference so Senators upon this floor. We only re forth with a straightforward effort tore far as the effective result is concerned. gret that the public understanding of peal the National Labor Relations Act, Mr. MORSE. Of course, the Senator the _issues involved has been so clouded which is what they really strike at, they may not share ·my view with regard to and confused that a great many people try to achieve the same results by cir it, but I think there is a fundamental dif do not have that opinion. There have cumlocution and indirection-by some ference, and I wish to say that, so long been some who thought that those who thing other than a direct attack. So the as any Senator wishes really to discuss opposed these restrictive amendments on Case bill is aimed at taking away from the merits of the matter, I intend to ob labor-not only organized labor but un labor the strength which it has acquired ject to any limitation of debate. I am organized labor-were engaging in a fili under the collective bargaining law, inclined to think, as I have observed in buster; and that charge has been repeat which is the bible of labor in this coun the past so many times, that if we pro edly made in certain segments of the try-the National Labor Relations Act, ceed with the debate on the merits it will press. Generally speaking, if one ex sponsored by the able senior Senator from be found that the total debate will be amines the character of the newspapers New York EMr. WAGNER]. much less in time consumed than would which have made such charges, he will Mr. President, the House bill would be consumed under the limitation agree find that it is justifiable to say that they have made the labor unions register and ment which the Senator from Kentucky have been and are antilabor in their file detailed accountings with the Secur now seeks to obtain from the Senate. sentiment and atitude. They do not ities and Exchange Commission, but it Mr. BARKLEY. I do not know. I have the sympathy for the plight of the did not propose any such obligations upon have never observed that placing a limita workingman that proceeds out of a corporations, except those that were sell tion on debate thereby extends the debate genuine feeling of humanitarianism or ing their securities upon public exchanges. automatically. brotherhood. They are the kind of em It would make labor report about the elec Mr. MORSE. I have observed several ployers who would never give an em tion of its officers, but it would not make times, when the Senator has sought to ployee anything except what he gets by corporations file such reports about the place a limit on debate, and there was ob force and by the coercion of collective elections of their officers. It provided jection, that the debate which actually bargaining. Those newspapers have en that there must be filed a showing of the _~ occurred occupied a shorter period of time deavored to stir up public prejudi-ce based salaries received by labor leaders, but it than would have been occupied if the upon public confusion and misunder did not require a showing of the salaries limitation had been put into effect. standing of what is essentially involved and expense accounts received by execu Mr. BARKLEY. Of course, Mr. Presi in the controversy before the Senate to tives of corporations. dent, we all know that the pending legis day. No, Mr. President, 'the very persons who lation has been under consideration now The able chairman of the Committee talk about imp~g cor.Felative obliga for more than a week. It was inter-· on Education and Labor [Mr. MuRRAY] tions upon labor and capital are not will rupted by 1 day's consideration of an and a majority of his committee, after ing to impose upon capital and manage other matter, but outside of that it has months of hearings, weeks of delibera ment the obligations they strive to im been debated for a week. We have not tion, and many long days of earnest dis pose upon· labor. Obviously, therefore, voted on any amendment to it yet, and cussion, brought to this floor a bill which, labor gets the impression that we are a good many amendments, I understand, in the opinion. of that committee, would prejudiced in our approach to the whole have been offered or will be offered, and curb strikes more effectively than any problem. have been printed. I am merely seek other legislation we could propose. It Therefore, Mr. President, instead of a ing to expedite the business of the Sen would in the long run be more conducive series of hamstringing and emasculating ate, in view of the situation it confronts. to industrial peace than any other legis proposals such as those contained in the I have to submit, of course, to the Sen lation we might bring to the floor of the original Case bill, your Committee on ator's objection, or to that of any other Senate. Education and Labor, by a majority vote, Senator who may register objection, when That' committee positively rejected the reported to the Senate a bill wh1ch, in I seek to bring about any limitation by other philosophy of curbing industrial the opinion of the committee, represents unanimous consent, so long as the Sen strife and reducing industrial disputes. the best policy which we could pursue in ator feels obliged to object. In the first place the Case bill, which diminishing industrial strife. What is The ACTING PRESIDENT pro tem came to the Senate from the House of that policy? In the first place, the bill pore. The Senator ·from Florida [Mr. Representatives in no paragraph, sec reported by the committ~e outlawed the PEPPER] is entitled to the floor. tion, or sentence proposed to curb or to kind of interference which has occurred Mr. HATCH. Mr. President, will the stop strikes·.. In fact, no Senator has in the past with farmers bringing their Senator from Florida yield to me to sub- yet proposed an amendment which he produce to the city markets. A majority mit a resolution? · will dare to say to his colleagues can stop of the committee placed a prohibition in Mr. PEPPER. I will yield to the Sen strikes. Neither did the House of Repre the committee bill against that kind of ator from New Mexico provided I shall sentatives send us, · nor has any Senator interference. not be criticized for yielding to Senators proposed, legislation which offers any In the second place, the committee for introduction of measures or submis efficacy as a coercive power in preventing biil set up a Board of Mediation, to be sion of matters for the Appendix, and like or curing the strikes which have inter appointed by the President and con matters. I will gladly yield with that rupted the flow of production or trans firmed by the Senate, and paid decent understanding. portation. ·salaries. The bill took that Board out United States Senate, because Sen haps prefer that the sentiment not be The Senate determined that immedi ators will bear the scorpion's lash of allayed until this legislation is enacted. ately it had to do . something against public condemnation if they do not Mr. BYRD. Mr. President, I wish to John L. Lewis. enact legislation that will be considered ask the Senator from Florida if he stated But, Mr. President, meanwhile the by the public as-in some way or other that I had advised the coal operators President of the United States had never punitive against John L. Lewis." not to settle this dispute at this time. taken over the mines, as he has author Mr. TAFT. Mr. President, will the Mr. PEPPER. The Senator from ity to do under the law. The President Senator yield?· Florida stated . y~sterday, and again to- 1946 .CONGRESSIONAL RECORD-SENATE 5331 day, and he will now state to the Sen senior Senator from Virginia [Mr. prise, and a comfortable and attractive ator from Virginia, that he had no fac GLASS] said to me that it never paid to home for his family-! say, Mr. Presi .. tual confirmation of it; but, understand get· into a contest with a skunk.- dent, if he gathered any impression that ip.g the Senator from Virginia to say the Mr. PEPPER. Mr. President, I shall the Senator from Florida intended in any other day that he had; not knowledge not raise any point, though I do not _be personal way to reftect discredit upon gained from the newspapers-which is lieve that while on the ftoor of the Senate him, I am deeply sorry. I had no such the knowledge the Senator from Florida I have used any language comparable to intention at all. I was speaking with said he had to rely upon-but knowl the language which the Senator from reference to the public policy which is edge gained, as he said, from the mine Virginia has just employed. I am, in involved. When a Senator offers an operators-maybe he said through an deed, sorry that the Senator,-being often amendment to the effect that a labor intermediate of the mine operators, and times off the ftoor, has completely mis union representative may not demand of due to the fact that people who had the understood the argument which the Sen his employers a welfare fund and have Senator's point of view had been ip con ator from Florida was trying to make. it administered by the union, I believe it tact with the mine owners, the Senator I will repeat a part of it in order that the to be proper to comment upon •mch from Florida stated that, under the cir Senator from Virginia may understand amendment. I think that under those cumstances, it was the belief of the Sen that -in no circumstance has the Senator circumstances it is pertinent to show, as _ ator from Florida that he had been in from Florida intended to make, or has I attempted to do, the kind of hovels in contact with the mine operators? made, any personal attack on the Sen which miners are required to live and Mr. BYRD. Mr. President, that is a ator from Virginia. the pitiful conditions under which they charge by innuendo, and false innuendo Mr. HAWKES. Mr. President, will the are required to exist. at that; and I emphatically deny that Senator yield? I now yield to the Senator from there is any truth in what the Senator Mr. PEPPER. Excuse me. If the Virginia . . ·from Florida has said. Senator will say that what lmay think of Mr. BYRD. Mr. President, I am under Mr. PEPPER. Let me ask whether the him is a matter 6f no concern to him, I no compulsion of the Senator from Flor Senator from Virginia has been in con will say that what the Senator from Vir ida to account to him for my votes. I tact with the mine operators? ginia 'thinks of me in respect to my per may vote as I please. I vote only in ac Mr. BYRD. The only contact I have sonal relationship to him is a matter of cordance with an obligation to my own had is that certain Virginia operators very grave concern to me. I shouldJike conscience and an allegiance to the peo had seen me, as they had a right to do. to continue to enjoy his friendship in ple of Virginia. So long as I am satisfied They certainly have that right. spite of the fact that we do not agree in that respect, I am not obligated to Mr. PEPPER. Of course they have. philosophically on many questions. satisfy the Senator from Florida as to Mr. BYRD. The Senator from Florida When I referred to the house of the any vote which I may cast. evidently believes that a Senator has no Senator from Virginia, and to his apple Mr. PEPPER. If the Senator thinks right to speak even to his constituents if orchard, I was trying to show that if we that the Senator from Florida regards they be coal operators. Is that the posi were to adopt compulsory legislation himself as exercising any authority over which would compel a miner to take a the kind of vote which the Senator from tion which the Senator takes? Virginia casts, the Senator is more pre Mr. PEPPER. Not under any circum short pick and go down into the black bowels of the earth and mine coal, we sumptuous than is the Senator from stances. Of course, Senators have the Florida. right to speak to their const~tuents. would, by the same token, send the Sena tor from Virginia out into his spacious Mr. BYRD. The Senator from Florida Mr. BYRD. I have not given advice 1 certainly cannot believe that he has a to the coal operators, nor have 1 been apple orchards with a bayonet behind his back, and a hoe in his hand, and make right to exercise any control or does ex present in their conferences, or partici ercise any control over the Senator from pated with them in their negotiations. him also perform the kind of labor whi.ch Congress might impose upon him, When Virginia in the votes which he may cast. Mr. PEPPER. But the Senator has However, the Senator from Florida has conferred with some of the mine opera I spoke of the Senator's house I did not limit my statement to the Senator from attempted to criticize the votes cast by tors of his State. Virginia, but it applied to all of us. We the Senator from Virginia which were Mr. BYRD. I conferred with Virginia hardly know what it means to live in cast in accordance with his convictions. mine operators who wanted to see me, hovels like those which miners have to Mr. PEPPER. I am sure of that. and I will confer with any of my con live in. I repeat that it is not always Mr. BYRD. So long as I can satisfy stituents at any time they may wish to easy for a Senator who lives in a large, · my constituents in Virginia I have· no see me. fine houSe, surrounded by spacious intention whatever of attempting to sat- Mr. PEPPER. Yes. The Senator has grounds, to realize how desperately, how isfy the Senator from Florida. · a right to do so. pitifully, and how insanitarily a great· Mr. PEPPER. The Senator from Mr. BYRD. Mr. President, I wish to many persons in this country are re Florida has never expected the .Senator. say· a word concerning the frequent in quired to live. The Senator from Vir from Virginia to attempt to satisfy him, sinuations which the Senator from ginia has generally voted in the Senate, and if he has not done so within the Florida has made against me. - I have although conscientiously and honestly, past 10 years I ain sure he is not likely been told that the other day he made the sentiments of a man who lives his to begin now. I am very sorry that the some reference to the house in which I kind of life, and he has not always ex Senator-- · live. I wish to say that, so long as that pressed in the votes which he cast an Mr. BYRD. The Senator from Flor house was honestly acquired, it has noth understanding which perhaps some of us ida is now farther away from satisfying ing to do with this debate. I happen to think he should have manifested of the the Senator from Virginia than he has have started to work at the age of 15 poor devils who live in wretched houses been at any time within the 10 years we and have worked hard. I have accumu with unsanitary privies, from which have spent together in the Senate. lated some property. It is not as much water pours into their kitchens, and who Mr. PEPPER. Mr. President, I am as some persons state it is, but whatever are not afforded any possibility of en deeply sorry that I said anything in my it is, it is mine, and honestly acquired. remarks which were addressed to the The Senator wishes to bring it into the joying the decencies and amenities of life issues, that in any way offended the Sen debate merely to prejudice against me which, in my opinion, every American ator from Virginia, and insofar as I am the coal miners of my State, of whom should have an opportunity to enjoy. at fault I wish to extend to the Senator there are many. I have not answered Mr. BYRD. Mr. President, will the my apology, I assert that while I do any of the remarks which were made by Senator yield? not always agree with the Senator's the Senat<:>r from Florida, because his Mr. PEPPER. However, if the Senator philosophy~ I respect him very highly as 'opinion of me ·is a matter of complete from Virginia obtained any impression an individual, and I hope to enjoy his indifference to me. It does not make a whatever that the Senator from Florida personal friendship whether I ever get particle of difference to me what the intimated or intended to intimate that out of his skunk class or not. I am sure Senator from Florida thinks of me. I there was anything other than credit to that when the gracious and usually hos am reminded, too, Mr. President, that be attached to him for having been a pitable Senator has a little opportunity when I first became a Member of the business success in life, or that he has to reftect, he will accept my apology and Senate my distinguished colleague the not, by his· own labor, built up an enter- will, perhaps, make some correction in 5332 CONGRESSIONAL RECORD-SENATE MAY 21 I : today's RECORD with regard to the discus who does not feel the pinch of poverty; essential Americanism; VJhen some of . sion which has taken place. it is awfully difficult for a man who does us insist upon the right of working men Mr. HAWKES. Mr. President, will the not have the pains and heart anguishes and women to be provided with medical Senator yield? that many of the poorest people of the and hospital and home-nursing care for Mr.· PEPPER. I yield. country have, to understand their point themselves, their wives, and their chil Mr. HAWKES. I assume that the Sen of view. I know that the mine opeFators, dren, we think we are advancing essen ator from Florida, as well as every other for example, have their point of view, tiona! Americanism; and when some of Member of the United States Senate, is and Mr. Lewis has his point of view, and us defend the right of labor to act to interested in bringing apout understand I desire to read a few extracts which gether collectively and to use their com ing and harmony with reference to work indicate the way some of the workers in bined' resources to better their condi ing conditions between the various the mining industry live and emphasize tion, we think, we too, are advancing es groups which make up American life. how far away their mode of life is from sential Americanism. Yet when we de In my opinion, we are serving our con that of Senators. If I cannot say that fend those rights, we are accused of be stituents better when we omit personali without offending some Senator, the Sen ing Communists, in believing in a labor ties and apply ourselves to the facts and ate will have to excuse me. dictatorship, and subscribing to all the conditions which are causing a disruption Mr. HAWKES. If the Senator from things that are distasteful to American of affairs in the United States. I cannot Florida will yield a moment further, I do life. We, too, think when we are de help but remark that, while sitting here, not deny he has the right to say anything fending the civil rights of an American if I understood the English language, I ·he desires. I am merely talking about citizen to work or not to work that we felt that the Senator from Florida un personal attacks and statements that are. are defending constitutional preroga necessarily devoted himself to an attack dividing the people instead of bringing tives which are the. very essence of Amer upon the Senator from Virginia for his them together. icanism. Yet, in our opinion, those very personal acts in connection with the Mr. PEPPER. As much malice has things are to be stripped away from pending matter. I cannot help feeling been generated-by the corporate powers the workingmen of this country if the that way. The Senator may say that, of this country as ever came from any pending amendment proposed by the because I pay my bills in the United other source. Senator from Virginia and other Sen States and have not been a charge on Mr. HAWKES. I am not going to deny ators is adopted -by the Sertate and .be- the Government, nor have gone to it for that wherever that has been the . case, comes the law of this land. · a dole, or placed my family on relief, that sorrow has been generated and differ I am not complaining about success in itself is ~n argument against me for ences of opinion and bitterness have de ful men in this country, but I am saying objecting to the nianner in which the veloped; but I want the Senator to under that it makes a great deal of difference business of the Senate has been progress stand that I know all about being poor. whose ox is being gored. I stated here ing. I am proud that I have not been I have seen the time when I could not pay the other day to some of the defenders of a charge on the Government. I am proud my bills. I went to work when I was 10 private enterprise, the essential private of the Senator from Virginia for what he .years old, and did not go to higher schools enterprise system of America, that I be has done since he was a small boy. I and have the kind of education the Sena lieve in the system of private enterprise. personally resent the attacks which have tor is talking about, though I did find a I believe in the right, as I said the other been made on the Senator from Virginia way to get some of it by attending night day, of the Senator from Virginia to while we have been debating a subject in schools. I want to say to the Senator, have his own private enterprise, but his an attempt to bring the people of the because I should like to have him under private enterprise is no more important United States closer together, rather than stand, as I know he wants to, that I have to him than is the right of the miner in to divide them and create hatred. shoveled salt illto a muriatic furnace 10 the mines to work with his pick and his Mr. PEPPER. Mr. President, the able hours a day when a young man, in order little lamp on his forehead down in the Senator from New Jersey is one of the to make a living, and I do not know of dark passages of the underground. finest and most gracious Senators on this . any harder or dirtier work in the world. Mr. President, what a number of Sen :floor. Yet he is head of a great enter So I have a deep understanding of the ators want to do is to apply one standard prise. people who are working and about whom of law to large private enterprise and Mr. HAWKES. Pardon me. I am not the Senator is talking. The poirit I am another standard of law to small pri the head of a great enterprise. raising is that, because some of us stand vate enterprise; they want to apply one Mr. PEPPER. Well, the Senator is the for certain principles on which American standard of law to the head of a large owner, I may say. life has been· founded and built up and enterprise and another standard of law Mr. HAWKER No. Mr. President, I do not agree that we should tear down to the humble man who \Vorks for the wish to say in defense of myself that the our econom.ic system and the whole struc large corporation. What I want to do Senator from Florida never made two ture of government, but, rather, that we is to respect private enterprise where statements which were so nearly 100 per should improve our relationships gradu ever it may be iry America. cent inaccurate. That is the difficulty ally and make them what we want them For example, the amendment of the with the Senator's argument. That is the to be, the finger of scorn, hatred, and .Senator from Virginia which was offered point I am raising. For 3 days we have bitterness is pointed at us. Harmony at the beginning of last week has been listened to innuendo and statements not discord-will accomplish these things changed at least four different times since concerning imaginary things that do not in the American way. the Senator from Florida has been ad exist in life:- However, I deny the Sen Mr. PEPPER. Yes; and when some of dressing himself· to the amendment. ator's statement 100 percent. us on this :floor stand for what we be Senators know that to be so. As origi Mr. PEPPER. Very well. I have heard lieve to be essential Americanism, what nally offered the other day, it contained the Senator in the Patents Committee are we called in the press, and, in some a fiat prohibition against any employer talk about congoleum and many other · instances, by our colleagues in the paying any sum of nioney.or other thing things. Senate? of value to an employee, without any Mr. HAWKES. I was connected with Mr. HAWKES. Mr. President, if the limitation, without any exception, with the Congoleum Co., but before I came to Senator will yield further-- out any reservation. The Senator from the Senate I resigned from the presi Mr. PEPPER. I yielded to the Sena Montana [Mr. WHEELER] stood on the dency of that company, arid I never tor, and I should like to finish what I :floor of the Senate and pointed out that owned it. am saying. · the original amendment would prevent a Mr. PEPPER. Let me say that the Mr. HAWKES. Very well. I thank corporation from giving a hundred dol Senator from Florida also has some privi the Senator. · lars to a baseball team that a group of leges of statement and opinion. The Mr. PEPPER. When some of us ad employees might organize. The Senator Senator from Florida has done what he vocate the working men and women of from Mont-ana also pointed out that it could to emphasize that there are many this country getting a fair wage, we would probably prevent a railroad from people living a long way from the way think we are advancing Americanism; giving a pass to an employee who worked the worlting men and women of this when some of us insist . upon the right for the railroad. The Senator from Flor country live, and it is awfully difficult of the American. family to live in a de ida pointed out that it would prevent .a for a man living in a great palatial home, cent home, we think we are advancing coi.