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

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

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 arbitrati

• 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