·poration from contributing to a 1946 CONGRESSIONAL RECORD-SENATE 5333 health fund. He pointed out that it other benefits for employees in activities were a million and a half working people would prevent 200,000 workers who are affecting commerce and for their families in this country who were covered by today enjoying health funds, which have and dependents, and to encourage the sup port of such plans by employers, whether voluntary plans. In some cases the been arrived at by collective bargaining such plans are administered by employers money is put up by the employer alto with the employers, from continuing to and employees jointly or solely by employ• gether, in some cases the money is put utilize such funds. Those criticisms of ers or solely by employees m:.. otherwise. No up by the employees altogether, and in the Senator from Florida and other Sen provision of this or any other act shall be some cases the money is put up by the ators have been responsible for four dif deemed to prohibit such plans or to pro employee and employer jointly. It is a ferent alteration·s in the amendment of hibit employers from contributing to the matter about which they should have the able Senator from Virginia, and all support of such plans, except in any case freedom of action. where such support constitutes an unfair the time the newspapers have been talk- · labor practice under the National Labor Re Mr. President, not only are a million ing about a filibuster and Senators have lations Act. The failure or refusal of an and a half working people in this coun been accused by one insinuation or an employer in an activity affecting commerce try covered by such plans but I am ad other. Yet our criticism has changed to bargain collectively concerning the estab vised that there are five foreign countries, and perhaps improved the Byrd amend lishment or maintenance of such a plan shall Great Britain, Spain, the Netherlands, ment. I take it the Senator will have to be deemed to be an unfair labor practice for New Zealand, Belgium, which already agree to that statement,. because of the the purposes of the National Relations Act. have the same kind of plan in existence fact that he has voluntarily modified his (b) As used in this section, the term "ap and in operation. Yet the Congress of proved plan" means a plan which has been amendment from time to time as these approved, or which is to take effect only upon the United States, if the amendment of points of criticism have been brought out. its approval, by the Surgeon General of the the Senator from Virginia is to be I pointed out that, in my opinion, that United States insofar as such plan provides adopted, would make it unlawful for amendment was unduly restrictive of the for hospital, medical, and home nursing management and labor to work out such rights of management and labor in col care and services and by the Secretary of plans as this unless they kept labor, the lective bargaining. I am saying that the Labor insofar as such plan provides other employees, from the principal adminis Senator from Virginia proposes to curb benefits. The Surgeon General and the Sec tration of the fund. retary of Labor shall approve any plan sub the power of management and labor in mitted to them for the purposes of this Mr. President, I do not know which is respect to their own affairs, that is to say, section if they find that such plan i3 a bona the best way to operate the fund. I dare as to whether there can be a health fund fide plan for providing benefits for employees say we are still going through experi or not, and who can administer it. I am and that a fair and equitable method of mentation, I dare say that we will find saying that the coal miners of this coun administering such plan is provided. out eventually by experience which is try have been denounced for causing a Mr. President, what does that substi the best way to raise the money and strike, but nothing has been said about tute for the Byrd amendment do? It says which is the best way to administer the the coal operators who have flatly refused that, instead of prohibiting management fund. to negotiate and provide a health fund and labor from getting together and I have stated here in response toques for the miners. agreeing upon a health plan and a wel tions by the Senator from Illinois that, I do not ask the Senate to take my fare plan, Congress encourages their do~ insofar as requiring the employees to word for that. I read into the RECORD a ing so. It says it is the national policy make an accounting is concerned, I few days ago what the mine operators' of the Congress to aid them and to give would support an amendment of that negotiating committee said about it. them support in the formulation of such sort, providing for an accounting to any Here is one of the paragraphs of their plan, rather than, as the Senator from public authority which might be deemed statement: Virginia would have had Congress do, the best authority to examine into the It is to be noted that at·least three of these prohibit them from collectively and vol reports. But I do say that it is wrong; demands are immeasurable on any actuarial untarily working out such plan, includ I not only say it is wrong, but I say that or other basis and would result in expendi ture of many more millions than those that ing the right of the union itself, or the it is discriminatory; I not only say it is are measurable, and that the limits upon employees if unorganized, to have the discriminatory, I say it is unfair for us the expenditure of money are not explained majority of representation on the board, to interpose statutory prohibitions into nor specified nor restricted. The operators' due to the fact that they are the ones this field of voluntary collective bargain negotiating committee unequivocally rejects for whose benefit the fund is provided. ing, and because for some reason or an this proposal for the following reasons. Mr. President, which do Senators think other we do not like labor, or do not Then it says that if there is to be any is the fairer proposal? Should we step think labor should administer the fund, legislation on this subject it has to be in by arbitrary legislation and attempt deny management the right even to give general in character. to curb the freedom of parties to collec employees by voluntary agreement the Then I asked the question, Will Sena tive bargaining, and to say that they can authority to administer a fund which is tors proposing to outlaw the administra not make the provision for a health fund to provide health and care for their own tion of these health funds by employees as a. condition precedent to work? Or, bodies and their own families. join us in proposing national-health leg shall we say that, until we can devise Mr. President, I can well understand islation like the Wagner-Murray-Dingell a national health plan passed by law, the why the employees might wish to ad bill, that will make it possible for the. thing we should do is to encourage all minister the plan themselves. I can workers of this country and the people employers and all employees to get to gether and devise the best kind of a well understand how they might think generally to contribute to a national in that the management of which came surance fund from which they can pro health plan for their own workers they can work out, without any restrictions altogether from the employees would be vide the medical and hospital care which more sympathetic with the problems of the people of this country need? I am on how the fund shall be administered as between the employers and the em the employees than a ooard composed saying that, as a general rule, those who of representatives of either the public are the principal proponents of these re ployees, or either one of them, or both of them, and the public? or the management. But the interest strictive amendments have not been the ing thing is that from Bulletin 841, which advocates of national-health legislation Mr. President, I pointed out that there were already in effect in this country I read in the Senate a few days ago, it as an alternative to the kind of health appears that the plans which are already fund the unions are trying to provide by these voluntary health and welfare plans worked out by CIO and A. F. of L. unions in existence in the country embody the their own collective-bargaining rights. three methods, and here they are: Here is the amendment of the Senator in which over 600,000 workers were from Montana [Mr. MuRRAY], the Sel!a covered today; and had the amendment A little more than a third of the employees of the Senator from Virginia not been covered by health-benefit programs included tor from Oregon [Mr. MoRSE], and the in this report are under plans which are Senator from Florida: altered by the Senator from Florida pointing out what I have stated, it jointly administere-d by the union and em It is hereby declared to be the policy of ployer. Another third are covered by pro Congress to encourage and facilitate the would have outlawed every one of those grams for which insurance companies as establishment and maintenance of approved plans already in existence. sume the major administrative responsi plans within industry for providing hospital, I pointed out, Mr. President, that our bility; and somewhat less than a third are medical, and home nursing cate and services, committee had made a study of these in under those administered solely by the insurance, vocational rehabilitation, and dustrial health plans, and that there union. · 5334 CONGRESSIONAL RECORD-SENATE MAY 21 Mr. President, the pending amend against labor even peacefully picketing, I will add, Mr. President, that it means ment was proposed to strike at John L. or in some other way who would impose the injured never will have to pay the Lewis. It was proposed because the restrictions and restraints upon labor's lawyer 50 percent of what he would re sponsors understood that Lewis had said, exercise of its economic force. It was cover. That means the employer in ''I will not negotiate about wages and such a scandal, Mr. President, that finally court will use the defense of contributory hours until you agree to the principle of the Congress of the United States passed negligence and the fellow-servant rule a health fund," and they offered this the Norris-LaOuardia Act, and that and all the other delays that a poor fel amendment to make it unlawful to get placed a prohibition upon any court to low meets in court. I continue to read: issue that type of injunction in the fu it by law even if it were secured by col If a m iner becomes ill because of the na lective bargaining. ture. Now, some ask that Congress to a ture of his work or for any other reason-say Is that wise legislation? Is that the very large degree impair the efficacy of the miserable sanitary conditions in m any kind of legislation Congress should the Norris-LaGuardia Act and restore to minin g communities-he may h ave the at adopt? Is that the approach to this a considerable degree that old power in tention of a "company doctor" if he has al controversy which the Congress should courts to issue these injunctions and re lowed the company to hold back a percentage make? Is that the spirit in which we straining orders, the effect of which prac of his pay to provide the doctor's salary. The tically makes it impossible for labor to miner does not have the privilege of going should legislate? to a doctor of his own choice, the privilege I have said every day that I have exercise its economic power. on which the American Medical Associat ion spoken on this subject that I do not Mr. MITCHELL. Mr. President, will places so much stress. any more approve ·John L. Lewis' atti the Senator again yield? ''RACKET'' COMPLAINTS tude and John L. Lewis flaunting of his Mr. PEPPER. I yield. There are mining companies that take arbitrary power before the country, John Mr. MITCHELL. In relation to the pride in their medical service, and with some L. Lewis' apparent inconsideration for statement the Senator has just made, I reason. There are others that just ify the the public interest, than does any other notice also on page 28 of the bill that complaints of miners that the service is a Senator. But I say that, if we adopt section 8 refers both to the National "racket ," out of which the companies ac these restrictive amendments, if we im Labor Relations Act and to the Norris tually m ake money, just as they make money ·pose upon labor curbs of the particular LaGuardia Act. Apparently, from the out of company stores. kind proposed, all we are going to do is Senator's explanation, the striking of If the miner's illness calls for hospital care, he may receive it if his is one of the not too to embitter them, all we are going to do that section from the bill might impair common mining communities t hat happens is make them feel that we have exercised both the NLRB and the Norris-LaGuar to have sufficient hospital facilities. Other a prejudice against them, all that will be dia Act in serving the purposes for which wise the miner is just out of luck. done is to make them feel that we are they were created. Is that a correct in All of these things have a direct bearing trying to penalize them, and that the ference to make? on the present break-down of American in proposals proceed out of a spirit of hate Mr. PEPPER. That is my impression. dustry. They are the justification offered by and animosity and vindictiveness, rather I have exactly the same opinion of the the mine workers for their refusal to mine than that they come · from deliberate, legal effect of the amendment as has the coal without a contract providing for a health carefully devised, and solemnly thought Senator from Washington. and welfare fund. And all of these things could be handled by Federal legislation, or, out legislative proposals as they should Mr. MURRAY. Mr. President, will in the case of workmen's compensation by come from the Congress of the United the Senator yield? State legislation. ' States. Mr. PEPPER. I yield. The necessary legislation has been before Mr. MITCHELL. Mr. President- Mr. MURRAY. My understanding is Congress for some time, but Congress has The PRESIDING OFFICER (Mr. TuN that the Byrd amendment undertakes failed to act. NELL in the chair) . Does the Senator to strike section 8 from the bill because it would be inconsistent with · the Sen I will say that the Senator from Mon from Florida yield to the Senator. from tana [Mr. MURRAY] and the Senator from Washington? ator's amendment to the amendment of the Senator from Virginia. It would New York [Mr. WAGNER] have been Mr. PEPPER. I yield. working on such legislation in the Sen Mr. MITCHELL. Section 8 of the bill nullify his amendment if it were allowed to remain in the measure, because under ate for some 10 years. And the very Sen . as reported by the Committee on Educa ators, including the Senator from Vir tion and Labor provides: the National 'Labor Relations Act the subject of welfare funds would be a ginia, and other Senators in many in Nothing in this act shall be construed to stances who are advocating these re diminish or interfere with the exercise of the proper problem for negotiation, and rights of employees or labor organizations therefore, in order to make his amend- strictive amendments are the most un under the National Labor Relations Act. . ment effective, he wants to strike out sympathetic Senators on the Senate of the bill the provision that, "noth floor as a general rule to the kind of leg I note that the Byrd amendment, ing in this act shall be construed to islation proposed by the Senator from which is now under consideration, pro diminish or interfere with the exercise Montana and the Senator from New poses on page 28 to strike out section 8 of the rights of employees or labor or York. and insert in lieu thereof other language. ganizations under the National Labor I continue to read: What effect will that have upon the Na Relations Act * * * " tional Labor Relations Act? Congress has not been disposed to correct Mr. PEPPER. Mr. President, I have in conditions that lead to labor trouble, but in Mr. PEPPER. Mr. President, my opin my hand a column written by Lowell stead to wait until a crisis occurs and then ion is that there would be no doubt that Mellett, published in the Washington to thrash about blindly in an effort to "con it would be a limitation upon the Nation Evening Star, the heading of which is trol" labor. Statesmen of the caliber of Sen al Labor Relations Act. All through "National Health Act might have fore ator BYRD, for example, come up in the pres these amendments, as I said in the first stalled coal crisis." I read as follows: ent desperate situation with bills designed instance, the same thread runs through to outlaw any effective agreement between If a man accepts a job in a coal mine he the operators and the miners designed to a designed purpose to restrict the Nation can work in reasonable safety-if his State eradicate the conditions of which t he miners al Labor Relations Act. For example, has enacted and enforces the safety regu justly complain. some of the amendments would not only lations recommended by the United States restric't the National Labor Relations Act, Bureau of Mines. Few States have enacted NATIONAL HEALTH ACT but would restrict the Norris-LaGuardia and fewer actually enforce these standard The legislation that might have forestalled Anti-injunction Act as well. safety regulations. · Congress has not seen the coal crisis and our present industrial fit to confer enforcement power on the tailspin is known as the National Health Act, Mr. President, we are now so far away Bureau of Mines, as could be done. Of Which Senators WAGNER and MURRAY and from it 1n time, and some of us are so far If a man is injured in a coal mine he may Representative DINGELL are the authors. away from it in living that we have for collect some damages under his State work President Truman has endorsed it and urged gotten the awful condition which used to men's compensation law-if his State has its passage. It would extend the provisions prevail in this country when the em such a law. Of the mining States, only of the present Social Security Act to malre ployer would run into a Federal court· Illinois and Pennsylvania. are said to have medical care and hospital facilities available reasonably adequate compensation laws. In to all citizens. Operating as an insurance where there was a judge who had a life most States participation by employers is system, pure and simple, it provides for an time appointment, perhaps who was un wholly voluntary. If the miner's employer assessment of 3 percent of industrial pay sympathetic to labor, and he would issue 1s not a participant, the miner's only re ·rolls, half to be paid by the employers and an injunction against labor striking, or course is a lawsuit. half by the workers. The fund thus raised 1946 CONGRESSIONAL RECORD-SE·NA TE 5335 obviously would not equal ~he amount ob operating managers collect clues by the ton by the same token, union dues come out tainable through the 7 perc~nt contribution from their members and, by the terms of a of the cost of mining coal, and are a per asked by John L. Lewis on behalf of the mine special law of Congress, they can add to the missible contribution to the miners' or workers. · sales price the expenses of their as~ociations . But offsetting this difference, the proposed or trade bodies. ganization, just as the sort of contribu act would provide for Federal assistance in tion which the Senator has just men the building of hospitals in communities I wish to emphasize that point, Mr. tioned would be a part of the expenses where public revenues are.insufficient. President. This amendment was offered of the manag_ement organization. Labor leaders have been testifying in favor for the purpose of making a tax upon Mr. PEPPER. Let me ask the Senator of this health bill. One day recently the each ton of coaf illegal if it went into a a question. Perhaps he has information House Ways and Means Committee h~ard health fund for the benefit of the miners. which I do not have. Are union dues James B. Carey, secretary-treasurer of the But Mr. David Lawrence, iri the United added to the price of coal? .. CIO. A member of the committee asked Mr. Carey what he thought of John L. Lewis' States News, is telling us that manage Mr. HICKENLOOPER. I think they demand for a health and welfare fund. Mr. ment, in order to provide a fund with are taken into account in the general Carey declined to comment. The member which to carry out its objectives, how• over-all picture. .persisted. Mr. Carey still declined, but did ever legitimate they are, imposes upon Mr. PEPPER. It may be that in fix say that, unle11s national health legislation its members a tax of so much a ton. Has ing wages the union dues are taken into is enacted, it is certain that the CIO unions the Senator from Virginia or any other account; but I never hea•rd of that be would all be demanding health and welfare Senator proposed to outlaw such a levy? in~ true. I know that there is a check funds in future contracts. Is it a tax, as it is said the health fund off system-- In addition, Mr. President, I have be requirement would be? Is it a violation Mr. HICKENLOOPER. Authorized by fore me a copy of the United States News, of constitutional liberty, as it is said the law. published in Washington, the editor of health fund would be? That is what I Mr. PEPPER. It is authorized by law. which is Mr. David Lawrence. These are have been trying to say, Mr. President. But the company is simply the agent of some of, the things which Mr. Lawrence The proponents of the amendment make the employee, to pay to the employee's says: · fish out of one and fowl out of the other. union a regular fee or contribution a:s MINERS' PLIGHT OLD STORY They treat the employee one way, and union dues. However, that does not These questions have been . asked again they would treat the employer in another mean, in my opinion, that the union and again in past years when serious strikes way. Mr. Lawrence tells us one glaring dues are added to the price of coal. As have occurred. There is only one tragic example. In order to raise a slush fund, Mr. Lawrence says, these other expendi answer. It is the answer that has come many times for political purposes, or for ·tures are added to the price of coal, and through the ages when human beings rebel ·their own corporate purposes, or for le are passed on to the public. It may be against their lot. Revolution against tyr gitimate work ·of the trade associations that union dues are calculated in the anny gave birth to this Republic. Stated and they are legitimate, and have a right w~ges If in terms of the miners' strike, the answer is which the workers are paid. _that by no other means except a strike that to have a fund-they assess their mem so, I am not criticizing that practice. arouses an d awakens the entire Nation do bers upon the basis of so much a ton. Mr. HICKENLOOPER. Wages are one the miners' union and John L. Lewis get But if the miners say, or if William Green of the factors, and union dues are a part attention for the demands wp.ich they feel should say, or if t.he leader of an unor of wages. I am not criticizing the pay are necessary to the future welfare of the ganized group of workers should say, ment of union dues. workers. "we will not make a contract unless you Mr. PEPPER. They are deducted from ~ It isn't as if the issue were new. It has provide a health fund, which in amount wages, and not added to them. been up frequently. The plight of the min ers didn't arise overnight. Men have gone shall be related to your tonnage," the Mr. HICKENLOOPER. I am not down into the coal pits day after day for Senator from Virginia and other Sena criticizing the payment of union dues. many years in America. They have lived in tors want to make it illeg~l. I see very little distinction between one the darkness of the underground. With The operating managers collect dues by contribution and the other. ' flickering lights in their caps, they have the ton from their members and, by the Mr. PEPPER. Nor am·I criticizing the groped for hours every day to dig out coal. terms of a special law of Congress, they can payment of union dues. I am not ob They have breathed the foul air of the mines. add to the sales price the expenses of their jecting to trade associations assessing They have crawled in dampness and in dust. associations or trade bodies. their members upon a tonnage basis. I And many of them every year are trapped and crushed by a cave-in or by explosions Let me emphasize the Point which Mr. am not objecting to the cost of the funds due not always to improper use of explosives Lawrence makes. Under a special law so raised being passed on to the con but to t he unpredictable movem-ents- of a of Congress-it is permissible for the em sumers. But I am saying it is just aa shaken earth. It is the most hazardous oc ployers to add to the selling price of' coal, right to do the same- thing in providing cupation in the world. Yet what of the fam in other words, to make the consuming for a health fund. That is all I am ilies left behind when accidents come? public pay the expenses of their associ saying. What of the anxiety every day until the ations or trade bodies. Mr. KNOWLAND. Mr. President, will worker returns to his home? the Senator yield? All this the miner endures for a dollar an Are trade -association expenses any hour. In 1941 he worked a 7-hour day and more of a worthy cause than a health Mr. PEPPER. I yield. 5 days a week and made $35 for his family. and welfare fund? Are those corporate Mr. KNOWLAND. Would the distin In wa:rtime he worked 7 days and often as objectives any more sacred than the life guished Senator from Florida ·indicate much as 54 hours a week. He got $63 but he .. of a baby or the health of a mother? where in the Byrd amendment there is worked hard for it. Are they any more deserving of our sup anything which prevents the setting up The miners are tired. They produced in port than the health and welfare of the of a health and welfare fund, provided wartime by long hours the coal for the fac men and women who work not only in the fund is jointly administered? tories that built our armame~t for victory. Their leader says the strike gives them a the mines, but in other industry in Mr. PEPPER. The Byrd amendment needed rest and offers at the same time a America? does allow, now that it has been chance to get a settlement on the matter Mr. HICKENLOOPER. Mr. President, amended at least four different t{mes, of pay as well as a welfare fund. will the Senator yield? the raising of such a fund, and it does Let us ask ourselves a question individu Mr. PEPPER. I yield. permit the use of the fund as a health ally. How many of us would do a miner's and welfare fund, provided the admin work for $35 a week or for 54 hours-at $63? Mr. HICKENLOOPER. I wonder if How many of us would refuse to accept such there is any difference between the al istration of it is not put into the hands of employment at any price unless we were as lowance of expenses to trade or asso the employees. That is correct. · sured that our families would have ade ciation groups and union dues, which Mr. KNOWLAND. Will my distin quate compensation if anything happened are colJected as part of the wages, and guished and able colleague. from Florida to us in the mines? are also a part of the expenses of opera yield for one more question? , The safety laws of many of our States re tion. The expenses of the union mem Mr. PEPPER. But it is hedged around lating to mining inspection are a scandal. with so many restrictions and so many The situation in the awarding of compensa- bers are taken into consideration in fiX tion for injuries is no better. · ing their wages. What does the Senator curbs that it is certainly, iri my opinion, Coal mining has become a national and think about the fact that union dues not only inimical to, but unfair to, the not a State problem. The miners are organ are a part of wages, and undoubtedly a working people. I wish to read what I ized. nationally and so are the owners. The factor when wages are fixed? Therefore, have in mind when I say that. On page. 5336 CONG:RESSIONAL RECORD-SENATE MAY 21 2 of the amendment, here is the per- it will come out of the pockets of the As a matter of fact, the amendment missible ·Way in which the fund may be public because it will come out of the which is now before the Senate, and is employed as a health and welfare fund: price of coal. to be acted upon, I hope, in the not too (3) with respect to money or other thing Mr. KNOWLAND. Mr. President, .distant future, contains nothing which I of value paid to a trust fund established by. will the Senator yield? would do other than protect the best such representative- Mr. PEPPER. And in the second interests of the miners themselves or of In the first place, Mr. President, 1t place, the administration of it is hedged any other employees, so as to be sure cannot be arrived at by collective bar- about with as many restrictions as a that the funds are used for the purposes gaining between the employer and the Phil~delphia lawyer could draw. for which they are purported to be set employees. It must be created as a trust . That is the reason why~ say they are up,. and not used for some other pur fund. I read further- - . discriminating against the working men pose. Mr. PEPPER. Mr. President, let me for the sole and exclusive benefit of the em and women, in favor of management. ployees of such employer, and their families Mr. President, if Senators want to be say, with all due deference to the able and dependents (or of such employees, fam fal.r, let us deal with both of them alike. Senator, that he is simply mistaken. I llies, and dependents jointly with the em If we are· going to put legal restrictions hold in my hand what I believe to be the ployees of other employers mal{ing similar upon the use of the health fund for the first version of the Byrd amendment, payments, and their families and depend employees-a fund which will come out and I shall read it: ents), provided (A) such payments are held of the pockets of the public-let us put SEC. 8. (a) It shall be unlawful for any in trust for the purpose of paying, either the same restrictions around the trade employer to pay or deliver, or to agree to pay from principal or income or both, for the or deliver, any money or other thing of value benefit of employees, their families, and de association funds that also come out of the pockets of the public, by special to any representative of any of his employ pendents, for medical or hospital ·care, pen ees w~o are engaged in coqunerce or in the sions on retirement or death of employees, Federallaw. • production of goods for commerce. compensation for injuries or illness result Mr. KNOWLAND. Mr. President, will (b) It shall be unlawful for any repre ing from occupational activity, or insurance the Senator yield? sentative of any employees who are engaged to provide any of the foregoing, or life in in commerce or in the production of ·goods surance, disability and sickness insurance, Mr. PEPPER. And let us cause those funds to be administered in the same for commerce to demand, receive; or accept, or accident insurance; and (B) the detailed or to agree- to receive or accept, from the basis on which such payments are to be made way. Yet I dare say that a great com employer of such employees any money or is specified in a written agreement with the plaint and a great protest.would be made o_ther thing of value. employer, and employees and employers are on the floor of the Senate by certain equally represented in the administration of Senators who are proposing these re Mr. KNOWLAND. Mr. President, will such fund, such agreement to contain a pro strictive amendments, and they would the Senator yield further? vision that in the event the employer and say we were interfering with private Mr. PEPPER. Yes. But first let me employee groups deadlock on the admin istration of such fund, the two groups shall enterprise and with management. read the two exceptions which would agree on an impartial umpire to decide such Mr: President, I do not want us to keep those prohibitions from being dispute, or in event of their failure to agree interfere unduly with either one. I effective: within a reasonable length of time, an im want us to permit the health fund to be (c) The provisions of this section shall partial umpire to decide such dispute shall, administered in just the same way that not be applicable ( 1) with respect to any on petition of either group, be appointed by we permit the trade association fund to money or other thing of value payable by the District Court of the United States for be administered. Tlile trade association an employer to any representative who is an ' the district where the trust fund has its employee or former employee of such em principal office; and (C) such payments meet fund is administered in the way the ployer, as compensation for, or by reason of, the requirements _for deduction by the em management thinks it can best serve the his services as an employee of such employer. ployer under section 23 (a) or section. 23 industry. By the same token, let the (p) of the Internal Revenue Code. employees administer the health fund ·That means wages. So if the em in the way that they think will best serve ployer paid wages or pays salaries to Then there is provided, as a penalty the health of the employees themselves. the employee, neither the employer nor for the violation of that intricate system Is there anything wrong about that? the employ·ee would be guilty of violat in any respect, a fine of not more than Mr. KNOWLAND. Mr. President- ing the law. $10,000 or imprisonment for not more Mr. PEPPER. Mr. President; are we The other exception reads as follows: than 6 months, or both. Or (2) with respect to any amounts de Mr. KNOWLAND. Mr. President, will approving John L. Lewis; are we approv ing labor dictatorship, because we lay ducted from the compensation of any em the Senator yield to me? ployee and paid to a labor organization by Mr. PEPPER. I ask the Senator to that down as a principle of public policy an employer in payment of dues or other allow me to proceed at this point. which ought to govern every industry in similar fees payable by such employee to Mr. President, that is the way the the land? I do not think so. such labor organization. The PRESIDING OFFICER. Does the health fund is to be administered. Those Mr. President, those were the two ex are the safeguards which we by law Senator from Florida yield to the Sen ator from California? ceptions. So the Byrd amendment, as would try to throw around the admin originally submitted, prohibited any em istration of the health fund . . Yet Mr. Mr. PEPPER. I yield. ployer putting into the hands of any David Lawrence tells us, in his article Mr. KNOWLAND. I should just like person any sum of money or other thing in the United States News, that employ to say to my distinguished colleague of value except, one, as salary or wages, ees do not have anything to say about from Florida tha~. although I am sure or two, as a part of a check-off which the way the trade association uses its it was an oversight on his part in mak had been authorized. money. That is not a joint board. Yet ing his remarks, the impression was cer Mr. KNOWLAND. Mr. President, will the money is raised from the public by tainly given that there was something in the Senator yield? ?. ding to the price of coal. the Byrd amendment which would pre Mr. PEPPER. In just a moment. So what do we have? The employers vent the setting up of health and wel I pointed out on the first day of the levy a tax on one another according to fare funds. debate that if an employer were to give the tonnage of coal they mine. By law As a matter of fact, from the very a check to an employee to take home to which came out of the Senate Finance time when the Byrd amendment was a sick family, for example, he would Committee, they can pass it on to the submitted there was nothing in it which violate the language of this amendment. public and make the public pay it, and would prevent the setting up of health Mr. KNOWLAND. Mr. President, will the employers use it for whatever pur and welfare funds to take care of all the the Senator yield? pose they wish to use it, without any things which my able colleague from the Mr. PEPPER. Not until I complete legal safeguards or restrictiol).s. State of Florida has mentioned, and my statement.· Mr. KNOWLAND. Mr. President, which are highly desirable. There is The Senator from Montana [Mr. will the Senator yield? nothing in the Byrd amendment which WHEELER] pointed out that he could not Mr. PEPPER. Yet when we ·propose would prevent the setting up of that type give a huQdred-dollar contribution to a a health fund for the benefit of the em of fund, through either a trust or a non group of employees who were collecting ployees, first it is said that it must be profit corporation or anything ·else, pro money for a picnic, or who were organiz administered by management and labor vided it was jointly administered, and ing a baseball team. The Senator from jointly, in spite of the fact that we know not solely administered by the union. Montana also pointed out · that a rail- 1946 CONGRESSIONAL-RECORD-SENArE ( : road .company could not. give a pass to of paying-, either from' principal or in tributed to by the workers·, the employers, . one of its regular employees without vio- come, or both," for medical and other and the public, depending on how we Jating the prohibition. That brought up benefits. The amendment then proceeds might argue the economics of the situa .the question of the health fund, and the to provide that there must be equal rep tion, I was ·wondering if ·it would be pos Senator from Florida is the one who resentation of management in ·the ad sible to agree on the administration of brought it up. On several separate oc- ministration of the fund. So I say, Mr. the fund by the workers, by-the oper casions the Senator from Virginia greatly President, that is the discrimination ators, and by the public. In that connec modified his amendment until finally the which I have tried to make clear in my tion, so that I may not be misunderstood, · amendment now does not prohibit the remarks. I do not suggest establishing' another payment of money into the fund, or the Mr. KNOWLAND. Mr. President, will Washington bureau, but merely that the raising of it, but it does lay down a great the Senator yield? workers and employers agree together on mass of restfictions-- Mr~ PEPPER. I yield. who shall be the third party to partici . Mr. BYRD. Mr. President, will the Mr. KNOWLAND. As the late Gov- pate in the administration of the fund. Senator yield? ernor of New York, Han. Alfred Smith, Mr. PEPPER. Mr. President; I wish to Mr. PEPPER. Not until I complete once said, "I just want to keep the rec- see a fair method provided for the ad- my statement. ord straight." . ministration of the fund. But my whole As I was saying, Mr. President, the I :feel sure that the impression is being complaint is that it is wrong for the Con Senator from Virginia has so modified created by the Senator from Florida that gress to try by statute to lay down the · his amendment that now it lays down there was something in either the modi detailed method by which the fund shall .a great mass of restrictions ·which I ·fied Byrd amendment, or the amend be administered. It is a proper subject have already read, setting forth in de- ment as submitted· in its original form, of collective bargaining. I .believe in the tail how the fund shall be administered, · which would prevent the setting up of a freedom that both management and and depriving employees of the right to health and welfare fund. I merely want labor would enjoy in trying to work out administer it themselves without equal to make it clear that from the time the a mutually agreeable plan. cooperation and authority on the part of amendment . was submitted there was Mr. TYDINGS. That is a fair point of management. · nothing in it which would prevent set- view. · Let me say to the Senator, how Mr. President, as I said when I quoted ting up a health and welfare fund by ever, that when the miners are repre the David Lawrence editorial in the the joint action of the employers and sented, when the operators are repre United States News, the amendment ap- employees. What the amendment pro sented, and when the public is repre plies to labor and the employers a stand- hibited was the setting up of a fund to sented, the odds are very high, indeed, ard of law which is not applied to the be under the exclusive control of the that the major objective, which is the various trade. associatiqns. . union. proper administration of the fund, will Mr. KNOWLAND. Mr. President, will Mr. P~PPE~. No, Mr. President, that ·be attained. I do not disagree with the the Senator yield? · · is not entirely true. I do not wish to Senator that the discriminations men- Mr. PEPPER. In just a moment. argue with the Senator. He ·may have . tioned can be argued against very per I ha-xe said that the Senator from Vir- his own opinion. I read the amend suasively and with a great deal of con ginia was not imposing any requirement ment, and I believe that it completely viction. Instead of _imposing re~trictions of law that the employ~s must have a prohibited the payment of a sum of on the administration of the fund, I am voice, or that they shall be entitled to a money or other thing of value to a repre trying to insure that everyone who .voice, or that any court has any right to sentative of the employees, the hospital should be represented will have a voice, intervene, or that any public arbitrator board representative, or other represent so that the funds will be fairly admin- has any authority to act in the manner in ative, and that it excused only two kinds istered. · which a trade-association fund is han- of receipts of money from employers. In that connection, if we could remove ·dled, notwithstanding the fact that it is One was a wage or salary, and the other the restrictions on the method of raising raised by-the ·Senator from Virginia was a check-off. It w'as only after we the money-which, · in my opinion, "1s would call it -a tax. I believe that he called attention to the fact that a health rather laboring the mule to death, be or ·one of the other Senators called it a fund would be impossible that the Sen cause that is not what is in issue here, tax. Whether it is to be called a tax or ator from Virginia subsequently modified as the public is going to pay for it-we not, it is a fund raised by management ' his amendment to provide that those might bring all these divergent groups in relation to the tonnage of coal which funds are lawful, but he prohibited the into position without anyone ·surrender is mined, and, by virtue of a law of Con- funds being administered entirely by the ing any fundamental principle in the gress, management is authorized to pass employees, and he provided further that process. on the expense to the consuming public. management must have equality of Mr. PEPPER. I thank the able Sen SJ management raises a sum of money representation in the administration of per ton of coal mined, collects it from the fund. ator, and I recognize his desire to see a the public pocket, and then uses it as it Mr. TYDINGS. Mr. President, will fair administration of the health funds, should be used, without any curb of law. the Senator yield? since they will be more numerous, no Yet I cannot but construe the amend- doubt, as the years pass. ment of the able Senator from Virginia Mr. PEPPER. I yield. What the Senator from Florida wishes to provide that while one may raise a Mr. TYDINGS. A recent reading of to emphasize is that he does not think health fund by imposing a tax on each the Byrd amendment· in its last {orm experience has shown that at the present ton of coal, or on the gross pay roll, leads me to the conclusion that it does time we need to step into this field. I do nevertheless, he may not bargain collec- not prevent the setting up of a welfare not think of any abuses which have been tively as to how that fund shall be "ad- fund. Does the Senator find himself in brought to my attention which show the ministered. It would be unlawful for it accord with that statement? necessity of Congress interfering with the to be administered by the employees Mr. PEPPER. Yes. right of management and labor to bar without equal representation on tl'fe part Mr. TYDINGS. However, the Byrd gain freely and collectively in this field. of management, in spite of the fact that amendment does provide how the fund I feel-and the Senator from Virginia _we all know that the money would come is to be administered. It places certain can complain about my impression if he out of the pockets of the public. So I limitations upon the raising of the fund, :wishes to dispute what I say-that the ~m pointing out that the Byrd amend: and how the fund is to be administered amendment was primarily aimed at the ment permits the raising of the fund, but after it is raised. Does the · Senator fact that John .L. Lewis made, as a con I read to the Senate a few minutes ago agree:with that statement? dition to the reexecution of his contract, the restrictions which are to be placed Mr. PEPPER. The Senator is correct. the demand that the management agree , around it. The amendment states, in Mr. TYDINGS. Therefore, what we in principle to a health and welfare fund, part, "with respect to money or. other have in this amendment is a difference as and related it to the number of tons of thing of value paid to a trust fund estab- to the method of raising the fund, a dif coal mined, so much a ton. I believe the lished by such represeJJ.tative, for the sole terence as to the administration of the figure 10 cents a ton was mentioned. and exclusive benefit of the employees,'' fund after it is raised. If the restrictions I say that we should not legislate in . and so on. It states further, "Such pay- were taken off, the method of raising the that way. We have not had any hearings ments are held in trust for the purpose .fund which. in effect, would be con- before any committee of the Congress.-so 5338 CONGRESSIONAL RECORD-SENATE MAY 21 far as I know, which show that the plans amended again and again and again It seems to me the main point is that which are now in operation have worked since we have been discussing it in the there should be a definition, and the out unfairly, that there has been ·an last few ,days, it still does not have any definition contained in section 3 (a) is abuse of administration when manage reservations providing that the plans al broad enough to cover every existing fund ment has administered the fund or wh(m ready in existence, arrived at by collec and would justify the setting up by the labor has- administered it, or when pri tive bargaining, by which over 200,000 coal miners of a more extensive fund, if vate insurance companies have admin people are now affected, m,ay continue to they wished, than that set up under the istered the plans. operate and be administered by the existing plan described in the amend Labor~ feeling that way about it, is go employees themselves without the man ment. ing to feel that what is proposed -would agement having any voice in the repre Mr. PEPPER. But I think the able be an unfair interference with their free sentation. It- would make illegal, it Senator from Ohio will agree that we dom of collective bargaining. I empha would outlaw, the plans under which have had no hearing on this subject in size again that it is going to be like many some 200,000 workers'today are receiving the Congress, no committee has made a of these . other amendments, it is going health and welfare care from' a pay-roll study of the subject, and the whole thing to embitter labor more than they are tax, under a plan arrived at by collective was provoked by the understanding in the . embittered at the present time, it·is going bargaining . Congress that John L. Lewis had made a to cause more strikes instead pf less, it Mr. TAFT. Mr. President, will the health fund, administered by the union, a· is going to create more animosity than Senator from Florida yield? condition precedent to entering into a there is today, it is going to produce in Mr. PEPPER. I yield. new COJ?.tract with the coal operators. dustria! disharmony rather than indus Mr. TAFT. I wish to call attention to Mr. TAFT. I think it is fafr to say trial peace in the economy and the po the fact that under the Byrd amend that is so. Yet this question has arisen litical and social life of this country. ment no contract' is voidable. This pro when the bill is on the floor of the Senate, Mr. MAGNUSON. Mr. President, will vision appears ·on page 5: , and I at least have tried to make as com the Senator yield? This section shall not apply to any contract plete a study of it as possible, and I think Mr. PEPPER. I yield. in for.ce on May 15, 1946, during the life of many other Senators have done so. · Mr. MAGNUSON. Of course, the such contract. Whether we shall permit ·a fund of Senator shows the futility of trying to ·$70,000,000, or whatever it may be, but in handle this matter by legislation, and I It would require a readjustment of the any event a tremendous sum, to be paid wish the Senator would also point out administration at the end of the particu over by the employer to a union, without that health and welfare funds today in lar collective bargaining contract. strings, raises a great many questions and this country are in process of negotiation I may say, further, that I think every is a matter which I think requires to be between many companies and employees. fund that is mentioned in the particular dealt with. It is.different from anything There are volunt_ary contracts in exist pamphlet referred to by the distinguished we have had before. ence. If adopted, the pending amend Senator from Florida is .authorized by In the first place, what about the tax ment, even in its revised form, would ab the amendment, as changed, with the situation? Can an employer pay money solutely void all those agreements which exception of the single question of the into the air on which no one is ev~r going have been arrived at in harmony between administration of the fund. -There are to pay any tax? That question has not the employee and the employer with re some of the funds-not many, but some be.en considered. I may say there are spect to the administration run1 We have a very detailed knowledge do, which is contrary to the kind of of the Surgeon General or of the Fed of these different funds, and I feel quite legislation I believe to be wise. So we. eral Security Agency, I should not object confident that the language of the propose to outline in the amendment it to that at all. They would give some amendment is broad enough to cover self the substantial basis on which the public scrutiny of the plan, and would see every fund in existence. After some con plan must be worked out. to it that the amount was riot excessive, tracts expire there may have to be ad Mr. AIKEN. Mr. President, will the that the facilities were appropriate, that justments made in the matter of the Senator again yield to me? the administration was adequate and re administration of the fund. · Mr. PEPPER. I yield to the Senator sponsible. I can understand that kind Mr. AIKEN. Mr. President, will the from Vermont. of legislation. But that is not this , Senator from Florida yield? Mr. AIKEN. I think we all agree on amendment. That is not the spirit in · Mr. PEPPER. I yield. the advisability of encouraging em which this amendment is drafted. That Mr. AIKEN. It seems to me that while ployers and employees to set up hospital is not the purpose of it. The purpose is there is considerable merit in the argu and health funds and work together in to keep the employees from administer ment of the Senator from Ohio, never the administering of such funds, and it ing the fund. Not to see to it that they theless we should not consider this legis seems to me that, having agreed on that, account to somebody, either to their lation in terms of dealing with a $70,- it is a simple matter to get together and members or to a public official; not to see 000,000 fund or any fund anywhere near work out some plan that is fair to all, to it that they do not squander the fund. that size. We should have to be very instead of spending a great deal of time l'he thing is that management must be careful in our consideration. in arguing on the extremes of the ques given the same voice in the administra Mr. TAFT. It is a 7 percent pay-roll tion. I believe that if we can agree on tion of the fund, although it is for the fund, and no other such fund, so far as I working out the matter of health and benefit of the workers themselves. know, exceeds 2 or 3 percent. welfare funds we could also get together Mr. TAFT. Mr. President, will the Mr. AIKEN. Yes. Here we have a and iron out a great many of the other Senator yield? $70,000,000 or 7-percent fund in mind in problems which come up between em Mr. PEPPER. I yield. considering the amendment. Whereas ployers and employees much better than Mr. TAFT. I want to point out a way most of the funds are more likely to run we have been able to up to this time. by which the workers, if they wish to $100,000 than they are to $70,000,000. Mr. PEPPER. I thank the able Sen have complete control of the fund, may The amendment provides that the em ator very much. I want to call atten obtain it. They may do it this way: ployers and employees shall be equally tion to the fact that even the mine op Instead of the coal miners demanding represented in the administration of the erators say that the provision of this that this fund be paid in to the union by fund, but I can easily conceive of in health and welfare fund is a matter of the employers, they might say to the stances where one side or the other would public. concern. They say: operators, "Add 7 percent to the pay roll not be particularly concerned with the It is a matter of public concern and is of every man, and agree to check off 7 fund so long as they considered it to be therefore a problem that should be considered percent into a fund." Under those cir in honest hands. So I wonder if provi not by this wage conference but by public cumstances a fund could be set up of sion could not be made whereby either legislative bodies and then only after a com . which the employees would have com ·party could waive its right to equal rep plete and thorough investigation by such ·plete charge. There is nothing in this resentation if it did not want to be both legislative bodies of all the problems involved. ·amendment which would in any way pro ered with it. There are instances of an It is said in the statement by the em hibit such a fund. Of course, what, industry being owned by only one per ployers,· "This proposal presznts to the would happen is that the employees son, and while of course that person could conference a new social theory." Yet we would have to pay an income·tax on the delegate his representation, if he were on are expected to write legislation here on additional 7 percent and they would 5340 CONGRESSIONAL RE.CORD~SENATE MAY 21 know that the union was taking 7 per"! and assist in defeating it. I do not be · Mr. I:.awrence continues: cent of their pay away from them; there-· lieve that the Senator from Virginia They can fix prices in peacetime without fore, the union leaders do not want it,. would propose i.t. This amendment is running up against the Sherman antitrust because they know that most men would aimed at one thing, namely, bypassing law." 'rhey have certain immunities granted rather have the 7 percent in their own the employees by paying money directly to no other industry. pockets than pay it to a union for a to their representative, who is supposed Whatever these expenses, the owners may welfare fund of any kind. It would be a to be bargaining for them. I believe that add them all to their prices. tremendous payment. But any union such a system presents the possibility of I am not going to emphasize that they which wishes to have complete charge of great abuse. may also add all their traveling expenses, the fund could, through the check-off. Mr. PEPPER. The abuse. can be ade-. their hotel expenses, and their advertis system under this bill, by adding that quately cured by requiring that such ing expenses. They may also add into amount to the pay roll, set up a welfare funds be uhder the supervision and their expense accounts·, as many cor fund and have it administered by the scrutiny of some public official, either porate executives do, a sum of money used union itself. State or Feder.al. Then adequate safe for pplitical purposes. Everyone knows Mr. PEPPER. I wish to invite the at guards by such supervisory administra that it is a subterfuge for corporations to tention of the able Senator from Ohio tion can be thrown around the use of. get around the law prohibiting them from to subclause (2) on page 2, which defines ·the money. We do not have to deprive contributing to political campaigns, to the check-off. That is limited to the the workers of the right of collective bar- take the money in driblets out of the ex payment of dues to the labor organiza . gaining to provide a health fund to be pense accounts of many of the corporate tion; and I do not think that we could administered by the representatives of executives. That, too, is permitted under bring a health or welfare fund under the the workers. We do not have to deprive the existing law, and no one is trying to head of payment of dues to a labor or them of the right they now have. We do· deprive them of that privilege. Those ex ganization. not have to invalidate all the contracts penses are added to the price of the Mr. TAFT. The Senator has omitted which 200,000 workers now have, and commodity and passed on to the public. the words "or other membership fees." which were arrived at by collective bar They are also deducted ftom income The unions could easily levy membership gaining, under which they administer taxes, and taken away from the United fees, requiring every member to pay 7 their own health and welfare funds. We states Treasury. Yet, Mr. President, we percent to the union. So I think the do not have to do that in order to legis are not complaining about that. But we term "dues or other membership fees" is late upon this subject today. are saying that there ought to be justice broad enough to cover such a payment. Mr. President, a few minutes ago I was in the way we deal with management and Mr. PEPPER. I am afraid I cannot reading from an editorial in the United with labor, and that justice is not the agree with the Senator, in view of the states News. I had pointed out that the spirit of the amendments which are pend fact that in the following numbered editorial ~mphasizes the fact that- ing at the present time, as against labor. clause there is set -out an elabor41te pro . The operating managers collect dues by Mr. Lawrence continues: cedure to deal with the subject of health the ton · from their members and, by the and welfare funds. Certain restraints They, for the most part, are not conduct terms of a special law of Congress, they can ing their businesses at a loss. They are get and restrictions are laid down. I do not add to the sales price the expenses of their ting in most instances a "fair return." The associations or trade bodies. They can fix believe that the Senator could find a public pays the bill, and th~ public must court which would construe "other mem prices in peacetime without running up insist on . a fair return to the miners, 1too. bership fees," when used as an alterna against the Sherman anti-trust law. They It is unfortunate that it takes a strilfe to have certain immunities granted to no other bring out the issues. tive to dues, to be broad enough in scope industry. to cover th_e kind of health and welfare A FIGHT FOR A WELFARE FUND fund about which we are speaking. Mr. Lawrence says that we have also Nationalization of the mines would be a Mr. TAFT. The amendment does not enacted a law permitting them to fix confession of defeat on every side. The prohibit anything except payments di-: prices, which other industries cannot do. answer to every difficult problem is not to rectly by the employer to the union, by Is anyone proposing to repeal that per turn it over to the State. The Government passing the employee. That is all that mission? .Mr. Lewis is not demanding must continue, of course, the intervention it is prohibited ,by the amendment. The that such provision be taken out of the has already begun in the coal industry, but limitation on welfare funds applies only. law. None of us on this side are com it must see to it, by a system of regulation, that the miners and the owners do not dam to welfare funds created in that way. It plaining about that. Nor are we com age the interests of the public. is in no way a limitation on welfare funds plaining about the fact that they can It was argued by t~e operating managers set up by the employees themselves, and levy what is in substance a tax. I do that John Lewis had not been willing for paid for by the employees themselves, not think it is a tax, and I do not think it weeks even to discuss wages and hours until either through the check-off or other should be called a tax, but that is what the welfare fund was disposed of. wise. the other side has been calling this kind Mr. PEPPER. If we are contemplat• ·-of a health levy. They can levy this kind I wish the Senator from Illinois [Mr. ing that all the money should be put up of an imposition upon their members, LucAs] were present, because he has ex by the employees themselves, I suppose and can pass it on to the public, and pressed an interest in this subject. that, even under the Byrd amendment, spend it as they please, without anyone, The impression was broadcast that Lewis the workers could still do what they public or otherwise, having. anything to wanted a fund which he or the union could wished to do with their own money. alone administer. Lewis took the position say about how they spend it, without the 'that he wouldn't discuss administration of Mr. TAFT. If we are to demand 7 employees who help to mine the coal the fund at all or · anything else about it percent from the employer, we can de having anything to say about how they until the "principle" of the fund was ac mand it from the employees as well. So use it for corporate purposes. No one is cepted by- the operators. This is not a de it would not cost the employees any more proposing that they be denied that right. siderable use of the collective-bargaining than it costs today, except for the in Yet somehow or other it is desired to do process, because all issues should be discussed come tax on the 7 percent. .something against labor; and conse from the outset. Yet it does indicate the Mr. PEPPER. The Senator from Flor quently we are told that it must be made extreme to which Lewis felt he had to go in ida may subject himself to another illegal for labor to administer a health order to get recognition of the principle. charge by the able Senator from Virginia fund. We are told that management COAL BELONGS TO THE PEOPLE of being some odious animal if he says it; must have half of the administrative Some solution whereby the Government but I will say that it is the opinion of the authority, and that there ·must be a administ ers the fund in an advisory capacity, Senator from Florida that, if the 'workers labyrinth of rules, regulations, and re together with operator and union represent- _ did make such a demand, the next time quirements as to how the fund shall be atives-as is done under the Railroad Retire ment Ac~ould be worked out. the Senate met the Senator from Vir employed. Management would have the Aimost everybody concedes that safety ginia or some other Senator .would pro right every year, when these agreements measures and an accident ::ompensation plan pose to make it illegal. were made, by disagreeing with the em are essential. It should not be difficult to Mr. TAFT. I would be opposed to mak ployees, to alter the whole fund, because reach a settlement provided the mine owners ing such a thing· illegal, and I would be there would be no effective authority for do not come to think that Government very glad to vote against such a proposal its administration. seizure wins a strike. ' 1946 CONGRESSIONAL RECORD--SENATE 5341 '
The President has been reluctant 'to seize. the average American citizen would refuse to , FEDERAL MINE . INSPECTION RESOLUTION the mines because of a belief that this might tolerate for one minute? Who is responsible (March 30, 1946) not persuade the miners to go back to work. for the ·shutdown, the people who demand He has known for some time that when the they be allowed to live like human beings :'Both operators and miners agree that the mines were seized, he would have to assure or the people who demand they continue to . recommendations of the inspectors of the the workers somehow tl_lat the principle they live in filth and unsafe and unsanitary con Bureau of Mines under the Federal Mine were asking for would be recognized. The ditions? Inspection Act as to safety conditions and practices be accepted and put into effect Government had to propose a plan that The coal operators have told the Congress would appeal to the miners as a possible so within a reasonable time after being so made, that the mine workers refuse to bargain. with right of appeal and review by either lution. For when they go back to work in Here are the resolutions introduced by the seized mines, their leverage, of course, is party of any .major controversial recom miners in the joint conference and rejected mendation to the Director of the United gone. Their trust must be in the go.od faith · by the coal operators. How unreasonable do of a Government which asked them to go they look to you? States Bureau of Mines." oack to work without a contract. The 2- The operators rejected this resolution. week truce merely postpones but does not Here is a resolution .which was pro se~tle the issue. posed, he says, on March 27, 1946: The coal underground is needed by the SAFETY COMMITI'EE RESOLUTION American people. It belongs to them as · "Resolved, That in the event no wage agree (April 1, 1946) much as it does to any group of owners. ment has been negotiated before the date of· "At each mine there shall be a safety com Property. rights are sacred only when those expiration of the existing agreement that the mittee. This committee shall be selected who hold them do not exploit or unduly bur joint conference authorize the continuance by tlie local union. Its membership shall den their fellow men. of work by all necessary maintenance men: consist of a maximum of three mine work With ownership, as well as with labor, Provided, That such men shall be paid the ers on each coal-proq.ucing shift who shall there must be a sense of responsibility. With present wage for their' services in their re have no less than 5 years' experience. No Government there must be a sense of fair spective. classifications, plus any increase or member of the mine committee shall be a ness, and always there must be good faith. adjustment that may come in the working member of the safety committee. The Government must act in behalf of the out of the base agreement which shall be "The safety committee shall have the right people and with justice and equity to all. retroactive as affecting these men as of April to inspect any mine development, or equfp 1, 1946. Execution of this policy is the re ment, used in producing coal, for the pur I submit that that is a very fine state sponsibility of the representatives of the pose of observing its safe or unsafe condi ment of the attitude in which this sub operators and representatives of the United tions, in accordance with law or sound min ject should be approached; but, I ask, is Mine Workers of America in their respective ing practices; when such questions are the subject approached in spirit by these • districts." brought to its attention or when, in the restrictive amendments? Resolution adopted by the conference. judgment of the members of the safety com I wish to read a statement which was There was also a sanitation resolution, mittee, such inspection is necessary. Such sent here by Mr. Lewis. It came to me a Federal mine inspection resolution, a committee members while engaged in the performance of their duties shall be deemed through the chairman of the committee. safety committee resolution, another. to be acti:Qg within the scope of their em Mr. Lewis vouches for the accuracy of sanitation resolution, a wash-house resQ ployment as .employees of the. op!'lrators, it. I give his authority for what it may lution, an explosives resolution, a house within the meaning of the workmen's com be worth. This is at least a part of his le~se resolution, a discount resolution, a pensation laws of the State where such statement: house-coal 'resolution, and a workmen's duties are so performed. If the committee The United Mine Workers of America have compensation resolution. believes conditions found endanger the life stated to the coal operators that all thcir Mr. President, I ask unanimous con and bodies of the mine workers, it shall re demands for health, welfare, and safety are sent that these resolutions may be port. its findings to management and when negotiable. · any immediate danger threatens, the com printed in full at this point in the mittee shall have authority to remove all The coal operators state they will not RECORD, as a part of my remarks. negotiate upon health, welfare, and safety mine workers from the unsafe area. and condemn the miners· for their refusal to ··There being no objection, the resolu "Each safety committee shall keep a rec negotiate wages and hours. To the miners, tions were ordered to be be printed in the ord of all inspections, findings, and recom health, safety, and welfare come first .. Too RECORD, as follows: mendations." The operators rejected this resolution. many years have been wasted, too long have MAINTENANCE RESOLUTION we waited now. What good are wages and (March 27, 1946) hours to people living in filthy, unsanitary SANITATION RESOLUTION "Resolved, That in the event no wage conditions where the doctor's bill takes the (April 9, 1946) best part of the wage? What are wages and agreement has been negotiated before the hours to the thousands of crippled mine date of expiration of the existing agreement "On or before Thanksgiving Day, 1946, all workers, widows, and orphans living upon that the joint conference authorizes the operators signatory hereto shall, at their charity because the coal operators have ex continuance of work by aU necessary main own cost and expense, install in all company ~ tracted the last ounce of their earning capac tenance men: Provided, that such men shall or rented domiciles adequate systems of run ity and thrown them aside as usP.less? be paid the present wage for their services ning water, bath facilities,__and garbage col- The coal operators have gone to Congress in .their respective classifications, plus any . lection, and sewage disposal systems. Failure and Congressmen on the fioor of the House 1r1crease or adjustment that may come in of any operator to so install such facil'ities have responded to their wishes by proclaim the working out ~f the base agreement which and systems within the time designated shall ing the Mine Workers' leaders as dictators shall be retroactive as affecting these men as be deemed a violatiQn of this agreement." and responsible entirely for the workers be-· of April 1, 1946. Execution of this policy is The operators rejected this resolution. ing off the job. What man in Congress can the responsibility of the representatives of force one or four or five persons to give up the operators and representatives of the United Mine Workers of America in their WASH-HOUSE RESOLuTION their means of livelihood at a given word? (April 9, 1946) None probably, and neither can the leaders respective districts." of the miners force one man to quit his job, Resolution adopted by the conference. "Operators signatories to this agreement starve his family and place himself at the shall provide and keep in repair a wash house, mercy of his employer, who is his landlord,· convenient to the principals, main entrance, SANITATION RESOLUTION adequate for the accommodations of the em his storekeeper, his doctor, druggist, lord (March 29, 1946) and master in the isolated coal camps of ployees for washing and changing their America. The ·400,000 miners who walked off "It shall be a violation of contract for any clothes, when entering and returning from the job on April 1 did so because the coal operator to permit contamination of. drink the mine. operators of America refused to 'sign a con ing water used by occupants of company "Such wash houses shall be properly lighted · tract embodying the demands made by their houses or rented domiciles, through drain- . and heated, supplied with warm an,d cold representatives in convention and . adopted age· from urinals, closets, privies, or stables. water, and adequate and proper facilities for by the men themselves in their local union Urinals or privies shall not be nailed or washing purposes without charge." · meetings. Their elected policy committee attached to the exteriors of company houses. The operators rejected· this resolution. in Washington has ordered the officials to All privies shall be located distant from oc cupied domiciles and shall be so constructed stand firm in their demands that health, EXPLOSIVES RESOLUTION welfare, and safety come first. that privacy will be insured, and the eyes of' Members of Congress.have demanded that passersby and tenants will not be offended. (April 9, 1946) the coal miners return· to work at once ·re The operator shall be responsible for· the "All explosives, powder bags, cables, deto gardless of contract. They say the miners. removal of night soil and the sanitation of nators, batteries, fuses, and other accessories are endangering the health and welfare of all tnhabitated areas owned by the mining . used in blasting, hats, caps, goggles,· special the Nation. What of the health and welfare C(_Ompany." shoes, and rubber boots, tools, and all other of the miners who live under conditions that The operators reJected this resolution. safety equipment shall be union made and' XCII--337 5342 CONGRESSIONAL RECORD-SENATE MAY ·21 furnished by the employer-s without charge Langer O'Mahoney Thomas, Utah impos'ed upon management? If we do, to the mine workers." Lucas Overton Tobey we will vote for the Byrd amendment, The operators rejected ~his resolution. McCarran Pepper Tunnell McClellan Radcliffe Tydings which penalizes labor and does not affect McFarland Reed Vandenberg any of the immunities which manage HOUSE-LEASE RESOLUTION McMahon Revercomb Wagner Magnuson Robertson Walsh ment enjoys in connection with the op (April 9, 1946) Mead Russell Wheeler eration of coal mines. "Notwithstanding the provisions of any Millikin Saltonstall Wherry Mr. President, do we want to assume house-lease agreement, either written or oral, Mitchell Smith White Moore Stanfill Wiley an unsympathetic attitude toward per whether now existent or hereafter effectuated, Morse Stewart Wilson sons who live in privy-contaminated between any operators signatory hereto and Murdock Taft Young hovels? Do we want to tell those per individual mine workers, the operators agree Murray Taylor sons that they may not better their con (1) that the relationship thereby created.is Myers Thomas, Okla. that of landlord and tenant and shall be so ditions by effective ·collective bargain construed in any dispute arising therefrom, . The ACTING PRESIDENT pro tem ipg? Do we want to impinge upon their and (2) that the rights of the parties thereto pore. Eighty-two Senators having . an civil rights as citizens? Do we want to shall be governed by the laws relating to swered to their names, a quorum is return them to the status of slaves and landlord and tenant in the State in which present. serfs? Do all of us-the Senator from the leased rental property is situated, and Mr. PEPPER. Mr. President, if I may Virginia, the Senator from Florida, and no person shan be evicted from the house he have the attention of Senators for just other Senators-wish to continue fiving occupies upon less than 30 days' written no a few minutes, I wish to conclude my If tice served upon him in the same way that in our fine houses? he wishes to do other legal process is served." remarks. ~ so, the Senator from Virginia may call The operators rejected this resolution. I desire to correct a statement I made me a skunk for asking the question. a few minutes ago when I said that the Do we wish to live in luxury, am.uence, data from which I read came from Mr. wealth, comfort, and indulgence, and at DISCOUNT RESOLUTION Lewis. I am informed that the resolu the same time denounce, condemn, and (April 9, 1946) tions to which I referred are the official damn the men and women of this coun "All employees shall have a discount of resolutions which were considered by the try who are trying to fight their way · 10 percent on all goods purchased at com coal conference, and that what I read out of the conditions under which they pany stores. With. respect to ~ork clothing and equipment used in the mines the dis was a copy of the secretary's notes and are now required to live? count shall be 20 percent." minutes. , Mr. President, we are making history The operators rejected this resolution. Again _! say I am not here to defend in the Senate and we are writing a rec John L. Lewis; but the other day a Sen ord. I remind Senators of the poet of the East, Omar Khayyam, who said: HOUSE-COAL RESOLUTION ator expressed the opinion that Mr. The Moving Finger writes; and having writ, (April 9, 1946) Lewis has refused to discuss anything until the health fund is provided. I Moves on; nor all your Piety nor Wit "All coal for home usage purchased by hold in my hand what, according to the Shall lure it back to cancel half a Line, employees o{ signatory coal companies shall Nor all your Tears wash out a Word of it. be sold at actual cost of production." official records of the conference, are The operators rejected this resolution. 11 resolutions which were submitted to I do not mean to do other than to re the conference by the min9 employees mind Senators that we are writing our or by the miners' representatives. I b~:.. political records. We are telling the WORKMEN'S COMPENSATION li.ESOLUTION lieve that one of the resolutions was people where we stand. Working men (April 10, 1946) adopted. · The others were rejected, but and women are being battled against "Each operator agrees, at its own expense, I referred to them in order to show that today, and they are calling their friends to provide its employees with the protection the representatives .were not merely sit to their support. Those who betray and coverage of the benefits 1•.mder work plen's compensation and occupa-tional dis ting adamantly, reading newspapers, them now will be remembered. ease laws, whether compulsory or elective, and refusing to take part in any discus Mr. HATCH. Mr. President, will the existing in the States in which the respective sions whatever, but, on the contrary, they Senator yield? employees are employed. Failure of any offered various resolutions, 1 of which Mr. PEPPER. Mr. President, I will operator to perform this obligatign shall be was adopted and 10 of which were re withdraw the word "betray" if the Sen deemed a deliberate violation of this sec jected by the conference. In his state ator from New Mexico wishes me to do so. tion of the agreement and such failure may ment, Mr. Lewis said that he had at all Mr. HATCH. Mr. President, I was be handled at the discretion of the mine times been ready to negotiate with man merely wondering if the Senator was workers. St9ppage of work by the mine agement the matter of a health fund. workers, due to an operator's failure to pro making anything in the nature of a vide this protection and coverage, shall not I referred to that matter because, .as I threat to other Senators. be deemed an illegal suspension of work.'' have already said, the amendment was Mr. PEPPER. No, no, Mr. President. The operators rejected this resolution. addressed primarily to the coal strike. I do not want to have any controversy Mr. President, our substitute amend with anyone. I merely wish to state my Mr. PEPPER. Mr. President, I desire ment would declare it to be the policy of own views. If I used the word "betray'' to conclude my remallks; but before I do Congress to encourage and facilitate in an incorrect manner, I withdraw it. so, inasmuch as the lunch hour is .over health and welfare plans in the indus I assert, Mr. President, that the work and Senators could come back to the trial enterprises of this country. · It ing men and women of America are floor, I shall ask that a quorum call be would recognize the free American prin fighting witH their backs to the wall, be had, and then I s};lall desire to finish my ciple of freedom of action on the part cause there is a crusade in this country remarks in a few minutes. of management and labor in arriving at to strangle them economically and to Mr. President, I suggest the absence a plan satisfactory to them both. The make them impotent. There is now of a quorum. Byrd amendment would deny such rights pending in the Senate proposed legisla . The ACTING PRESIDENT pro tem and privileges. tt would limit the free tion which recently came from the other pore. The clerk will call the roll. dom of action which the workers would House, and there will be proposed other The Chief Clerk called the roll, and ~ have- in· working out a plan. Our legislation which, if enacted, would the following Senators answered to their amendment would be in the interest of emasculate the bargaining capacity of names: more health care for the persons who the laboring men and women of this Aiken Capper Hart work in this country, and I believe the country. Those who do not stand by Austin Con1;1ally Hatch Byrd amendment would be in the inter Ball Cordon Hawkes them now will be forsaking them in their Bankhead Donnell Hayden est of reducing such health care. hour of darkness. Those men and Barkley DoV\;ney' Hickenlooper So, Mr. President, the Senate is faced women will remember us, . because they Hill . Brewster Eastland with · the necessity of making a choice. keep a record. ~ Bridges Ellender Hoey Briggs Ferguson Huffman Oo we want to help persons or keep them Mr. President, I have already said that Brooks Fulbright Johnson, Colo. down? Do we want to discriminate I believe the Smith-Connally bill was a Buck George . Johnston, S. C. against them, or deal with them without mistake. ' Bushfield Gerry Kilgore " Byrd Green Knowland discrimination? Do we want to impose ~ Mr. HATCH. Mr. President, will the Capehart Gurney La Follette restrictions upon labor which are not' Senator yield? 1946 CONGRESSIONAL· RECORD-SENATE 5343 Mr. PEPPER. I yield. more harm to the public interest than endure. Labor has an equal stake in this Mr. HATCH. I do not wish to engage they will do good. problem with every other interest. It has as in a controversy with the Senator. I I appeal, Mr. President, for the adop much to lose 1f our democracy is smashed up by blind greed. We face a peril to all which merely say that, as I have interpreted his tion of the substitute amendment. demands action-not political action, not a remarks, he has made a direct threat, Mr. McCLELLAN. Mr. President, in legislative club to use on anybody, but wise, not an implied one but a direct threat, to line . with the issue· which is under dis cool-headed, fair-minded statesmanship. every Member of this body. Personally cussion in the Senate, and which has I do not react to threats. be.en discussed for several days, and to [From the Arkansas Democrat, Little Rock, Mr. PEPPER. Mr. President, I have serve as an answer to some of the argu Ark., of May 13, 1946] made all the apologies I intend to make. ments which have been made, I ask LABOR STRIFE ENDANGERS THE NATION· unanimous consent to insert in the REc I have tried to be gracious to every Mem Do you remember the high mood in which ber of this body, but I feel as deeply ORD three editorials, published in the we finished the war? · Everything vias going about this matter as do some other Sen Arkansas Democrat. The first is en to be fine now. We had saved our way of ators. I assert that today we are writing titled "Strikes Demand Statesmanship," life. We had proved the virile force, the re our record. We are indicating whether from the issue of May 9, 1946. The sourcefulness, the unity, of our democracy. we wish to help the working men and second is entitled "Labor Strife Endan Soon we'd be busy at our normal affairs, women of this country or whether we do gers the Nation," from the issue of May turning out· a profusion- of goods, building, not wish to help them. If the question 13, 1946. The third is entitled "Strikes expanding, creating-the scarcities and hard Must Be Curbed," from the issue of May ships of the war forgotten. is. one of the abuse of power, and the And look at the mess we're in today. We're manner in which we shall curb · such 18, 1946. shorter of daily needs than we were during abuse, I shall be glad to consider any There being no objection, the editorials the grim years of fighting for our existence. amendment which goes directly to the were ordered to be printed in the RECORD, Returning servicemen are living in gar!lges question. It is the health fund amend as follows: and hen houses for lack of material to build ment whicl;l is now under consideration, [From the Arkansas Democrat, Little Rock, homes. To this plight we have come, ' in a and none of the amendments yet pro Ark., of May 9, 1945) land of potential plenty, as the bitter· result of 8 months of labor strife since our victory posed would outlaw the right to strike. STRIKES DEMAND STATESMANSHIP None of them provide for compulsory ar over the Axis. How much longer will Washington stand And think of the grave world situation. bitration, or any coercive force to be ex back, coaxing, deploring, and wringing its The peace is yet to be won. Our leaders are ercised against the stoppage of work. hands, but doing nothing effective, y.rhile striving for it, trying to fend off the peril of They are aimed at restricting the bar the country is torn up with continual strikes? another war-and behind them, enfeebling gaining power and freedom of collective We have had strike after strike since the their words, is a nation bogged down in a action on the part of the workers of this war ended, 8 months of shameful disorder strife of unthinking greed. We cannot in country through their duly chosen rep which has crippled the Nation's life. Now, to that way command the respect of Russia, resentatives. cap this . outrage, we have the coal strike where everybody is at work. We invite de- What I say may be called by Senators a spreading desolation over the land, and into rision for our democracy. . every home. It is throttling transportation, Let us not forget the grim finger paintings threat, or a reminder, or an admonition, closing factories, stopping the construction of of recent history. France was helpless before or a petition. I hope that Senators who needed buildings, throwing men out of work, the German war machine because of strikes have ·· feelings of humanity · coursing and laying a paralyzing hand on every ac which had crippled her production. And through their hearts will be on. the side tivity necessary to the welfare of our people. earlier, in the 1920's, Mussolini and his hand of the needy, the sick, and those who are Is this economic anarchy the peace we sac ful of Fascists came to power because Italy illy cared for. Senators who have not ri-ficed so much to win? Have we got a Gov was torn up, the people's morale shattered, ernment, or just an army of public job been convinced of the necessity for legis~ by an orgy of strikes. holders, bowing to pressure groups, and We'd better not be so smugly sure that the lation of the type which I have -proposed gambling with the Nation's welfare to keep will stand against those mute millions same evil which brought France and Italy to itself in office? The first duty of Govern ruin can do· no harm to us. We're in a dan of Americans who have committed no ment is to maintain order, and insure that gerous world, where we need all of our wrong except that of attempting to better the life of the Nation can go on. When strength to walk the hair-line of safety. themselves in the American way. All Government fails in that, it fails in the No reasonable American wants to see the they are asking for is fairness and :justice prime reason foz: its existence. unions "busted." Strong unions are needed at the l)ands of their Congress. They Washington is serving nobody with its to give the worker bargaining power with are asking that we legislate·without heat feeble course-except, possibly, a few labor strong corporations. But just as the cor and without vindictiveness. They are leaders whose salaries continue, and who may porations had to be brought under the law be gaining a pftiful, temporary prestige from when they grew powerful, and some of them asking that we continue to be, as they the harm they are doing to the entire public. think we are, the greatest deliberative flouted the public welfare, so the might of · The strikers aren't profiting. They will be union labor must now be controlled in the body in the world. They are asking that long in making up their hundreds of mil we try to be fair to them. · public interest. · lions of dollars in lost wages, from the small There can be no power left outside of Mr. President, when· we weigh this wage increases they have won over what emproyers were willing to· pay. government, whether labor, business, indus controversy in that spirit and in that try, or any other, to make its own rules and • light, and think about those working men . Industry and business are taking heavy set its own conduct-to use the distress it and women as well as about management losses. And the whole public is p~ying a inflicts on the public as a means of gaining terrific price in shortages of needs; in the -its ends. That course gambles with disaster. and the persons who write editorials and lack of materials for homes and for factories news articles, I believe that we will not ahd offices which would provide new jobs; Government must be supreme--and adminis- be willing to adopt some of the restric in rising prices which bear hard on every . tered for all the people, with no special tive amendments which have been offered small earner; and in countless discomforts favors to any group whatever. and which would make it an unfair labor and hardships. It is the solemn duty of Congress to put practice for management to barg'ain col Even if the coal strike were to end today, labor unions on an equal basis under the even if we should have uninterrupted produc law with the big corporations. No hasty act lectively with its workers who are seeking should be passed. The problem calls for de the establishment of health and welfare tion of every industry, it would be months before the evil effects of the epidemic of liberate statesmanship-for a wise, fair, just _funds. strikes were overcome . . There's a huge bill to law, which will give us peace at home, ·and a Mr. President, the Congress passed pay the fiddler for this dance of reckless self correspondingly stronger voice in building the Smith-Connally bill. We thought it interest. world peace. We must have order, or we shall would stop strikes, but it caused more But whatever happens now, there w1ll b.e have some harsh consequence of failing to strikes. We are now being asked to pass more strikes sooner or later. The people insure it. Think agaln of Italy and France. an amendment which; in my opinion, in should insist that Congress prGVide a remedy. stead of causing fewer strikes would cause We want no vengeful legislation thfown to [From the Arkansas Democrat, Little Rock, more. If the amendments in the form gether in hot haste. We want a law which Ark., of May 18, 1946) will preserve labor's fundamental rights, in which they have been proposed : are which will be equally fair to worker a·nd em STRIKES MUST BE ~URBED passed, I ask Senators to check the ployer, and which will safeguard the 'public. · Any · sharp criticism of strikes is certain record 6 months from now and see Our way of life is gravely endangered. Pri to bring an irritated response from some whether I have made a correct prophecy vate wars, economic anarchy, must give way union members. There is nothing so sur in stating that the amendments will do to law and reason, 1f our democracy 1s to prising in that. Group loyalty is,' of course, 5344 CONGRESSIONAL RECORD-SENATE MAY 21 - one explanation. But another important mine operators who were engaged in the The nex.t sentence reads: reason is that many union members are negotiations with Mr. Lewis. I had un thinking, as humankind is prone to do, in No provision of this o~ any other act shall terms of the past. derstood the Senator to say that on the . be deemed to prohibit such plans or to pro Senate floor during the first day of the hibit employers from contributing to the They have not yet realized that ttrike~ are now a very different thing from what they debate. On page 4896 of the RECORD of support of such plans, except in any case were not so many years ago. Conditions the 13th of May, appears what the Sena where such support constitutes an unfair which formerly gave an air of wild justice tor is reported to have said. I had made labor practice. to strikes have been removed, or greatly modi- . th,e statement that I supposed none of us The last sentence, I think, is very sig fied in labor's favor. And the Nation has had any information except what we nificant: grown so depend~nt, every group on all obtained from the press, that we had others, that an extended strike anywhere The failure or refusal of an employer ih probably "had no personal contact with an activity affecting commerce to bargain inflicts injury on everybody elsewhere. these people, and I said: · Labor unions were weak for the most part, collectively concern~ng the establishment or in -comparison with the big corporations, up I think we ought to have the issues square maintenance of such a plan shall be deemed into the 1930's. They had, therefore, the ly presented. As I understand, what the to be an unfair labor practice for the pur public's sympathy for "the under dog." But· Senator from Virginia was agitated about- poses of the National Labor Relations Act. and perhaps justly so-was something that is no longer the situation. For the Mr. President, I think that, under the unions, favored by such Federal legislation which we read in the newspapers. We are at a great disadvantage in trying to legislate decisions -of the National Labor Rela· as the National Labor Relations Act, have tions Board, if an employer refused to grown till today they hold the margin of upon a coal strike which we do not know power. They can kill a small industry. They anything about except what we read in the agree to the demand of a union that the can cripple the biggest one, if they should papers. But the Senator from Virginia has employer pay to the union · a fixed so desire. the impression from the newspapers-unless amount to be measured in whatever way Furthermore, in years past, the worker he has had private information of which I they want to measure it, whether it be was wholly dependent on his job. All he got am not aware-that Mr. John L. "Lewis- a royalty of 10 cents a ton, or 7 percent out of life, for a living, for a period of en The RECORD then reads: of the pay roll, the administration of its forced idleness, for his old age, was what Mr. BYRD. I may say that I have informa expenditure to be vested exclusively in ever his job paid. And the strike was then tion from some of those who have been en the union officials, he would be guilty almost the only effective means the worker gaged -in negotiating with· Mr. Lewis, which had of enforcing a claim for higher pay. of an unfair labor practice under this is exactly what I stated on the floor of the · language, could be haled before the Na In the light of that fact, there was a cer Senate. tain rude logic in strikes, and in drastic tional Labor. Relations Board, and the picketing to hold the worker's job while he The Senator from Florida thought that Board could order him to grant such a was striking. · the Senator from Virginia had intended fund. But that condition has been enormously to say by that language that he had had Mr. President, it seems to me that if changed. The unions are now powerful, and the Congress of the United States has able, under the Labor Relations Act and conversations with some of the mine operators who had been engaged in nego- · reached the conclusion that we are not other favoring laws, to gain any just de 1 mand without an anarchy of group force. tiations with Mr. Lewis. . · adequately taking care of the health of They are, in fact, legally favored over the Mr. BYRD. That conforms ·with my the people of this Nation, the way for employer. explanation. Congress to fulfill its obligation in that More than that, the worker today has Mr. PEPPER. I think the Senator respect is not . by forcing employers to unemployment compensation when he is from Virginia will say that that is sus agree to the establishment of these funds idle through no arbitrary act of thE} union. ceptible at least of an ambiguous con in collective bargaining, but rather by He has this to tide him over while looking for another job. He has workmen's compen struction, if the Senator from Florida considering and passing upon one of the sation acts in practically all States now, to was not correct in his inference. half dozep or dozen bills now pending insure that he is financially cared for if Mr. BALL. Mr. President, I desire to in the Committee on Education and La injured, and to provide for his family if he discuss very briefly the pending substi bor to accomplish that purpose. Cer loses his life where he is employed. And he tute amendment offered by· the Senator tainly it seems to me that would be es has the certainty of an age pension in his from Florida, and the Byrd amendment tablishing a new and radical policy in the advanced year~. as modified. I expect later to discuss the field of labor relations, throwing the Thus, the old conditions by w:Qich labor justified strikes have been practically re various other amendments, particularly whole weight of this Government behind the NLRB, giving it power to force em moved ~ And the public, which granted all those proposed in our minority views, as this to labor, is entitled to concessions in they are offered. ployers, whether the industry could return. It cim now fairly demand that the In view of the fact that the Senator stand such an expenditure and remain unions use their power sanely, that they do from Florida has spent several days tell competitive or not, to set up such funds not swing it as a brutal club over the heads ing the Senate of the terrible things these at the demand of the union. · of the public which has been so generous amendments, and particularly the Byrd Mr. PEPPER. Mr. President, will the to the worker. Let the union member think of how he amendment, will do to the working peo Senator yield? would feel if the farmer were organized as ple of this country, how they will deprive Mr. BALL. I yield. strongly as he is, and were to sh.ut off his · them of their rights, their civil liberties, Mr. PEPPER. I think if the Senator food to enforce a price demand. That is how and everything else, I think it is well that will note the ' language of our proposed • the public feels about the heedless exercise we return for a brief moment to reality, substitute on page 2, he will not find that of union strength, and the power politics of and discuss for just a moment what the it justifies the statement he has just union leaders, which deprive every home amendments actually provide. made. The amendment provides: of necessities only second in importance to The substitute proposed by the Sena food. The failure or refusal of an employer in an It is the plain, urgent duty of Congress tor from Florida contains this general activity affecting commerce to bargain col to see that labor's power is used fairly, in declaration of policy: - lectively concerning the establishment or a responsible manner, and not to tear down It is hereby declared to be the policy of maintenance of such a plan shall be deemed the economic house in which we are all Congress to encourage and facilitate the es · to be an unfair labor practice for the pur· living-labor itself with everybody else. tablishment and maintenance of approved poses of the National Labor Relations Act. plans within industry for providing hospital, Mr. BALL obtained the floor. medical, and home-nursing care and services, That does not mean the employer has Mr. PEPPER. Mr. President, will the insurance, vocational rehabilitation, and to agree, but it does mean that he cannot Senator yield for just a moment? I wish other benefits- shut his eyes, or his ears and say, "I to call attention to a statement of ·the will not consider such a proposal." All Senator from Virginia [Mr. BYRD]. Which can cover practically any this would do would be to require that he thing- Mr; BALL. I yield. negotiate on the subject. Mr. PEPPER. As I understood, the for employees in activities affecting com Mr. BALL. But I think the Senator merce and for their families and dependents. Senator from Virginia took some um and to encourage the support of such plans from Florida will find that the National brage at the statement made by the by employers, whether such plans are ad Labor Relations Board has interpreted Senator from Florida that he had under ministered by employers and employees the Wagner Act requirement that em stood the Senator from 'Virginia to state jointly or solely by employers or solely by ployers must bargain collectively to mean. that he had had some contacts with the employees or otherwise. that they must not only reach an agree- 1946 CONGRESSIONAL RECORD-SENATE 5345 ment of some kind on an issue in dispute, thing else. Maybe that is what he means fund for welfare purposes and for the but must write that agreement into a con by "educatiooal aid to miners and their benefit of victims of accidents, the very tract and sign it. They have so held, and families." minimum safeguards for the benefit, I I think the courts have upheld th~ Mr. President, if Mr. Lewis· succeeded might say, of the workingmen, not the decision. in getting his demands accepted, whether union bosses-to see to it that if these Now, Mr. President, returning to the it is 1 percent or 7 percent, whether $10,- funds are established they are actually Byrd amendment as modified, I think it 000,000 a year or $70,000,000 a year, to be spent for the purposes for which they are might be well to recall the provision in turned over to the United Mine Workers, established. section 8, subsection (2), of the National to the officials of that union to be spent Let me read paragraph (3) of subsec Labor Relations Act, the ·so-called Wag at their discretion merely for these broad tion (c) of the Byrd amendment which ner Act. Section 8 is the section which purposes, what would be the effect on permits the payment of these funds. lists the unfair labor practices, and I the members of that mine workers' union, Subsection (c) starts out: should like to read subsection (2). It on the miners themselves, about whom The provisions of this section- is as follows: the Senator from Florida has been talk Which prohibit the payment by an em That it is an unfair labor practice for ing so much? Mr. President, it is well an employer to· dominate or interfere with known that the United Mine Workers, as ployer of any money or other thing of the formation or administration of any labor run by Mr. Lewis, is not too democratic value to any representative of any of his organization- an organization. If Mr. Lewis and his employees for collective-bargaining pur poses- This is the significant language- fellow officers do not like the officers that The provisions of this section shall not be or contribute financial or other support to it. a local union or a district of the United Mine workers elect, or the delegates they· applicable • • • (3) with respect to That is followed by the proviso about elect to a national convention, Mr. Lewis money or other thing of value paid to a permitting employees to ·confer with an has the power, and frequently uses it, to trust fund- employer during working hours. remove them from office and appoint Mr. President, if the sums of money we Mr. President, it seems to me when that their successors. are talking about here are to be estab language was written into the original In view of that attitude of his toward lished for this purpose, in the amount of Wagner Act the authors were very defi the democratic process and the rights $50,000,000 or $70,000,000 a year, is nitely trying to prevent the corruption of his individual mine workers, I wonder it not reasonable to suggest that the of labor organizations by payments to the just how much chance an individual mine money be put in trust to be used only for leaders of such organizations by em worker who happened to disagree with ployers. We all know that there had the benefit of those employees for whom the John L. Lewis leadership of this the fund is supposedly established? been cases where that had happened. union, and who was intrepid enough to Now what is the proposition of John L. speak up in meeting so that it became So, first, we make this a trust fund so Lewis which brought about this particular known he disagreed with the Lewis lead that any individual employee having a amendment, which is not confined to the ership-! wonder just how much chance right to benefits under that fund, if he Lewis demand at all, but goes to the he and his family would ever have of is denied them by the administrators Petrillo contract provision imposing a receiving any of the benefits of this thereof, has the right to go into court royalty on the manufacture of every $10,000,000 to $7D,OOO,OOO slush fund and to see that he gets his rights und'er record in this country, a royalty which is which would·be turned over to the lead that fund- paid over, as I understand, to the Ameri ership of the United Mine Workers to· paid to a trust fund established by such can Federation of Musicians with ab spend annually. representative-- solutely no strings on how they shall Mr. President, I think if we do not expend it, except that it is supposed to That is, by the union; the union can reject the Pepper substitute and adopt establish it- be used to cushion the shock of tech the Byrd amendment, which as it is now nological unemployment on musicians. modified does only one tHing-that is, it for the sole and exclusive benefit of the em The Byrd amendment applies of course ployees of such employer, and their families prevents this one-way street of the em and dependents- to a number of other similar payments ployer putting up all the money and the made by employers to unions. officials of the union spending it at their - Or, if it is a group industry- Mr. Lewis' demand has been consist own discretion-if we do not do that,, jointly with the employees of other employ ently-he has never modified it-that · and such payments become an estab ers making similar payments, and their fam the coal operators pay to the United lished practice in the labor movement of ilies and dependents, provided- Mine Workers a certain sum annually. the United States, it will be so completely And it must meet these requirements, At first it was rumored it was to amount corrupted within a few years that we will Mr. President- to 10 cents per ton on every ton of coal have to abolish it completely and start mined. More recently, when be stated it (A) Such payments are held in trust for over again. the purpose of paying, either from principal formally in the negotiations, it amounted Mr. Presidept, there are no leaders of or income or both, for the benefit of em to 7 percent of their pay rolls. Our whole any organizations who can be trusted ployees, their families, and dependents- social-security levy on pay rolls is only 1 with the kind of power that is given by percent. Mr. Lewis certainly is not mod a slush fund for the general purposes of And these are the purposes for which est in his demands. This amount is to welfare of $10,000,000 or even $5,000,- it must be spent- be paid by the employers directly to the 000, let alone $50,000,000 or $70,000,000 For medical or hospital care, pensions on United Mine Workers, and to be spent a year-who can be trusted to spend that retirement or death of employees, compen by the officials of that union for these siX kind of money annually and not use it to sation for injuries or illness resulting from purposes which he listed; full medical at perpetuate themselves in power forever occupational activity, or · insurance to pro tention for all miners and their families, and ever in that union. vide any of the foregoing, or life insurance, adequate and modern hospitalization, in If Mr. Lewis succeeds in getting that disability and sickness insurance, or accident surance, rehabilitation of employees suf kind of fund, with no strings on how insurance-- ~ fering from injuries or occupational dis he shall spend it, there is not a chance Is it not a reasonable limitation on the eases, economic aid to victims of indus in the world that he or his successors as purposes for which a trust fund should trial injuries-that can oover. quite a leaders of the United Mine -Workers can be expended if. we are really thinking broad field; and the last one, cultural and ever be replaced by the rank and file, no here of extending benefits to the work educational aid to miners and their fam matter how much they may disagree with ing men and women of this country, and ilies. their policies. There is no protection not just giving the bosses of the unions Mr. President, in the past Mr. Lewis no guaranty whatever-that the funds a little more power and prestige?- has seen . fit to spend the funds of the so paid over will actually be used for the United Mine Workers for various.educa purpose for which they are supposed to And (B)- tional purposes, .including the orgai;liza be used. · This is the next condition . that the tional activities of the CIO and of Dis Mr. .. President, wh~t we do with the trust fund shall meet- trict 50, which is out organizing all kinds Byrd amendment, in subsection (c), is to the detailed basis on which such payments of employees from railroad employees to · · place around the payments to such are to be made is specified in a written farmers and dairy workers and every- fund, and the establishment of such agreement with the employer- 5·346 CONGRESSIONAL RECORD-SENATE MAY 21 We do not want it left completely up under the internal-revenue laws indus worker will receive less from the work in the air that this is just a welfare fund tries are permitted to deduc.t their pay men's compensation fund. that shall be used for the general welfare ments of dues to trade associations. He Mr. BALL. I think the language of the employee. That would be subject neglected to mention the fact that under would permit the establishment of such to endless controversy. If this fund is to the same internal revenue code members a fund for any or all of these purposes, be administered honestly, then the terms of labor unions are permitted to deduct but not for any other purposes. · on which the employees for whose bene the dues which they pay to labor unions, Mr. SALTONSTALL. I · respectfully fit it is established are to receive those as a part of their expense in producing say to the Senator that I doubt if the benefits certainly should be spelled out the income involved. I do not believe language is in the form which would in the basic agreemen~ that there is any difference or discrimi support his interpretation of the amend and employees and employers are equally nation whatever. I have never heard of ment. If I am correct, should it not be represented in the administration of such any trade association attempting to amended so as to accomplish its purpose? fund, such agreement to contain a provision establish a welfare fund for the benefit Mr. BALL. The language under clause that in the event the employer and employee of its members, and requiring some other (A) is as follows: groups deadlock on the administration of party to make the payments into that Such payments are held in trust for the such fund, the two groups shall agree on an fund, which would really be an analagous purpose of paying, either from principal or impartial umpire to decide such dispute, or income, or both, for the benefit of employees, in event of their failure to agree within a situation. _.So, Mr. President, I hope that we may their families, and dependents, for medical reasonable length of time, an impartial um or hospital care, pensions on retirement or pire to decide the dispute. shall, on petition reach a vote on the Pepper substitute death of employees, compensation for injuries of either group, be appointed by the District and on the Byrd amendment at the or illness resulting from occupational activ Court of the United States. earliest possible date. ity, or insurance to provide any of the fore .. I realize that it would be rather useless Mr. HATCH. Mr. President, will the going, or life insurance, disability and sick to suggest to the Senator from Florida, Senator yield? ness insurance, or accident insurance. and perhaps to some other Senators, that Mr. BALL: I yield. The conjunction all the way through the employer might have some small in Mr. HATCH. In the beginning of his is "or" and not "and." terest in .whether this fund is wisely and remarks the Senator referred to the Mr. SALTONSTALL. Will the Senator honestly administered. I realize, after Wagner Act, which contains a prohibi look into that question further? listening to him, that the Senator from tion against contributions by employers. Mr. BALL. I shall be glad to do so. Florida seems to regard all employers as Poes the Senator interpret that provision Mr. SALTONSTALL. The Senator per se greedy anci selfish individuals, in as prohibiting a health-fund contribu agrees with me that the language should terested only in grinding down their em tion? be broad enough so that any one or more ployees to the lowest possible standard of Mr. BALL. I think it would pr,ohibit or all of the purposes could be included, living. I do not agree with that concept the kind of contribution which John L. but no other purposes. of employers. I believe that if the em Lewis is demanding, which is obviously · Mr. BALL. That is correct. ployers, through their enterprise and the a contribution directly to the union. The Mr. SALTONSTALL. I now wish to management of their business in a com difficulty is that the employer c~nnot get ask the Senator a question with respect petitive industry, are to be required to do before the National Labor Relations to item (B) on page 3: As I understand, sufficient business annually so that they ~oard. Only a union could ]?ring that this trust .is to be established with two can pay these amounts into a trust fund Issue before the National Labor Rela groups, one from the employer and one for the benefit of employees, they cer tions Board; and obviously the United from the employees. If they cannot tainly should be at least equally repre Mine Workers would not bring it up. agree upon an impartial arbiter, then the sented with employees in the administra · Mr. HATCH. Then, as I understand district court of the United States for the tion of the fund. That seems to me the it is the Senator's point that in order t~ particular district shall appoint a neutral minimum principle of equity and justice. ma~e · contributions of this kind legal, person. As I understand our Constitu . Finally, the last ·requirement is: actwn by Co~gress is required-either tion, we cannot by legislation require the (c) such payments meet the requirements something in the nature of the Byrd district court to do so. Suppose the dis for deduction .by the employer under section amendment or the substitute therefor. trict court should refuse to appoint an 23 (a) or section 23 (p) of the Internal Rev . Mr. BALis. I do not know that I would arbiter? Would not that leave the parties enue Code. go so far as to say that. Contributions at loggerheads? Those are highly technical sections, as are being made. The upholsterers union · Mr. BALL. No. I am very glad that I understand. Frankly, I do not know in the Twin Cities has a provision in its the Senator brought up that point. It is all the details of them. They provide contract for such a contribution. Such quite true that the justice of the district the conditions under which business may contributions are not illegal. The con court cannot be compelled by law to ap deduct payments into a pension or other tribution is an unfair labor practice, un point the impartial umpire. As a matter benefit plan for employees, from income der the Wagner Act. So far as I know of fact, in a great many agreements there for tax purposes. Certainly we should the issue has never be.en raised, and is provision for asking the district court nat expect the employer to make a con probably never would be raised, because to make such an appointment, and tribution to ~. trust fund for the benefit of the only way it could come before the usually it is done. However, we cannot employees, and then force the employer Board, under the Board's present proce compel the court to do so. On the other to pay income tax on the amount of the dures and policies, would be for the union hand, this is a trust fund; and if the dis contribution. to bring it up; and obviously the union trict court will not appoint an umpire To sum up, Mr. President, I believe never would do so. who will decide administrative disputes, that on the face of it the Byrd amend Mr. SALTONSTALL. Mr. President and thereby keep the subject out of court, ment is the least we can do in the United will the Senator yield for a question? ' either party, or anyone having rights States Senate to protect the individual Mr. BALL. I yield. under the trust, could petition the court employees from being the victims of Mr. SALTONSTALL. I should like to to take over the fund, in effect as a re union bosses who will demand these ask the Senator two questions. The first ceiver. Then the court would actually funds without any strings attached to relates to clause (A) at the bottom of probably through the same sort of ap them, to be paid over to the unions and page 2. Is it the Senator's understanding pointment of an umpire or referee-take will then use them to perpetuate their that this trust, when it is established, over the entire administration of the power over the employees. If these funds must be for the benefit of all the purposes fund. are to be established, they should at specified in lines 20 through 25, or can it Mr. ~ALTONSTALL. If that objection least be protected in their establishment be established for any one or more of is a proper one, as the Senator says it and in their administration so that they those purposes, by agreement when the may become, would it not be better to will actually be spent for the purposes trust is established? I ask that question omit entirely reference to the court? It for which they are supposedly estab because I believe there are certain provi is not a good thing to put these questions lished. sions with respect to some of the work into the courts anyway. Should it not Mr. President, the Senator from Flori men's compensation funds in the various be in the hands of the head of one of the da made quite a point of the fact that States that if there is other income the departments in Washington, such as the 1946 CONGRESSIONA'L RECORD-SENATE 5347 -Director of Social Security, or the Secre made. I understood him to say that he of employers in ·supporting and sustain tary of Social Welfare, if such -an office believes that any eqntribuUon made by 'ing company-owned and company-domi- were established? Would it not be better an employer to a welfare fund would be nated unions. · to have such an official make the appoint an unfair labor practice under the Wag- Mr. BALL. Mr. President, I think the ment of an impartial umpire? . ner Act, if the fund were' administered -question of the Senator as to whether Mr. 'BALL. No; I am afraid I cannot solely by the union. Did I correctly un it is a proper issue for collective bar agree with the Senator ' from Massa- derstand the 'Senator? gaining is water over the dam, because it _chusetts. I believe that there would be Mr. BALL. It would be an unfair -has been a subject of coliective bargain much greater confidence on both sides labor practice, as I interpret the Wagner ing in a number of major disputes in the in an appointment made by the district Act; but I added the proviso that there last 5 or 10 years. So it is water over court. I think it is quite a common prac is no way that the employer could get the dam. tice for the district -courts to make such before the National L-abor Relations I do not see anything in that part of appointments. It is simply a device to Board in such a case, -except on com the subsection of the Wagner Act which avoid having the courts take over the plaint of the union, and the union never -says anything about the purposes for complete administration of the fund. ·_ would raise the .question. which the contribution is to made. The court avoids that necessity by acced- Mr. MORSE. The Senator bases bis There is a fiat prohibition of any contri - ing to the request to appoint an impartial conclusions, I judg-e from his remarks, bution by the emplQyer to the union. arbitrator. I believe that in the present on the fact that because it would be a Mr. MORSE. Of course, I think that is state of the district court dockets most contribution, therefore it would be an the error of the interpretation the Sen-a judges would be delighted to avoid the unfair labor practice f.or the employer to tor from Minnesota makes. additional work of having to take over make the contribution. Mr. BALL. Mr. President, I am not the supervision of the administration of Mr. BALL. Yes; I think very def interpreting. That is the plain language the entire fund. initely it is. of the Wagner Act. . Mr. SALTONSTALL. I have in mind, I should say It would be different Mr. MORSE. Mr. President, the Sen for example, an area in which there might if it were s contribution to a trust fund, -ator from Minnesota is making an inter be a very strong feeling on both sides. established and properly · safeguarded pretation, and it is what we call a literal If a judge should make the appointment, for the benefit o.f the empi.oyees, by the interpretation. But the language of the what would be the feeling ·in that com employer. ·That is a different :situation. statl,te must be read in terms of its four munity in the days following if the man But when it is a contribution made di corners. When we .read the language of whom he appointed should decide a very rectly to the union, and when the union the statute in the light of its purposes, as much disputed question in favor of one officials--its executive board or its pres judged from its four corners, I suggest side or the other, an·d then the :side ident, or what have you-completely to the Senator from Minnesot-a that tbe against which he had decided ..should go control the expenditure of'the fund, then word "contribution.. should not be given to court? Would not that side f-eel I think it is wide .open to abuse and cor the literal interpretation which he is giv prejudiced by any decision which the -ruption on the part of the union leaders. ing to it. judge might make? It seems to me that Mr. MORSE. I certainly know .of no Mr. BALL. Mr. President. I agree witb such a system would put the judge in a case which can be eited on that issue; the Senator from Oregon that the Na hole. but I do not share the conclusion which ti.onal Labo.r Relations Board is not giv Mr. BALL. 1 cannot agree with the the Senator from Minnesota bas tng it the literal interpretation.. Senator. The judge himself may even reached, for the following reason: Of MESSAGE FROM THE HOUS~.ROLLED tually have to make the decision; but if course, the Wagner Act, so far as rontri- he appoints the umpire he appoints him butions by employers to unions are -con BILL SIGNED under the agreement that both sides will cerned, was devised in an attempt to pre A message from the House of R€pre• -. be bound by the umpire•s decision. The vent employers from financing com- _ sentatives, by Mr. Chaffee, one of its subject will not come back to him in pany-dominated unions. In other reading clerks, -announced that the that case. I think it w-ould be a mistake words,' the Wagner Act sought to pre Speaker had affixed. his signature to the to leave the appointment of an umpire in vent contributions or practices relative enrolled bill (S. 1305) to confer jurisdic -tbe case of a dispute over administration to contributions in connection with at tion on the State of North Dakot-a over ·in the hands of any political official of tempts by employers to support com offenses committed by or against Indians the Federal or State Government. pany-dominated unions. . on the Devils Lake Indian Reservation, Mr. SALTONSTALL. Will the dis I think the tests of whether it is an and. it was signed by the Acting President tinguished Senator make certain that he unfair labor practice within the pur pro tempore. i:s correct in his interpretation of the last view of the Wagner Act are as follows: MEDIATION OF LABOR DISPUTES five lines on page 2, that any one or Is the establishment of a welfare fund a more of these objectives can be sought, subject for collective bargaining? Is it The Senate resumed consideration of without an of them having to be ·in .a, request that would be considered a t he bill (H. R. 4908) to provide addi cluded under this language? proper request for co11ecttve bargaiping? tional facilities for the mediation of Mr. FERGUSON. Mr. President, will Or is i!;--.;to put it in another w.ay-a labor disputes. and for other purposes. the Senator yield? subj-ect of arbitratiWisconsin. Those engaged in that new production in the poultry industry. it will work out or not I do not know industry adopted a resolution setting I am not talking about the thousands issued an order 10 or 12 days· ago as to forth that they will continue to produce of baby chicks and turkey poults which, excess barley. AU excess barley on the cheese, but will not sell it. For months during the last. 10 days, and for the next Pacific coast must not be shipped east I have attempted to get Chester Bowles 10 days, have been and will be destroyed of the Pacific area. That should allow to. permit an increase in the price of because of the lack of feed. I am not the excess California barley to trickle up cheese. It costs 32 cents to produce making a plea to stop such waste, tre . to our area. They released and relaxed Cheddar cheese. and the manufacturers mendous as it is, uncalled for as it is, the regulation o~ oil feed cake. They have been selling it for 27 cents. Wiscon and unnecessary as it would have been stepped out of the corn market, so that sin provides about 56 percent of -the had some planning been done months the feeding of heavy hogs would be dis cheese produced in this country. Last ago in relation to the problem. couraged, and increase the price of corn January the Cheese Division of OPA Mr. President. the food-shortage prob 25 cents, which put some corn on the made a recommendation. They went lem did not descend upon us overnight. market. over the whole field and recommended We, as Members of. the Senate. cannot They did everything they could-! an increase. "No, no,'' said Bowles. Now escape our share of the responsibility. I want to be fair to them-to encourage the cheese industry is facing such a sit During the past year there were those the shipment of Montana wheat West in uation that it adopted a resolution, of us who on this fioor attempted from stead of to the Twin City terminal. But which, after a number of whereases, time to time to point out what the hand what they did, did not quite take care of reads-as follows: writing on the wan made perfectly clear, our situation. Resolved, That only one course is open to namely, that the wotld would soon enter I am glad the. Senator is calling this the industry if it 1s to aid Government, pre upon a period of· starvation unless we did matter to the attention of the Senate. · I vent unwanted diversion, produce food, pre something about it. I do not hesitate merely want to make clear that many of serve itself, and that course is to continue to say that I believe we have not done all us have been working on this matter for manufacture but refuse to sell at a loss, and we should have. done. We have not yet a long time. There have been many con hold it from this day forward until it may given UNRRA all the funds which it ferences, many telephone calls, many dis be legitimately sold on the basis of cos.t. need:S and has asked for. . Members of cussions, and we have reached a point I wrote Mr. Bowles a letter· today, this body know that over a period of now·where for the 2-week period I think which I ask to have printed in its en several weeks some of us on the fioor of we need probably some extra quick action. tir,ety in· the REGORD at this point in my the Senate pleaded from time to time I believe the State of-Oregon should have remarks, and, following it, that there be 5354 CONGRESSIONAL RECORD-SENATE MAY .21 printed the letter addressed to me by the between ceasing production or continuing to cattle of the Midwest, which is not only Wisconsin Cheese Makers Association, manufacture and refusing to sell until it can the milk factory of the Nation, but the setting forth the facts I have recited be done legitimately on a cost basis. · A large and representative group from the cheese factory and the butter factory. briefly, and. setting forth the resolution Jndustry at Fond du Lac (May 17) decided Mr. MAGNUSON. If the Senator from of the Wisconsin Cheese Makers Associa unanimously to withhold the cheese from Oregon will yield- · tion taking the action on which I have market. Mr. MORSE. I yield. commented. A copy of the resolution adopted is enclosed Mr. MAGNUSON. 1 will say to. the The ACTING PRESIDENT pro tem for your information. We have already com Senator from Wisconsin that the matter pore. Is there objection? menced holding. he has brought up was discussed about There being no objection, the matters . Government is asking for cheese, we are 2 months ago with the department, when making cheese-but, will not sell until the were ordered to be printed in the RECORD, price has been adjusted. this question was pending, and it was as follows: Both Agriculture and OPA know the facts, · also discussed before the committee. UNITED STATE:S SENATE, the cost at present is 32 cents per pound, the The problem at the time was that much COMMITTEE ON THE JUDICIARY, maximum price is 27 cents; we refuse to sell whole wheat was being shipped. Several May 21, 1946. at a loss. .orders have been issued since. I believe Hon. CHESTER BOWLES, ' We have construed delayed action by OPA .that on the Pacific coast the bulk of the Director, Office of Economic as a refusal to remedy the situation and feel wheat is being ground into flour and then Stabilization, Washington, D. C. csnnpelled to do so ourselves without endan exported, particularly that going to the DEAR MR. BOWLES: I am enclosing a copy gering the food supply by ceasing manufac of: (a) An urgen:t communication which I ture. Pacific for the famine areas. have just received from the Wisconsin May we have an immediate reply? The difficulty is that many of the peo Cheesemakers Association together with Yours very truly, ple in Europe and in Asia who are starv copy of (b) a resolution adopted by this L. E. KOPITZKE, ing must use the whole gr-ain. They make association setting forth its act1on as men President. gruel and porridge of it, whereas if they tioned in the . copy of letter signed by L. E. GEORGE L. MOONEY, get the flour, the lack of places in which Kopitzke and George Mooney. Executive Secretary • . to bake, and many other factors, make it This association, whose members manu WISCONSIN CHEESE MAKERS' ASSOCIATION, PLYM ,preferable to ship a great deaL of the facture 400,000,000 pounds of Cheddar OUTH, WIS., REFUSE TO SELL CHEESE AT A wheat in the whole grain. It is claimed 'cheese, annually voted, after a recent con LOSS ference, to withhold all Cheddar cheese from that the value in calories of the whole . The following resolution was unanimously grain is so much greater than the white the market until long-overdue price relief adopted Friday, May 17, 1946, at a State-wide has been granted to cheese producers. The meeting called by the Wisconsin Cheese flour value that it is worth while in many · cheese-makers have taken this drastic step Makers' Association at the Retlaw Hotel in instances to do that'. But they are going .because they have suffered tremendous losses Fond du Lac. About 500 producers, cheese .far in the program of grinding the wheat arising out of an outrageous OPA price ceil makers, and dealers were in attendance and ihto white flour, · which leaves about 20 ing of 27 cents per pound on a product that not a single dissenting vote was voiced. All percent for feed. I agree with the Sen it costs 32 cents to manufacture. the dealers present expressed their full sup I know that you are familiar with this ator from Oregon that that program port and cooperation: came a little. bit too late. I doubt if the situation if only on the basis of the repeated . "Whereas OPA ceiling _prices and policies representations I have made to you; urging affecting cheese have resulted in manufac .average Japanese would know how to use price relief for many, many months. It is turing losses in the past 3 years, ruinous to .white flouP, but he knows how to use the inconceivable to me how your office can con the great cheese industry of Wisconsin anti whole kernel of the grain. tinue to maintain ruinous -cheese policies causing -the closing, sale, or lease of nearly Mr. WILEY. I might ask another which have continued to cripple this vital 1,000 of our 1,400 factories; and question, in that connection. Statements industry and which have in particular struck "Whereas the present manufacturing cost a body blow against the industry of my own have been made to the effect that in of Cheddar cheese is about 32 cents per Europe, whether they use the whole State, which normally produces more cheese pound but with a maximum ceiling price of than all the other States combined. 27 cents per pound; and · wheat or the white flour, the facilities I want to call your attention to a signifi "Whereas the situation now calls for defi for producing flour are absolutely gone, cant fact resulting from your policy. Wis nite and affirmative action by the industry if and there has been talk about the facil consin had approximately 1,400 independent it is to survive; and · ities for distribution being inadequate. cheese factories and now over half of these "Whereas the present cheese goals and pro I should like to obtain some information factories (the resolution which I am en curement program of the Government will closing says nearly _1,000) have been closed, so as to assure people that the facilities ba defeated by OPA policies; and are adequate, if they are. We know that sold, or leased. This means that your pol "Whereas we do not· believe we can be icy is making not only for destruction of compelled to manufacture and sell our there are -bread lines in California, and the cheese industry of my State, but for the product at tremendous total los:;;es: There people looking for bread, and all over wiping out of whatever vestiges of small busi fore the country our citizens will soon be ness are left in this ·industry. The big in "Resolved, That only one course is open to looking for bread if conditions remain ·dustries . by leasing or purchasing are ab- the industry if it is to aid Government, as they are. ·sorbing these factories. . -prevent unwanted diversion, produce food, Mr. MAGNUSON. The Senator is Way back in January the Cheese Section preserve itself, and that course. is to con recommended an increase. Since then costs talking about white bread. tinue manufacture but refuse to sell at a Mr. WILEY. The production of bread. h~ve gone up still further and yet there is loss, and hold it from this day forward until no remedial action on the part of OPA. it may be legitimately :;;old on the basis ·of Mr. MAGNUSON. There is no re This is just another illustration of what your cost; further striction on bakers' making rye bread or inaction is doing in damaging a great in "Resolved, That this resolution be fur barley bread. I remember that when I dustry and making for monopoly. nished President Truman, all Federal officials was a boy bread was even made from I sincerely hope that you will see to it that and agencies responsible for this chaotic .Potatoes. immediate corrective action is taken. Such condition and whose official duty it 'is to Mr. WILEY. I am speaking of wheat would be in the interest not only of my con correct it." stituents, the cheese-makers of the State, but bread. of the gr~at mass of American people who Mr. WILEY. I might say, Mr. Presi Mr. MAGNUSON. I think approxi want cheese and are willing to pay a fair dent, that the inability of the executive mately 75 percent pf the bread consumed price for it. department to meet head-on this crit has been white bread, because it has been I hope I will soon hear that you have taken ical situation is nothing short of crim the habit of the American people to use favorable action.· . inal. In Wisconsin we have had 1,400 that kind of bread, and they are accus .. Sincerely yours, cheese factories, and in this resolution tamed to it. ALEXANDER WILEY. it .is recited that 1,000 of the 1,400 have Mr. WILEY. Mr. President, my point either been sold, or leased, or have quit is that America is ready to sacrifice as WISCONSIN CHEESE MAKERS' ·production. Of course, when they are no other nation probably has sacrificed AsSOCIATION, leased or sold they go to the large manu in history, but the people of America want Plymouth, Wis., May 20, 1946. facturers, and thus the Bowles program to make sure that when they do sacrifice, Senator ALEXANDER WILEY, Senate Office Building, results in monopoly, the big fellows taking the things they give up shall not be lost Washington, D. C. over the little businesses, and as a result eri route, shall not fall into the hands of DEAR SENATOR WILEY: Price policies of OPA the public, the consumer, is not protected. black marketeers in Europe, and shall having put the cheese on a red-ink basis for I should like to have an answer, if I not go to fancy restaurants which charge PJ,onths; the industry was faced with a choice may, to my (}Uestion about feed for the many dollars for the meals they serve. · 1946 CONGRESSIONAL RECORD-SENATE 5355 · Mr. President, I heard f.ormerPr-esident yet to vote, and whlcll I think we should -So I am pleading this afternoon for the Hoover's rem-arks on the -gen-eral f-ood vote with-out further delay, because tbe production ftocks of the Pacific North situation and the distributi-on of food trials and tribulati'Ons f Agri.eulture that unless any wrongful channels. this -afternoon for feed with which to relief is provided within the next week Mr. MAGNUSON. In some eases stop the wastage and great loss of meat in the State of Oregon alone 1,000,000 what is now being done will only l'epre tnat has resulted from the killing o1f of productive hens wm be slaughtered. sent temporary help. "In other cases that young chickens and young turkeys be Think .of it, Mr. President, 1,000,000 pro which the Senator from Wisconsin fears, cause of a lack of fred, although, having ductive hens will be slaughtered, and may perhaps result. But there is an im been brought up on -a f-arm, it is rath-er their meat, much of it, will no.t be used. mediate problem in Europe and t1rere shocking to me to see the tremendous They will have to be buried. They will a1so is an immediate pr-oblem in th-e far waste which is ent-ailed by sarcriftcing represent a complete economic loss, be- northw-estern section -of the United thousands upon thousands of birds that . eause the facilities ar-e not available to States. · Probably transportation diffi.cul have great po-tential m~at producing take care of 1,000,000 hens in the State ties, the disl(}cation of distn"bution facil value. I am w~ll aware of the fact that of Oregon which must be slaughtered in ities, will cause more trouble tb:an will we cannot supply wheat in th~ quanti 1 week. · . arise with respect· to the question of ties needed for human consumption and At this moment cold-storage plants are supply itself. at the same time proceed to increase the bUlging with .poultry.. I have heretofore. Mr. MORSE. Mr. President, I desire production of all types ·of livestock at in oonferences, just as the Senator fr<>m to thank both the Senator from Wiscon sueh a rate as to cut in heavily on the Washington has done, by letter, and by sin and the Senator .frDm Washington wheat supply. telephone calls, for months upon end for their rontribUtion. The informa Neither am I making a 'Plea bere this pleaded with the admini.strative ollicers of tion whieh the Senator from Washing afternoon, although a strong a!'gument the Government in charge of this prob ton gave the Senator from Wisconsin could be made in their behalf for feed lem to rlo everything possible to empty with respect to the milling of wheat into f-or the .livestock producers themselves the .cold-storage p1ants of this surplus :flour is the .same -as that which the Ore or for the dairymen who are suffering a poultry and to use it wherever possible~ g,(!)n Senators obtained fmm the Depart tremendous loss of production in the Some loss might be entailed, but I think ment of Agriculture. Pacific Northwest as the result .of this we .ought to m-eet the starvation problemS "Before I proceed with my speech proper wheat order. I am reliaaly informed-! of the w.orld even, if necessary, at the I wish to make a comment on the re have no quesUon as to the reliabiUty m cost of some waste, as we found that we marks made by the Senator fr.om Wash the statistics made available to me-that could not ftght .a. war without waste. I ington in regard to what .has been tak large numbers of the finest dairy cattle of am not going to be worried about .send ing plue, respecting this problem, dur the Pacific Northwest are beil'lg slaugh ing some food shipments to Europe, tg the ing the past several months~ I not .only tered. The d-airy men are not merely Pacific, to the Orient, even tbo-ugh some am well aware of the great w~rk the two going out of business and letting some of it may be wasted. I believe most of it Senat.or.s from Washington have done in body e1se tak-e over the cows and pro would r.each its destination in edible con c-onnection with this problem, but on duce in anoth~r dairy. "T.hat is not dition. So 1 have been pleading that that more than on.e occasion the Senators what has happened. althnugh there are saving be made. Had it been done the fimn Oregon have cooperated with them, some such cases. But I tell the Senate storage facnities which are now necessary particularly with regard to the first that large numbersofveryvaluable dairy would be available, and this terrible mas wheat order, when we worked with the oows -are being· slaughtered, and . the sacre -of the poultry industry in my State knowledge that each group was cooper number will increase because in my "Sec and in the State of Washington would ating in an attempt to have the order tion the dairy interests cannot get the not be necessary. There wouM have been modified, so as to make possible a W feed to make dairies a paying propositi{)n cold-storage ,facilities available to save percent increase in the shipments of during this period :Of time. The dairy at least rome of the meat. wheat to the N<)rthwest. men are taking their losses, and they' are What is going to happen, Mr. Presi I desire to say further for the RECORD sacrificing their valuable her-d-s. Again dent? In referring to the States of that at no time have the Senators from I say, as one brought up on a m Washington their situ-ation, because its real cost will nQt be thousands of birds. That type of poul wholehearted support in these mutual immediate, its real cost and the real loss try establishment is rar.ely f<>und in my f-arm problems. I do .not want the Sen to the productive activities Qf this coun section of the country. What we have is ator from Washington to gain the im try will be measured in terms of the next the small producer, the man in the poul pression from any <)f my previous re 3 or 4 or 5 years. ' try business who has 1,50.0 or .2,000 hens. marks th&t I ·entertain the idea that the That is not a sound economic program. I shall n-ot encumber the RECORD, but I Washington delegation bat! not made Not much can be done~ l .admit, by cry can show, upon request, letters received every possible e«ort to try to meet this ing over it now. That part of the dam from veterans who have come baek from problem. They have been doing a splen age has already been suffered. It is true, this war. invested their meager savlngs did job. Nor do I want the Senator to as some of the dairymen have said, and in small poultry farms, and gone into the think that I am putting the m-ajor blame as the State director of agriculture <>f my poultry business. As a result of this pr.o for the f'ailure to meet the world food gram they will be completely wiped out problem insofar as the obligation of the State .said this morning at the conference economically. I say that it is not fair to Unit-ed States are concerned, upon the with the Secretary <)f Agriculture, that them .or to the country. It simply is not Congress. · What I was saying, how ~t least the cattle which will not be the right thing to do. • will ever-and the record is Clear on this slaughtered, altbaugh they not be so I am disturbed about another angle of point-is that we did delay during the productive as heretofore, and some of this problem. It cannot be laugh.ed. .o11 past year in t-aking the necessary steps tbem n<>t productive at ail, as the result very easily. I am disturbed ab(}ut the to give UNRRA the support to whi-ch of the treatment to w.hicll they have been angle which I mentioned this morning at that organizati6n was entit1ed if it was subjected because of a Jack of :feed~ at the Department of Agricu1ture. I am to undert-ake the planning needed in least .can be turned out to grass. Same sure that no Member of the Senate ca-n order to meet fQod crises as they -arose loss will be ent-ailed, but they can be question my sincerity in advocating that from time tQ time thr-oughoot the world. turned out to grass. Poultry, chickens, the United States shall do everything it For that matter there are sti11 pend and turkeys, however, ·cannGt live on can to establish a sound international ing bef'Ore this oody requests for addi grass. They must have .grain. They order in the interest of permanent peace.. tional funds for UNRRA, which we have must have feed. ·If America is· to li-ve up to the fullest, to 5356' CONGRESSIONAL RECORD.-:SENATE, MAY 21 its obligations and responsibilities in co~ sent to Spokane only as a terminal point, cal patterns of annual behavior in their nection with our international program, because that is where the elevator is. farm procedures and methods. It has we must have the united support of But the direct instructions at the time always been their custom to buy their American public opinion. We must have of shipment were that half .of them wheat during a certain time of the year, the people in support of the program. were to go to the State of Washington but before that purchase period arrived An incident such as this, in an area so and half to the State of Oregon. They this year the so-called stoppage occurred. extensive as the Pacific Northwest, is the consist of barley and corn, and not Th~ Government took the wheat wh_ich cause of deep resentment being stirred wheat. Moreover, they are only a drop otherwise would have been made avail up because of the losses which are being in the bucket. able to them. So there they are, without suffered by the poultry and -livestock in Mr. MAGNUSON. I am glad to know any wheat, and in an area in which there dustries of that section. Such resent that. Now I shall have to ask for 25 are no substitute feeds. ment is reflected in the mail of Senators. more. Mr. MAGNUSON. Unless they can be Those of us who are trying to do the best· Mr. MORSE. I hope the Senator can brought in. job we can in convincing the American continue to get them. We .shall be glad Mr. AIKEN. I asked the Senator the people that we have no other choice but to split the allotment with him. amount which had been shipped into the to go along with the United Nations in Mr. MAGNUSON. My point is that State; but I can see that that would be the development of a sound international we are trying to get as many emergency qt!ite meaningless, inasmuch as the poul program find ourselves in great difficulty cars of feed as possible-wheat, barley, trymen in the Senator's State buy most when we are confronted with an increas corn, or whatever we can get. The of what they require from within the ing number of farmers in our State who Senator from Oregon has been in con State. · · say that there is something wrong with a tact with the Department later than I Mr. MORSE. That is correct. program under which the Government is have been. I talked with a representa Mr. AIKEN. So there would be no ·willing to bankrupt some of its own citi tive of the Department yesterday after.: such record. zens, and, in effect, confiscate their prop noon. I am wondering if there is any Mr. MORSE. That is true. erty without compensation, claiming to further news. The Senator from Washington . [Mr. do it in the interest of relieving starva Mr. MORSE. · I shall discuss that MAGNUSON] is quite correct. There are tion abroad. question. I had intended to place some no substitute feeds, and will be none ·Of wurse, I shall continue to do the data in the RECORD first. unless they can be brought in. Tliis best I can to persuade the people to real Mr. AIKEN. Mr. President, will the afternoon I am urging that sufficient re ize that meeting the starvation problem Senator yield? lief be afforded for a couple of weeks is probably the best insurance policy we Mr. MORSE. I yield to the Senator so that plans can be made to get sub can take out as a nation against a future from Vermont. stitute feeds into the State. Unless war. Nevertheless, they feel that any Mr. AIKEN. I wonder if the Senator such emergency relief is granted, the administration bungling in connection has any record of the number of cars dire results which I have pointed out are with the program is unjust. They feel shipped into his State and the number of as certain to follow as the night the day. . and I must say rightly so-that adequate cars that stayed in his State for distribu Mr. BREWSTER. Mr. President, will. planning has not been done by those re tion among local poultrymen and dairy the Senator yield? sponsible for the· program to protect the men. Does he have any record of the Mr. MORSE. I yield. farmers who are suffering these tremen amount of grain which is exported to Mr. BREWSTER. I have listened to dous losses. countries other than the famine-ridden this interesting discussion. It is a mat Knowing my section of the country as countries of the world? ter of great concern to us in New Eng-· I do, and as I am sure the Senator from Mr. MORSE. I do not have such data. land. The other day I heard the some Washington [Mr. MAGNUSON] knows it, I will say to the Senator from Vermont what extraordinary and disturbing. I know that the point of the relationship that our problem has been a matter of statement made that 143 cars of feed of great mistakes such as this to public home consumption. That is, we have came through New England last week support for a sound international pro consumed that portion of our wheat on one day, and that practically all gram cannot be ignored by the adminis which we needed for our livestock indus of it went overseas. immediately, I do tration. I believe that the interest of try and for our poultry industry, and the not know whether the Senator from Ver sustained public support for what we are rest has been shipped elsewhere. What mont is familiar with that situation. seeking to accomplish through the inter has happened in this instance is, as. the Mr. AIKEN. I gave the Senator the national program of the administration, Secretary of Agriculture pointed out to us wrong information. It was 153 cars that to which I give my hearty support, en- this-morning, that prior to the issuance went into New England last Friday. I titles Senators and Representatives from of the order there was a great quantity do not know what became of the feed, the Northwest to some emergency treat of wheat in the State of Oregon which but certainly if that is typical of the ment so far as relieving the feed shortage was bought by private concerns outs~de amount of grain that is going into New for our poultry industry is concerned. the State. The farmers in our State England, it is not being distributed in Mr. MAGNUSON. Mr. President, will usually buy wheat during a certain period New England. One hundred and fifty the Senator yield~ of the year for their poultry production. three cars would be more than 200,000 Mr. MORSE. I yield. Before that period arrived this year the bushels. We would not use that much Mr. MAGNUSON. What did the Sec order was issued which took the wheat in 1 day. The assumption is that it retary of Agriculture say this morning? away from them. That is why they are is being exported because the world mar That is what I am interested in. caught without any wheat. The so-. ket price is a few cents ·a bushel higher Mr. MORSE. I was coming to that, called surplus wheat is already sold out than the domestic price. I understand but I shall be glad to take up that point of the State. The wheat which our that UNRRA is exporting about 10 per':" now. poultry producers have always bought is cent of the grain to foreign countries, Mr. MAGNUSON. I preface the ques the wheat which has now been taken over and that the other 90 percent goes into tion on the fact that the State of Wash by the Government and is not available the world market. I am not absolutely ington received 50 carloads, and we ~x to the poultry producers. That is why certain as to those percentages, but that pect to get more. I hope we can get they are in the present situation. They is as I recall them. If a person who is more. I .am pleading for it. . I wonder are not asking for any pattern different able to buy grain can get 5 or 10 cents a what the Secretary said to the Oregon from the historical pattern. bushel more for-it by shipping it overseas group. It is true, as the Secretary of Agricul to a famine-ridden country or to any Mr. MORSE. With regard to the 50 ture pointed out this morning-and I other country which has the price to pay carloads, I assure the Senator from wish to be exceedingly fair about this for it-and many of them now have Washington that the Oregon delegation that had the poultry producers bought there is an incentive-to sell it where it will did not go to the Department of Agri their wheat when it was available last bring the highest price. Consequently, culture to take away any of those cars, fall or early winter they would not now our small feed mixers in New England but to find out about them. We were be short. But the ppint to remember is, are unable to buy grain enough to come told by the Secretary and by the Under as I stated earlier in my remarks, that anywhere near beginning· to supply the Secretary that 25 of those cars are to. they are farmer~producers. They are poultrymen and dairymen of the six go to the State of Oregon. They were small operators: · They follow very typi-' New England States. _1946 CONGREBSIONAL· RECORD-SENATE 5357· Mr. BREWSTER. What answer do we shall find that- the countries which them into bankruptcy. So much, Mr. those in authority give in connection are not famine-ridden have surpluses of President, for a general statement of the with the fixing of price schedules on a such products which they themselves are principles and policies involved.· basis which makes it easier for foreign trying to sell. Again I wish to say that my whole interests outside the famine areas to se Mr. AIKEN. No, Mr. President; I hearted sympathy is with the Secretary cure our grain at the expense of our own think the countries that are buying the of Agriculture, who said this morning, consumers? most grain are neither the famine-ridden "After all, these commitments have been Mr. AIKEN. I have not had an an countries nor the grain-exporting coun made, and the problem exists in othet' swer to that question as yet. I suppose tries. They are the countries which have sections of the country, too. I just can that some of the grain is going to the money with which to buy the grain, and not change those orders." same places to which some of the white they are buying plenty of grain-all they In fairness to him it also should be shirts went-to countries which have can buy, naturally, because it is a good said that, after all, the farmers knew, plenty of money to spend and are willing commodity to have and to be able to sell. from releases which were issued by the to spend it. I do not doubt that is where Mr. MORSE. Mr. President, I thank Department of Agriculture months ago, it has gone. No doubt it is not wasted, the Senators for their contributions. that when determining their production regardless of wherever it goes. By their remarks I think they have made program for this year they should make Mr. BREWSTER. Mr. President, I very clear that the problem I have been certain that they had the grain with was quite startled to learn that our ex discussing this afternoon is one which which to meet the production. port trade is now running at the rate of is vital to many sections of the country. I am sure that the Secretary of Agri-. more than $8 , 000,000~000 a year, as of I wish to continue my answer to the culture was acting in good faith when the first quarter -of the present year. Senator's question which was, "What did those releases were issued, and I mean But some of that export trade is made the officials of the Department of Agri no criticism of him. My admiration for up of UNRRA shipments, which I under culture tell us this morning?" I wish to him is too great to permit me to ·criti stand are within that category. How state that Secretary of. Agriculture An .cize him. But I know farmers, too. I ever, the UNRRA shipments certainly derson and Under Secretary Dodd gave am willing to venture the assertion here are not a large proportion of the total us a very fair and a very considerate and, and now that the vast majority of them of our exports. I thought, a very understanding hear- in the northwestern section of the coun Although we have been seeking to de ing. . try never heard of the releases. But even velop our export trade, if the present As I said on this floor last week, I think if they heard of them, they did not know situation reflects in any substantial the Secretary of Agriculture not only is that the releases meant that, as of this measure the "advantage" of doing busi faced with a tremendous, as well as a month, there would be imposed upon ness outside of this country with prod thankless job, but I think he is an ex them, by the Government, a grain re ucts which are scarce in this country, ceedingly fair man and that he does his striction which would make it impossible because it is better business to send level best to be fair and to try to meet for them to get feed, as they always have nylons, or white shirts, or any other in a fair manner, emergency problems in the past, at the time of the year when· items abroad and sell them there, rather as they arise. But he, too, has what they buy the feed for their new crops than to sell them at home under the amounts, in fact, to instructions under of poultry. That is not a reflection on price ceilings, then .it seems to me the which he has to work. After all, he is the farmers, either, but it is a statement matter is of very great concern to us. confronted with very definite export of fact, namely, that, after all, they plan :When we learn that $2,200,000,000 worth commitments in regard to wheat. He is by habit and pattern, and that has been of products have been exported during not a magician. He does not have au their habit and that has been their pat the first quarter of the present year, our thority to modify those commitments. tern; and if there was any intention on first feeling is one of gratification that They involve other branches of the Gov the part of the Government to attempt we can do so much busines&t Our sec ernment, too. to change that pattern, then I say with ond feeling, however, is one of doubt as Mr. President, I am making no criti out hesitation that much more should to whether that total of business re cism of those commitments. I simply have been done to impress upon the flects to a considerable extent the un say that I do not think the commitments farmers exactly what grain program fortunate policies which have prevailed should have been made until the in they should follow. under price regulations. ventory which I previously mentioned However, that was not done. I think Mr. AIKEN. Mr. President, the Sen had been made. · I refer to the inventory the Secretary of Agriculture would be ator is absolutely .correct about that. Of of the existing grain in this country, the last to say that the farmers really course, a goodly share of our exports is when looked at from the standpoint of realized at any time that the emergency going to countries which are not famine the minimum needs of the farmers and situation in which they now find them ridden in any respect. Some of otir ex- · livestock producers and from the stand selves would come to pass. They cer ports are going to countries which do not point of maintaining just minimum tainly did not realize that. That is all need the exported commodities any more standards in order to prevent economic there is to the matter. · Now they are than we in the United States ;need them, wastage of feed, resulting from an order rising up with tremendous resentment. but they are permitted to pay high prices which took from the farmers of the Certainly they are willing to make sacri for them. The Senator knows what United States feed in greater quantities fices to relieve starvation, but try to con countries they are. than they could possibly afford to lose, vince them that that means that they Mr. MAGNUSON. Mr. President, of in view of the existing poultry and live should be put out of business, should course, it would be somewhat illogical stock situation in the United States. voluntarily accept the bankruptcy which to say that a country which is not fam That Mr. President, is a very important is being imposed upon many of them. ine-ridden· would wish ·to import feed or point in this discussion. If the Government says, "Oh, well, grain. The countries which are not fam:. · Why try to·fix blame for it? Let us after all we have to have the wheat for ine-ridden have surpluses of feed and of simply face the fact that we have made this purpose," as I said' last week, if it grain. Mr. Herbert Hoover listed those· export commitments for the exporting of comes to pass that no relief of any kind countries, and he listed the surpluses of grain without first setting in motion a can be afforded and .provided in this food, as far as he could estimate them. · program for the transfer of the neces emergency, then I have no question that Some feed was sold through the Chicago sary substitute feeds to the sections of the Government has a moral obligation markets before the issuance of the order, our country which are entirely dependent in that respect. After all, the Govern because this problem exists only in New upon wheat for feed because they have no ment has just as great a duty to meet England and in the Pacific Northwest. substitute feed, such as barley, corn or that obligation as it has to meet any of California actually has a surplus of bar oats. Such a program simply was not the other moral obligations it has to the ley, or will have when the barley crop undertaken; with the result that in the people of this country. I have no doubt comes in; and it uses a great deal ·of northwestern section of the country-and about its moral obligation to see to it barley for feed. But some of the brokers I understand the same situation exists in that the farmers who are suffering this or others who deal in grain may have New England-the poultry producers are tremendous loss as a result of this chain made commitments to other countries. finding themselves with· a tremendous of circumstances are recompensed for I am sure that if we look at the facts feed 'shortage which is putting many of the loss they are suffering. It is the least XCII--338 5358 €0NGRESSIONAL RECORD-SE~ATE MAY 21 we can do, and it is the fair thing for of the country complaining because of suggested to the Department about 2 -or 3 us to do. not receivmg its share of what was avail weeks ago that ther-e were sufficient stock Mr. President, it is all very w.en to talk able. Through cooperation with the piles tO take care of the probl-em. -Those about principles and policies in connec trade, the Government directed ship piles will not be shipped abroad for 39 tion with this problem. We discussed ments to be made of protein meals·and days. them this morning with the Secretary other pr-otein f-eeds so that each section · Mr;MORSE. 'l'lmtis the point I wished of Agriculture. He has a very good of the -country received its properly a1i~ to make. Representative EL'L'SWORTH . understanding of them.· He admitted, I cabie share. I have DQt observed any made the suggestion this morning that may say to the Senator from Washing reason f'Or not doing the same with -sub we borrow for the 2-w-eeks, period, from ton, that he did not know what could be stitute feed-s, sueh as barley, sorghum, the .320,000 busheis of:So-calied commod done. After the Secretary had left the and other grains. If the Government ity credit wheat now available on the conference because of an appointment had not done what it did during th-e West coast, use 1t to meet the present which he had to keep~ the Under Secre middle of the winter, 1 believe we would emergency, and charge it against our tary of Agriculture said that he did not not now be in such dire 'Straits as we seem future obligations under the wheat pro know what could be done. We spent ap to be in, particularly on the Paeifie and gram. It ma-y be said that we need the proximately half an hour with the Secre Atlantic coasts of the ·unit-ed States. I wheat now. As the Senator from Wash tary, and the other half hour with the twpe we have learned our le-sson and that ingtQn has said, that wheat will not be Under Secretary. That is a great deai of next winter, if conditions promise to be shipped. It eannot be -shipped. The fa time to give out of 'the day of any busy the -same, the Government wiU a'S-sume cilities are not avail-able for shipping it. administrator or any Senator. After the the responsibility -of -directing the alloca I know oomething about the shipping Secretary left the conference the Under tions Qf <>ther grains just as it did thi-s proi:Mems of the -Paeifie eoast, having Secretary said, ·"Gentlemen, I do not year in eonnection with protein\S. I have worked in an official capaeity on the know what we can do .about it, but we heard no compiaints from the trade with water front from 1935 to 1941. I know will see if anything can be done. We respect to the allocation of the -proteins, S<9mething about how ea;rgoes are built make no commitments or promises." But but, nevertheless, there wa'S not nearly up Qfi -shore·s before t~y ever reach the one suggestion was made in the confer enough t-o go :around. ship. Wheat·wiU be pHed up for months ence which I though contained a great Mr. MORSE. I thank the Senator. I and months to come. The quota wh'ich deal of common sense. It was made by think what he pointed out is what should wm be neeessary in order to meet the RepresentatiVe ELLswonH of the· Fourth h.a ve been -done IDQnths and months ago present em'Enogen<:y will be but a small District of Oregon. He stated that per when the Go~rnment prepared t-o meet quantity so far as having any e1Ieet on haps we could make a paper trade. He this crisis. the movement of wheat abroad is eon suggested that. for the time being, we Mr. AIKEN. The Senat-or is ecrrect. eerned. So I think there -should be some be allowed a certain quantity of wheat Plans -should have been in preparati-on to borrowing against the wheat quantity in order to meet the 2 weeks' emer bf' a-p:p1ied on short notiee if it became crooit em the 'Part of tbe States m Ore gency, a quantity consisting of 326 ;000 n·ecessary to put th:em ·inttl effect. gun and Washington, bushels to which theSenatorfrom Wash Mr. MAGNUSON. Mr. President, I Mr. President, there was also included ington has refer.red~ and which has been think it should be done now, because the in the suggestion to which ref-erence has taken by the 'Government. The sug present sitUation wm have to be relieved been made, that the Southwest, particu gesti-On was made that we ·use whatever for a long time by so-caned snbstitute i-arly 'Texas, which is about to bring its portion of it might be necessary in urder feeds. An equitable :allocation of sub wbeat onto the market, -shou~d make to meet the .emergency, and at the same stitute feeds will be necessary. There ' avaiilable oo tne·G1:wernment a portion of time start on its way to O.regon sub are many fanners in the Midtlle West it'S wheat. It was suggested that the stitute feed such as com, barley, .and who have plenty of feed and do not wish Government take from Tex~s a percent oats from the Middle West. to sell it. age larger than the percentage set forth However, I may say to the Senator HoweYer, Mr. President, let u-s be fair in the order, With the understanding that from Washington that the Government with the executive department. · After when the Northwest ero~ comes into the has no control over that substitute feed. a1i, commitments were matle by the market T-exas win have its increased per That fact is one of the interesting things United States on the basis of information -centage returned to it from the north in connection with the feed program. which came pretty late with regard to western production. Of course, there will We limited the Government's participa the famine-stricken countries of Europe. probably be some expense in connection tion in the program to wheat. In my 1 know of countries sueh as Belgium who with such an exchange; but we are deal judgment, that was a mistake. The -prob have made five successive reductions 'ing With a pro·blem whieh is as vital to lem is not a wheat problem but it is .an in rations. It is somewhat di1ficu1t the we1fare of the world as were the American grain problem. It should be to have much symJ).athy with the Japa problems connected with the successful handled as an over-aU grain problem nese, but they reduced their rations to prosecution of the war. I make no de and not merely as a wheat problem. 300 calories a day~ An American could fense of unnecessary waste~ but I .am In order to do justice to aU sections of not subsist on a ration of that kind. I ready to defend any waste which may be the country. the Government should ex do not know what we must do when we necessary in order to meet the starvation ercise control over the substitute feed and are forced to choose between feeding a problems of the world, and see to it tbat see to it that sufficient quantities are di chicken and feeding someone who is justice is done oo the produeer.s of poul rected to such sections as the Pacific dying in Europe. Herbert Hoover.. as try in the Pacific Northwest and in the Northwest and New England. in order to well as others. has said that this must N.ew England States. relieve the hardship whi-ch would be suf be our absolute minimum co:tnlllltment4 Mr. President, I have talked, as I have fered by the Ia'rmers of those countries Of .course. there was some bad planning .said, about the poiieies and the general if we were to take their wheat away from in connection with distribution. and un':' them and give them no substitute ·in less the Government takes over the so principles inv-oived in this 'Problem. I return. caned allied feed-s .and distributes them n.ow wish to put into tbe REcoKD-and it Mr. AIKEN. Mr. President, will the equitably, difficulty will f.ollow.. will take me only a few minutes-some Senator yield? Mr. MORSE. Mr. President. I agree data bearing directly upon the policies Mr. MORSE. I yield. with the ·senator. I cannot believe that :and the princip1es to which I hare re Mr. AIKEN. I think it would be en if we exercise our combined abilities in ferred. tirely possible for the Government to a united e1I.ort to work out a proper pro I want the RECORD oo show that Or.e take over control of a large portion of the gram within the administrative .depart . gon~s 1946 turkey production g<>a1 estab- substitute feed which is ·now available,, ments of tbe Government, we cannot ·Hshed by the Un~ sta~ Department and see to it that aU parts of the country .solve the _problem without doing the tre of Agrleulture is '2,'221.QOO birds, or .83 are given what should be given to them. ·mendous damage which is now being pereent of the 1945 }lroduetion. As I -sa:id As the Senator from Oregon knows. on done to the poultry-producing sections ·earlier in my remarks, the seni-or Sen the 15th of January the Government of our country. -ator from Oregon EMr. CoRDON] and I took over control of protein.feeds. While Mr. MAGNUSON. As the Senater has ·are greatly indebted to the State director there had not been protein enough to go said, there ls no question about what of agriculture of the state of Oregon for around, I have not heard of any section could be done if we were to try. It was these data. 19_46 · QONGRESSlON4L ~ECO~_D-~ENATE 5359 Actual numbers being raised, accord entire State. As a result the local feed mated at 10,000,000 bushels, or a total of ing to careful surveys of the Oregon dealer, a small businessman, is the source 41,000,000 bushels, nearly half of the State Department of Agriculture, ap of fe~d supplies purchased , usually in ·area's total production. proximate 50 percent of the 1945 pro small lots of a ton or two as needed, be Have we done our job in the Northwest·? duction of 2,605,000 birds, or 1,302,000, a cause · the farmer, the small producer, The figures speak for themselves. I am reduction below the requested amount of cannot afford to buy more. He has not not one to stand on the floor of the Sen 915,500 birds. the wherewithal with which to pay for it. ate and discuss general principles and To feed 1,302,500 birds through the The country feed dealer secures his policies without being ready to back up period May 20 to July 20, 1946, figuring supplies from the terminal feed manu my statement on policies with data, on 73 pounds of grain to raise one bird, re facturers or from wholesale jobbers. this issue or any other issue. quires 448,206 bushels of wheat. I digress Feed manufacturers depend upon the Here are the facts: Let the admin for a moment to do a little State boast commercial grain trade for feed grains. istration forces charged with the respon ing. We raise turkeys in Oregon, and Country feed mixers depend on the com sibility for this program-face these facts, they are really turkeys, They are the mercial grain trade as well. Normally and then determine, once they digest double-breasted variety. all grains used other than corn is raised the facts, whether the farmers of my Mr. AIKEN. Will the Senator yield? either within the State or within the section of the country are justified in Mr. MORSE. I shall be glad to yield northwest area. During recent years in saying to their Government, "Yes; we as soon as I finish these statistics. cluding most of 1945 the Government's will cooperate and help stem the tide of Mr. AIKEN. Are the turkeys raised in feed wheat program accounted for an starvation throughout the world, but we Oregon mostly Vermont turkeys? average of 6,611,000 bushels of wheat per cannot help if you bankrupt us, we can Mr. MORSE. They are pretty good year for the years 1943-44-45 being sold not help if you take away from us our competitors of the Vermont turkeys. in the area. The withdrawal of this only source of economic livelihood. We Mr. AIKEN. Are they sold as Vermont source just prior to the time when feed only pray for temporary. relief, that we turkeys? supplies began to tighten and become may borrow some wheat from the Com Mr. MORSE. I am going to share difficult to obtain resulted in a gap the modity Credit supply until the Govern- · honors with Vermont in this matter. feed trade supplying turkey and poultry ment can get some substitute feed in our Mr. AIKEN. When Vermont raises raisers found it impossible to bridge. area so that we can feed our people." only about 200,000 turkeys a year, I have Neither did usual quantities of 1945 crop The borrowing should be subject to the often wondered how it came that there corn move westward to Oregon. Pre understanding that the amount borrowed seemed to be several million Vermont viously, a considerable amount was sent · would subsequently be made up from turkeys finding their way to the market. into Oregon, but not in 1945. Shortages the 1946 crop to whatever amount ts [Laughter.] · of railroad cars prevented feed manu necessary in excess of the 25 percent Mr. MORSE. To proceed with my facturers from accumulating wheat in which the Government has already an statistics, the Oregon birds of ours are ventories from . local producing areas nounced it will take from the 1946 crop exceedingly large, of the double-breasted prior to a step-up in the Government~ for use in the world food program. variety, and it requires 73.pounds of'grain export program. Then the Government In the face of this movement and an · ~o raise one bird, maturing in 7 months, itself used the car-s and moved wheat at extremely tight feed situation, the Gov and allowance is made for heavier con a time feed manufacturers and dealers ernment stepped in when feed manu sumption as the bird matures, so that in were trying desperately to accumulate facturers were trying to buy stocks at all 448,206 bushels of wheat are required. inventories. When the car situation legally established ceiling prices and . Basing Oregon's requirements for cleared for westerward rail movement offered 30 cents a bushel premium thus poultry feed other than for turkeys upon from our production area, the wheat was estopping the feed manufacturers from the goal established by the United States gone. Oregon depends on the Midwest further purchases. Department of Agriculture for hens and and South for the bulk of its vegetable Obviously, the feed manufacturers pullets to be upon farms as of January 1, oilseed meals-the predominant source could not buy at 30 cents less than the 1946, of 3,206,000, reduced by 20 percent of proteins for livestock and poultry Government was paying. I am not criti as a result of United States Department feedings. As a result of the failure of cizing that Government policy. I am of Agriculture orders limiting the use of the Government to effectuate distribu merely stating a fact about it. Obviously, grain to 80 percent by months of that tion of short supplies through its 5 and the moment the 30-cent premium went used during 1945, gives 2,564,800 birds, later 10-percent set-aside order to proc into effect the feed manufacturers, the which equals a reduction from 1945 of essors, Oregon during December 1945 so-called mixers who mix the poultry 901,200 birds. and January, February, and March 1946 feed, could not buy the wheat because We find there will be needed during the was compelled to use more grains than they could not pay the 30 cents unless period MaY 20-July 20, 1946, on the basis would have been necessary had proteins · they went into the black market. There of an annual use of 75 pounds of grain been available even in somewhat reduced fore, the Government cannot escape some per bird, wheat or its grain equivalent amounts to permit more efficient utiliza- responsibility for the situation. Of to the extent of 528,990 bushels. tion of those grains. • course, I think that the wheat should These figures exclude any considera Government exports from the North have been moved from the farms. As the tion of chickens raised for meat pur west to March 9, 1946, were 23,000,000 Secretary of Agriculture properly said poses. bushels of wheat. That is a good deal of this morning, "In your State the barns The total grain requirements therefore wheat, Mr. President. I am glad it was were bulging with stored wheat; they for Oregon's turkeys and poultry indus available for export, but I point out that were storing it in any receptacle in which tries during the period May 20-July 20, that farmers of my State know that we they could store it." That is true. I 1946, reduced 50 and 20 percent, respec shipped 23,000,000 bushels of wheat. think the Government was quite right in tively, over comparable 1945 figures They also know that today many of those paying a premium in order to get the equals 977,196 bushels of wheat or its farmer producers are faced with bank wheat off the farm. The fact remains, grain equivalent. Pounds of grain re ruptcy, and they feel that the Govern however, that as the result of the pre quired per bird are furnished by Oregon ment should adopt an emergency pro mium feed manufacturers could not buy State College, Division of Animal Indus gram of some kind, such as we have dis the wheat, and it could not be made tries. cussed heretofore on the floor this after available to the poultry purchasers. There are few individually large grow noon, to save them a financial loss. The situation was so acute by April19, ers of either turkeys or chickens in I think they are right, and they are 1946, that the chairman of the Oregon Oregon. Particularly is this true with going to continue to insist, in my judg State United States Department of Ag respect to chickens. Nearly all are small ment, upon justice being done them. I riculture Council wired Secretary of Ag commercial growers raising no· products am going to continue, as is my senior col riculture Clinton P. Anderson as follows: other than chickens for eggs or turkeys league, to do everything we can within Information available to Oregon United for meat. Hatcherymen depend on small the power of our office to see to it that States Department of Agriculture Council breeder flocks for their supplies of hatch justice is done. leaves no douht but whatAprill wheat stocks ing eggs. There are a few large growers Private exports were 8,000,000 bushels. in all p.ositions in three Northwest States numbering less than a hundred for the Expor~ in the torm of flour were esti- are seriously short and at least 10,000,000
• 5360 CONGRESSIONAL RECORD-SENATE MAY · 21 bushels below requirements until new crop . That is, that there be strict culling-; terminated as producers as a result of. available. To meet situation and bring about that they keep only the best production. Government action. The food supplies equitable distribution of remainipg stocks, birds. That is fair enough. They ought of all America's citizens are threatened council recommends- to do it. If storage facilities were avail as extermination of American food pro What is the council? The council of able, as I suggested earlier in my speech, ducers cannot do other than reduce our the United States Department of Agri that could have been done, at least with own food supplies. culture in the Pacific Northwest. This out complete loss to the farmer, whereas I close, Mr. President, by reiterating is what these agricultural experts on the now a large percentage of the birds will that I have made these remarks in be field recommended to the Government have to be destroyed, that is buried, and half of myself and my senior colleague Immediate stoppage of exports of wheat · used for no food purpose whatsoever. [Mr. CoRDON]. I desire to say again that from three northwest States and that such 3. That we again urge you to halt exports we have no desire in any way to injure wheat as is obtained under purchase cer of Northwest wheat. the food program of the Government; tificate program be diverted by ccc·for feed .. 4. That the corn and wheat made •avail but we say to the administration that the That milling be reduced' at least 25 percent. able through imports of corn and cessation facts speak for themselves, and if the That bread loaf be cut 10 percent and of wheat exports be used exclusively for feed, administration continues the course of President be requested to instruct Food and and that the distribution be controlled so Drug Administration to relinquish labeling as to make certain that none is used as food. action it is now following it will waste requirements during emergency. Stress more We· have vigorously promoted the food much more food than it' will save by the active participation of hotels, restaurants, conservation program and will continue to wheat program now being administered. and public generally in reducing the use do so. Indications are that widespread pub The ad)Ilinistration will make less food of wheat. lic cooperation is being achieved. We would available to meet the starvation problems Even if the above recommendations are strongly oppose making one single bushel of of the world than it is now making avail carried out, Northwest will need to import additional grain available for. -milling for able by taking away from the Pacific at least 6,000,000 bushels and it is suggested domestic consumption. that steps be taken promptly by the appro- . Northwest and the New England States priate Government agency to bring that Still nothing bas been done. Oregon the small quantity of wheat necessary to amount into this area. faces, not reduction of its poultry flocks, tide us over for a couple of weeks until but liquidation. There are not enough substitute grains can begin flowing. When was that? April19, 1946. That slaughtering facilities ·or storage facili I wish to say, Mr. President, that I is a pretty clear telegram. We cannot ties either, so that much of such poultry think the point needs to be made clear make much mistake about what that .-as must be slaughtered will be a com to the American farmers and the Ameri council meant or what the facts were plete loss. Growers were given goals by can consumers generally over and over that it had found. I am not saying that the United States Department of Agri again that the starvation problem ahead something should have been done about culture· in the fall of 1945 for 1946 pro.. of us is a 2-year problem. As I said that -telegram, but I am saying that duction and encouraged to meet them. the other day, it cannot be solved with. nothing was done. J:heir only offense is having done too the 1946 world crop. It will require the . Again, on May 10, the chairman of the well. In February 1946, after having set 1946 world crop and the 1947 world crop; . council wi·ote Secretary Anderson as this production pattern to meet the goals and we cannot get a single world food follows: established, the salhe Government, · expert who has made a study of it to The Oregon USDA Council- is gravely con through its Department of Agriculture, tell us with certainty that in his judg cerned with the feed supply situation in the limited the amount of grain which might_' ment the 1947 crop, along with the 1946 State resulting from the heavy wheat exports to famine areas. On April 19 I wired you the be used for feed purposes, automatically crop, will meet the problem. Hence, I council's report that remaining wheat sup reducing production by the extent of the say that we cannot afford, in an emer plies in the Northwest were about 10,000,000 limitation, or 20 percent. Then the Gov gency such as this, to destroy such a bushels short of requirements. In view of ernment competed for grains to ship great production resource as the poultry. this shortage and its effect on the livestock abroad and used up a major portion of industry of the Pacific Northwest and and poultry industries, the council asked for what otherwise would have been avail the New England States. an immediate stoppage of exports of North able for domestic uses, including feed. I think the facts are unanswerable. west wheat. At its meeting today the coup That same Government now says it has en again consioered the situation, and from They conclusively show that by borrow the information presented, it is apparent no facilities for making feed grains avail ing a quantity of wheat for the time that wholesale liquidation of laying flocks is able in areas of acute feed shortage ex being in order to save the industry we in prospect. cept through persuasion of handlers. It · shall not in the long run prevent a admits the gravity of the situation and single pound of wheat from going abroad. That was on May 10. Notification was · then claims to be powerless to act. We In view of that fact, it is the clear duty given that there must be wholesale liqui are told that because we did not reduce · of the Administration to take whatever dation of production flocks. I am talking our flocks as much as we were requested emergency steps may be necessary in about the ·very foundation of the poultry to they are now to be exterminated. ·order to save the poultry ·industry of industry in my State, and it applies to the· • Let me-make that point very clear, be my State and of the State of Washing State of Washington, too. I continue to cause the record concerning it is unan ton, represented in part by the able read the letter: swerable. It is true that the poultry pro Senator from Washington [Mr. MAG The council recognizes that heavy reduc ducers in my State failed by some 6 per NUSON], as well as that of the New Eng tion in both poultry and livestock is neces sary to do our share of feeding the starving cent to reduce to the -amount requested land States. abroad. But the council believes that the by the Department of Agriculture, but I repeat the suggestion which I made Pacific Northwest has been doing much more the average for the country was a fail last week, that I think the time has than its share in sending wheat to the famine ure of 19 percent. In other words, we come, in view of the mistakes which have areas. did much better than the country at been made, the misunderstandings which large did, and yet the Pacific Northwest have developed, and the feelings of the I digress to recall again that 41,000,000 is one of the · two great sections, New farmers in regard to the program, for bushels were sent. That is a tremendous England being the other, which is called the President of the United States, with quantity of wheat to come out of an area. upon as the result of the application of out further delay, to call a food confer It now has reached the point where emer this order to take this unconscionable ence to be attended by the outstanding gency action must be taken to prevent wreck ing of the poultry industry far beyond the loss. food experts of America, including rep point of individual hardship. Accordingly, I repeat. We are told that because resentatives of the farmers, to devise a the members. of the council agreed unani we did not reduce our flocks as much as blueprint of production and a grain pro mously on the following: we were requested to, they are now to be gram national in scope which will pre 1. That immediate steps be taken by the exterminated. It seems the Govern vent a repetition of the colossal mistake Department to ship in corn from Commodity · ment is more conce1·ned with the welfare which has resulte~i. . in this great emer Credit stocks. - of citizens of other nations than of jts . gency in my section of the country. A _very ~nsible suggestion. own. . Oregon's livestock raisers includ Mr. MAGNUSON. Mr. President, I 2.; That Oregon poultry producer£ be urged ing its poultrymen are ready and willing . wish to make one remark to the Senator to immediately increase the rate of liqui to make-their .production available for from Oregon. I still have not an an dation of flocks. relief purposes but object to being ex- swer as to what the Secretary said about
• 1946 CONGRESSIONAL RECORD-SENATE 5361 . making the transfer. I made thftt sug EXECUTIVE SESSION will be notified at once of the confirma gestion to him 2 wee~ ago. He said some Mr. MAGNUSON. I move that the tions. thing would be done about it. Fifty cars Senate proceed to the consideration of The PRESIDING OFFICER. If there were sent. But what did he say? Did he executive business. be no further reports of committees, the think the transfer could be made or not? The motion was agreed to; and the clerk will state the nominations on the Mr. MORSE. He did not say directly Senate proceeded to the consideration of Executive Calendar. that it could or could not be done. I think executive business. UNITED STATES DISTRICT JUDGE it is quite proper that he should not, be cause I think the truth of the matter is EXECUTIVE MESSAGE REFERRED The legislative clerk read the nomina that he is very much in doubt as to what The PRESIDING OFFICER Philadelphia, Alfred Henry Victor, Jr. Samuel Grier 3d Pa., to be judge of the United States Circuit Marvin Stuart Weinstein George Warren Griffith Court of Appeals for the Third Circuit, vice John McReynolds Wozencraft William Howard Grisham Han. Charles Alvin Jones, re~igned. Philip Darlington Haisley CAVALRY IN THE ARMY Charles Maurice Hall Richard Gordon Beckner Hal Edward Hallgren The following-named cadets, United States Stanley Delbert Blum Robert Milton Hamilton Military Academy, who are scheduled for Paris Russell Burn, Jr. · Walter Fleming Hamilton, Jr. graduation on June 4, 1946, for appointment John Crouse B1¥ney, Jr. Jesse Simmons Harris in the Regular Army of the United States: John Charles Cassidy Robert Carroll Hawley To be second lieutenants with rank from Joseph Claypoole Clark Rutledge Parker Hazzard June 4, 1946 Frank Donald COnant, Jr. ...Frederick Francis Hickey, Jr. James Arthur Day CORPS OF ENGINEERS John Christopher Hoar, Jr. Robert Fyfe Mein Duncan, Jr. Granvllle Watkins Hough Ferd Emanuel Anderson, Jr. Stephen Orville Edwards Joseph Edward Houseworth 3d Robert Hildebrand Ahlers J.:.awrence Lloyd Elder Thomas Moore Huddleston Frederick Clark Badger Robert Lewis Frantz William Arthur Humphreys Charles William Barker Howard Rowson Fuller, Jr. Gordon Ross Jacobsen· Roy Pearl Beatty Jack Keith Gilham Amos Azariah Jordan, Jr. Jack George Becker Benjamin Shaw Hanson, Jr. Edwi~ Mortimer Joseph Charles Edward Bonner Everitt Fee Hardin - Jean Krummel Joyce Edgar Garfield Braun, Jr. Kibbey Minton Horne Robert Carleton Key David Drummond Bro..vv-n. Wilbur Fields Joffrion William Martin Kiser Levi Aloysius Brown Robert Edmund Knapp . Robert Ernest Kren Robert Howell Bryan Jack Wilson Kopald Lloyd Charles Kurowski Dwight Comber Burnham Arthur James Lochrie, Jr. Ralph Irving LaRock Bernard Earl Conor Ray Rodgers McCullen Robert Vernon Lee, Jr. Robert Emmett Crowley William Herbert McMaster Robert Emil Lenzner Frallklin Richard Day · Samuel Rucks Martin James RGbert Loome William George Devens, Jr. George Livingston Miller Lawrence Joseph Luettgen Leonard Edelstein Leon Bowman Musser, Jr. Thomas Henry McBryde George Bernard Fink Roger Hurless Nye John Daniel Henry McDonough Frederic Alcott Frech George Frederick Otte, Jr. Robert Langham March Francis George Gosling Wilton Burton' Persons, Jr. Jack Franklin Matteson Peter Grosz, Jr. Albert Lyle Ramsey, Jr. Doyle Merritt John Ri~hard Hacke Selwyn Phillips Rogers, Jr. Car.ey Wayne Milligan George Gross Hagedon Edward James Roxbury, Jr. Edward John Morgan David Clayton Hinshaw Mason Pittman Rumney, Jr. Robert Franklin Morris Saul Horowitz, Jr. Jack Lawrence Schram George Carlisle Muir, Jr. David Niesley Hutchison Charles James Simmons Patrick Joseph O'Connor Joseph Anthony Jansen Norman Theodore Stanfield Carroll Raymond O'Neill Daniel Marshall Leininger Richard Wendell Streiff John Kenneth Paden, Jr. James McClure, Jr. Andrew Burton Talbot Stephen Joseph Pagano William McCollam, Jr. Oscar William Traber, Jr. John Griffin Parker Robert Joseph Malley John Russell Treadwell William Croom Parker Leo John Miller James Kerry Trimble Joseph Peter Pepe Arthur Andrew Murphy Guy Kent Troy Richard Sharon Pohl Wayne Stanley Nichols Matthew Reid Wallis John Thomas Price, Jr. Richard Glenn Patton George Stanl:ey Webb, Jr. Everett Lipscomb Rea Billy Pat Pendergrass FIELD ARTILLERY William Thomas Reeder John Perkins 3d Louis Nelson Roberts · Lewis William Rose Frederick King Alderson Gunnar Einar Andersson Elisha Miller Robinson, Jr. Robert Martin Rufsvold Guy Arnold Rogers Edward A. Saunders John Loveland Armstrong Robert Ander:;;on Babcock 3d .Richard Robert Sandoval William Powers Schneider Carl Paxton Schmidt David Kirkwood Sheppard David Thomas Baker Roy Gayle Simkins, Jr. David Halstead Smith Van Roy Baker John Eldredge Simpson John Ember Sterling, Jr. Edwin Wallace Basham Glennon Clyde Smith Milton Albert Strain Rex Webb Beasley, Jr. William Robert Smith Charles Robert Hatch Supplee Frank Milton Bowen, Jr. Russell Edward Speake Edmund George Taylor, Jr. Robert Bruce Bowen Ralph Allen Starner William Kappes Thomasset Philip Brian Brady Kenneth John Steen Max Marsh Ulrich Herrold Emerson Brooks, Jr. Oliver Day Street 3d Ray Moore Wagoner, Jr. Benjamin Clyde Brown Wllliam Richard Stroud Charles Torrey Williams Robert Owen Bullock Harold Alva Terrell, Jr. Robert Gregg Williamson Ray Lawrence Burnell, Jr. James Edwin Thomas William Robert Wray Robert Fleming Carter Elbert Satterlee Throckmorton James Richard Cavanaugh John Royster Thurman 3d SIGNAL CORPS Benjamin Keller Chase William Harry Trotter Alford Edward Allen Steven Livesey Conner, Jr. Richard Cabell Tuck Gilbert Chester Anthony Thomas Morton Constant E-dwin Renalcis Van Deusen John Stanley Baumgartner Ja~es Edward Convey, Jr. Harley Eugene Venters James Joseph Dorney Felix Foster Cowey, Jr. · John William Vester Basil Beebe Elmer, Jr. Robert Grewelle Cramer Josiah Ara Wallace, Jr. Gerald Samuel Epstein Charles Dwelle Daniel, Jr. • Donald Scott Watson Harold Clinton Friend Harry Alford Davis, Jr. Edwin Leo Weber, Jr. . - Alexander. Gerardo · John Blackford Dayto:Q Robert Menifee White, Jr. Faison Pierce Gibson Walter Joseph De:J;,ong, Jr. Richard Minter Wildrick 1946 CONGRESSIONAL RECORD-SENATE 5363 Robert Moody Williams John Edward Barth James Burtram Hobson Robert Trent Winfree, Jr. Paul Ingram Barthol John Ala·n Hoefling James Emmett Wirrick Hale Baugh Kenneth Wendell Hughes Harris Harold Woods .James Malcolm Becker Robert Stout Hughes Martin Fish Zorn Calvert Potter Benedict James Samuel Hutchins COAST ARTILLERY CORPS Harold Francis Bentz, Jr. Paul Mills Ireland, Jr. James Luke Andrews, Jr. Robert Hamilton Berry Robert Overton Isbell Alvin Ash Donald Sternoff Beyer Albert Russell Ives, Jr. Shirley Sylvester Ashton, Jr. Frank Earl Blazey Peter Michael Jacula Richard Hamlin Bacon, Jr. Corwin Boake, Jr. Sewall Harvey Emler Johnson William Theodore Bowley Clair LaVern Book John Thomas Jones Lawson Duval Bramblett, Jr. Shepherd Allen Booth, Jr. Clarence Eugene Patrick Jordan, Jr. John Joseph Byrne Truman Everett Boudinot, Jr. Albert Enzo Joy James Elbert Carter Kyle Watson Bowie Warren Stanley Jungerheld Frank Salvatore Caruso Benjamin Francis Boyd William Joyce Kaliff Elmo Eugene Cunilingham Robert Clements Bradley, Jr. Robert Edward Kaplan Robert Samuel Daniel, Jr. Richard Anthony Bresnahan Kent Keehn Ralph Charles Davis, Jr. David Winthrop Brillhart William Raycraft Kelty, Jr. Horace Frederick Derrick Richard Wanless Brunson Clarence Wade Kingsbury Edward Charles Drinkwater, Jr. David Thompson Bryant Richard Martin Kinney John William Dwyer 3d Arthur Johnston Bugh Fred Walter Knight, Jr. James Sewell Elliott J'ack Thomas Cairns Harlan Gustave Koch Stanley Dale Fair John William Callaghan Edmond Alexander Kuna Philip Anthony Farris 3d Roy Cuno Calogeras Harold Francis Lacouture Jesse Albert Fields, Jr. Tom Clifft Qampbell James Von Kanel Ladd Daniel Jarvis Finnegan Robert Harry Case Andrew Wilton LaMar, Jr. John Charles Geary Joseph Roy Castelli Robert Jones Lamb, Jr. Meredith William Ghrist William Burns Castle Benjamin Lester Landis, Jr. John William Gillespie, Jr. Edward Joseph Cavanaugh Wayne Emerson Lawson Jack Bain Hagel Robert Albert Chabot Albert Marshall Leavitt Jerome Vincent Halloran Robert Irving Channen Theodore Julian Lepski Preston Heacock Hibbard · William Edward Chynoweth Daniel Louis Levy, Jr. Daniel Webster Hickey 3d Carcie Clarence Clifford, Jr. William Warner Lewis, Jr. Thomas Vincent Hirschberg David Lapham Colaw Donald Richard Lynch, Jr. Howard Byron Hirschfield James Edward Coleman Alexander Robert McBirney Harold Waldron Horne Robert Reynolds Coller James Hubert McBride Lynn Wood Hoskins, Jr. Edward Joseph Collins Charles Francis McCarty Henry Laurance Ingham 2d Joseph Easterbrook Collins Clarence Edison McChristian, Jr. James Homer Wallace Inskeep Lester. Mykel Conger Thomas Roderick McCormick Edward William Jones Edward Joseph ConJin, Jr. James Madison McGarity Robert Vincent Kime Richard Lansing Conolly, Jr. Thomas Leonard McMinn, Jr. Paul Aloysius Kelley William Thomas Cound Malcolm Eldridge MacDonald Minor Lee Kelso Harry Griffith Cramer Thomas Harold Mahan William Joseph Kenney Pat William Crizer Earl Frederick Markle Stanley Jerome Love Willis Dodge Cronkhite, Jr. Walter Stanley Mattox Robert Watt McCoy Edward Francis Crowley Richard Henry Mealor John Marberger Anthony Angelo Cucolo, Jr. Needham Phillips Mewborn Stephen Andrew Matejov William Stephen Culpepper, Jr. John David Miley Clarence Miles Mendenhall 3d Bert Alison David Jack Harrison Montague Ralph Anthony Meola, Jr. Corbin James Davis Robert Alexander Montgpmery Daniel Reardon Moriarty Samuel Preston Davis 3d Raymond Turck Moore Francis Miller Palmatier Harold Graham de Moya Jack Warren Morris Alexander James Papatones Rolland Archibald Dessert Roy Joseph Mossy William Robert Parker Harold Thompson Dillon, J;p , Morgan Joyce Murphy Ernest Anthony Pepin Robert Sidney Douthitt John William Nance Eugene Vincent Pfauth Loren George DuBois Elmer Raymond Ochs Thomas Edward Pfeifer Walter Arthur Dumas Raymond Emerson Orth, Jr. Howard Ernst Pleuss Robert Batten Dunham Thomas Sawyer Owen George Jewel 'Porter Earl S. Dye, Jr. Alexander Papajohn . Billy McCall Prestidge James Carlisle Egan Thomas Williams Pardue, Jr. Thomas Gaetano Provenzano Paul Miller Ellman, Jr. Joseph Dodge Park .Del Patrick Rovis Benjamin Crabbs Evans, Jr. Eleazar Parmly 4th Richard Lincoln Ruble Robert Nathan Evans Richard Arthur Patterson Robert Irwin Rush Joe Wesley Finley Robert Francis Patterson John Ambler ·sadler Charles Alexander FitzGerald George Smith Patton 4th Frank Carl Schoen Edward Leo Flaherty, Jr. Arthur William Pence, Jr. Robert Xavier Sheffield Herbert Hesselton Flather, Jr. David Merritt Peters Dudley Scott Stark, Jr. Joe Bruton Flores Robert Hazen Philips Robert Warren Storm Harry Arthur Floyd William Redfield Ph11lips Blucher Stanley Tharp, Jr. Samuel Ewing Hill France Richard John Pitzer Raymond Edward Th~yer Philip John Frank Frank William Porter, Jr. Samuel Hartman Title Walter Leslie Frankland, Jr. William Clinton Powers Robert Thomas Wagner DeBow Freed Robert Bradley Rheault Prentice Earle Whitlock Alvin Franklin Futrell Robert Tyler Richmond, Jr. John Scholto Wieringa, Jr. Vincent DePaul Gannon, Jr. Francis Albert Richter Benjamin Bertram Williams John Stuart Gayle Joseph George Rioux Joseph Barnett Rogers INFANTRY Howard Anthony Giebel James Jay Gigante, Jr. Irving Granville Rou11lard Don Walter Adair Roy Wilfred Gillig · William Paul SacHarov Lloyd Senter Adams, Jr. Stephen Eugene Gray Marshall Sanger Donald Gould Albright John Frederick Green John Edward Sauer Peter Gerald Arend Byron Dillingback Greene, Jr. Robert William Seaman Robert Earl Arnold James Morris Gridley Robert George Shackleton William Franklin Ashby Richard Louis Gruenther Leslie Neal Shade, Jr. Grover Woodrow Asmus Alvan Cordell Hadley, Jr. Fields Early Shelton George Raney Bailey,, Jr. Richard Edward Hale ·Robert Morin Shoemaker Francis Rene Baker Milton Holmes Hamilton John Merwin Shultz William Henry Bamber Warren Eastman Hearnes George Silides Kendrick Broyles Barlow, Jr. Stephen Garrett Henry; Jr. Charles Maze Simpson 3d David Eugene Barnett, Jr. Robert Foster Hewett, Jr. William Craton Screven Simpson .Jo}ln Curran Barrett, Jr. John Gillespie Hill, Jr. Christopher Booth Si:r_lClair,, Jr. 5364 CONGRESSIONAL R~CORD-SENATE MAY 21. Rollin White Skilton Keith Dennis Stidham Kenneth Richard Chapman Harry Clayton Smythe, Jr. Robert Chase Toole James David Lloyd Chatfield David Bartholomew Spellman Harlan Winthrop Tucker Everett Eugene Christensen Elmer Gene Sprague Richard Hugh, Turner William Lafayette Clapp, Jr. John Edward Stannard Robert TheOdore Upland Robert Carey Clemenson Robert Lee Steele Norman Wahl, Jr. Philip Lee Clements, Jr. Gale Edward Stockdale C'harles Aloysious Waters, Jr. Alexander Turner Cochran ' Richard Leonard Stone Norman Cooper Watkins Frank Ellswoth Cole William Leete Stone 3d William Hayes Webb Martin Grimes Colladay Stratis John Stratis · Norman Emanuel Weiss Louis Gregory Creveling Robert Tilghman Strudwick CHEMICAL WARFARE SERVICE Evans Read Crowell, Jr. Robert Kniley Swab Thomas Maldwyn Daye Leslie Eugene Thompson, Jr. Delbert Sylvester Barth Eugene Peyton Deatrick, Jr. Richard Tunstall Blow 3d Clyde Roscoe Denniston, Jr. Lewis Burton Tixier Louis Owen Elsaesser Allan Curtiss Torgerson Robert Lee Dobbs Rufus Sanders Garrett, Jr. John Francis Donahue Frank Beckwith Tucker Clyde Bruce MacKenzie Robert Busill Tully John Prescott Doolittle Ralph Hugh Pennington George Stanton Dorman John Emil Vaci William George Simpson Edwin Sanders VanDeusen, Jr. Robert Nathaniel Dash, Jr. Robert Lawrence Walker ORDNANCE DEPARTMENT Frank Adair Doyle Sam Sims Walker Thomas Jacob Agnor, Jr. Richard Lloyd Dresser Paul Shelby·ward Brooke Albert Lloyd Leslie Dunlap, Jr. Joe Holleman Warren, Jr. Wayne Stetson Anderson Robert John Eichenberg Albert Dunbar Wedemeyer Robert Edward Bassler, Jr. William John Evans James Clyde Welch, Jr. Jerry Dixmer Bowman Robert Lee Eyman Anthony Patrick Wesolowski Russell Raymond Boyd Max Milton Feibelman· Charles Leroy Wesolowsky Walter It'rancis Eanes Salvador Enrique Felices Percy Louis Wheeler John Chambers Fischer Harold Paul Fox, Jr. Robert Doyne Woodley White James Drummond Fitzgerald Philip Henry Fryberger William Jackson Whitener William Carl Fuller James Bjarne Furuholmen John Day Whitmore Benjamin Andrew Gay Richard Russell Galt Jere Otis Whittington . John Robert Grace Wilfred Everett Gassett, Charles Gurley Williamson, Jr. William Charles Hall Hobart Raymond Gay, Jr. Minter Lowther Wilson, Jr. Arthur Edward Hansen Thomas .Gibbs Gee Abraham Wolf ·Robert Johnson Hefferon Lawrence Norman Gordon Allen Howland Wood 3d Benjamin Tullidge Hill, Jr. Mose William Gordon, Jr. William Heaton Young James Karnes Hoey Robert Thomas Gorman Keith Burns Zimmermann Charles Maples Jaco, Jr. Jesse Edwards Green QUARTERMASTER CORPS Arthur William Jank William Aiken Griffin David Seifers Lane Donald Ingram Hackney Robert _Wallace Allen John Randolph Mathias Frederick LeRoy Hafer Calvin Lincoln Arnold Lawrenoe Miller Frank Stevens Hagan Charles Pitman Baker 3d Rocco Anthony Petrone Guy Edward Hairston, Jr. Edmund Keith Ball Wade Hampton Pitts, Jr. Francis Frazee Hamilton William Randolph Bigler Raoul Jean Quantz Gilbert Stewart Harper, Jr. William Clarence Bishop, Jr. Maurice Serotta Edgar Starr Harris, Jr. Rodney Alger Blyth Euge9-e Gibb Sharkoff William Martin Harton, Jr. Henry Hermann Bolz, Jr. George Elmer Sheffer, Jr. Charles Judd Hauenstein Ruel Fox Burns, Jr. Samuel Charles Skemp, Jr. Harrison Howell Dodge Heiberg, Jr. Carshall Carter Carlisle, Jr. Vernley Fred Thomas James Edwin Hildebrandt Roland Stephen Catarinella Kenneth Cruikshank VanAuken . Steve Edward Hilovsky Jesse Joseph Cohen Richard Harding Walker George Walter Hirsch, Jr. John Peter Daneman John William Wiss Herbert Ziegler Hopkins, Jr. Robert Francis Dickson AIR CORPS Philip Bird Hopkins, Jr. Donald Warren Dreier Clarence Frost Horton, Jr. Ralph Louis Ellis George Talmage Adams, Jr. Roy Ritter Hudspeth William Gilfillan Gavin Ranald Trevor Adams, Jr. James Donald Hughes Raymond Howard Glatthorn Lew Allen, Jr. Senour Hunt Daniel Orrin. Graham Anderson Watkins Atkinson James Patrick Hurley Clifton Wellington Gray, Jr. William Denton Baisley Merl Galbreath Hutto George Edward Hall, Jr. John Alan Barricklow John Carl Ingram Alexander Earl Halls John Copeland Bartholf Benjamin Elliott !vie, Jr. Alfred Carl Haussmann, Jr. Walter Donald Bauchman Jack Wa-llace Jackson Bernard Janis Benjamin Neil Bellis William Henry Jenkins James Wiley Johnson Myron Jefferson Benefield Ernest Delay Jernigan, Jr. Richard Allan Johnson John Linden Bennett Gerald Marshall Jones John George Kamaras Truman Kent Berge, Jr. Richard Allan Kellogg Harrison Benson Kinney Waldron Berry Benjamin Wall Kernan Martin Al Kutler Alan Homer Birdsall Jack Quentin Kimball Robert Alexander Land Thomas David Blazina Harry Russell Knight Beryl Leve Jack Lowman Bodie Alden Davis Korn Edward Francis McCue Grayson Hunter Bowers, Jr. William Welcome LaMar John Calvin McWhorter, Jr. . Davi_d Denison Bradburn Richard Earl Lamp Daniel Francis Mahony .Edward Joseph Brechwald Thomas Corbett Langstaff Joseph Otto Meerbott, Jr. Charles William Brosius Cecil Carlyle Larson Thornton Mitchell Milton William Wesley Brothers, Jr. Gene Kenyon Lawson Theodore Giles Montague, Jr. James Eugene B1·uce Edward Adams Lembeck 2d Oliver Moses 4th Charles Edward Buckingham Roger Horace Lengnick John Miles O'Connor Robert Clarence BUckley Frank Gibson Lester Gordon Henry Oosting Richard Benton Burgess Harrison Lobdell, Jr. Clifford Hutton Parke, Jr. Robert Oscar Burke Lewis Benjamin Castle Logan Roscoe Ellwood Patton Walter Burnside, Jr. Edmond Charles Longarini Bernard Allen Petrie Jerome Frederick Butler Robert Mason Lowry, Jr. Reuben Pomerantz Joseph Fred Buzhardt, Jr. Donald Alfred Lundholm Ephren Lloyd Powers Laurence James Cahill, Jr. Joe Fenton Lusk William Gibson Richards Burton Gordon Cameron Walter Alfred Lyman Willis Ervin Schug, Jr. James Thomas Carbine, Jr. Malcolm Means MacWilliams John Morris Schuman, Jr. Richard Glenn Carnright Edward E. Fred Majeroni William Thaden Seeber , Edward Milton Carr John Alexander Martin Thomas Jefferson Stapleton Johnny Rudd. Castle William Henderson Mason 1946 :OONGRESSIONAt-- - RECORD:.__HOUSE- - 5365 Benjamin Ransom McBride To be second lieutenant, with rank from NIAGARA FALLS BRIDGE COMMISSION Andrew Alexander McCoy, Jr. June 5, 1946 Mr. ANDREWS of !'few York. Mr. Robert Hugh McDougal COAST ARTILLERY CORPS John Donald McGregor Speaker, with the approval of the ma William Irving McKay Roland Arthur Kline jority and minority leaders and the Joseph Tomlinson McKinney chairman of the House Committee on Cornelius McMillan, Jr. CONFffiMATIONS Foreign Affairs, I ask unanimous con Harry Joh:Q McPhee, Jr. sent for the immediate consideration of Eugene Emil Melo Executive nominations confirmed by the joint resolution