510 CONGRESSIONAL RECORD - SENATE January 28 and for other purposes; to the Committee on By Mr. SIMPSON of Pennsylvania: Education and Labor. H. R. 6229. A bill to repeal the 10-per­ SENATE By Mr. COLE of New York: cent surcharge on postal cards; to the Com­ H. R. 6216. A bill to amend the Social Se­ mittee on Post Office and Civil Service. MONDAY, JANUARY 28, 1952 curity Act, as amended, to permit individuals By Mr. BERRY: entitled to old-age or survivors insurance H. Con. Res. 189. Concurrent resolution re­

He ls an honorary citizen of many Italian France during World War I. He directed Since then I have heard from a great and Austrian cities. He was president of the antityphus campaign in Serbia in 1919- many dairy organizations in my State, the Association of Military Surgeons of the 20. He was the Army's delegate to the Inter- . reemphasizing the imperative necessity United States in, 1947-48, and is vice presi­ national Congress of Military Medicine on 10 of maintaining section 104 on the stat­ dent general of the Society of the . occasions. ute books. They point out. and very He was a fellow of the American Academy of FOUNDED DELTA OMEGA Arts and Sciences, the American College of General Hume was a member of 39 medical, rightly, in my opinion, that it is com­ Surgeons, the American College of Physi­ historical, and honorary societies, associa­ pletely inconsistent for Uncle Sam to cians, the Royal Society of Edinburgh, and tions and clubs. He was founder and na­ support the price of butter at 66 cents a other learned societies, including the Acade­ tional president of Delta Omega. Only 8 days pound and yet to permit a flood of for­ mies of Medicine of Washington, Rome, ago, as vice president-general of the Society eign butter to pour into this country at Madrid, Mexico, Rio, Lima, and Bueno Aires. of the Cincinnati, he presented the society's 50 cents per pound. They point out that He is a diplomat of the American Specialty membership badge to British Prime Minis­ it is completely inconsistent for the De­ Board for Neurology and for Internal ter Churchill. partment of Agriculture to urge Ameri­ Med~ine. General Hume was the son of a doctor. He General Hume died January 24, 1952, at received his bachelor's degree at Centre Col­ can dairymen to increase production, so Walter Reed Army Hospital. lege, Ky., in 1908, and his degree of doctor of as to help feed our own population and PROMOTIONS medicine from Johns Hopkins in 1913. He the world, and at the same time for the He was promoted to captain and to major was graduated first in his class from the Department of Agriculture to oppose March 28, 1918; to lieutenant colonel (tem­ Army Medical School in 1917. reasonable restrictions on the incoming porary) April 2, 1918. He reverted to his A widower, General Hume is survived by a. flood of foreign products which would permanent rank of major June 9, 1920, and son, First Lt. Edgar Erskine Hume, Jr., sta­ simply serve to depress domestic pro­ was promoted to lieutenant colonel January tioned at Fort Knox, Ky.; a sister, Mrs. duction. 14, 1937; to colonel (temporary) June 26, Eleanor Hume Offutt, of Frankfort, and a grandson, Edgar Erskine Hume llI. They point out that it is inconsistent 1941; to colonel (permanent) January 14, for the Department of Agriculture to 1943; to brigadier general (temporary) Jan­ say. "Repeal section 104 and you can get uary 14, 1944; to brigadier general (perma­ [From the Louisville (Ky.) Courier-Journal ment) April 27, 1948; to major general (tem­ of January 26, 1952) the same protection from other stat­ utes." If the Department of Agriculture porary) May 27, 1949, with date of rank from WORLD IN DEBT TO A GREAT KENTUCKIAN April 27, 1948. and the Department of State believe in Only 3 months ago this page took note of protection for dairy production, why are [From the Washington Evening Star of the Army's award of the Distinguished Serv­ they unwilling to have this particular January 24, 1952] ice Medal, for the third time, to a famous Kentuckian, Maj. Gen. Edgar E. Hume. It statute remain on the books? The an­ GENERAL HUME, MOST DECORATED DocTOR IN was an occasion to say of him that he was swer is that other statutes simply do not ARMY HISTORY, DIES-Ex-MEDICAL OFFICER "by proven record one of the most valuable provide a basis for prompt, expeditious OF U. N. FORCE HELD 3 DSM's, FIVE SILVER men in Army ·uniform-and, it might be protection, whereas this particular stat­ STARS added, in the world today if an infiuence in Maj. Gen. Edgar Erskine Hume, 62, re­ saving lives beyond calculation is the basis ute does. cently retired chief medical officer of United of judgment." Now, Mr. President, it may be argued Nations forces in Korea and the most decor­ Nothing more may be said, of course, now that the dairy industry is simply think­ ated medical officer in American history that this native of Frankfort is dead. But ing in terms of itself in seeking to retain died today in Walter Reed Hospital. it should be repeated. As chief surgeon of section 104 of the defense production Death apparently was due to a heart at­ the Far East command and medical director­ law; but I say to you that we cannot ex­ tack. He was taken to the hospital last general of the U. N ~ in Korea, General Hume night from the House, head­ headed a service which reduced the death pect the dairy industry to accomplish the quarters of the Society of the Cincinnati, rate from combat wounds to 1.8 percent. In impossible. No one is going to produce patriotic society of which he was vice presi­ World War I the rate was 8 .1 percent; in goods unless he can be assured of rea­ dent-general. World War ll, 4.5 percent. In war and peace, sonable profit. If he is convinced that A native of Frankfort, Ky., General Hume on mission, and in active service (he was a his economic throat is going to be cut. was an internationally known medical figure three-time Purple Heart wearer), he had gone and his career was one of the most brilliant about a conquest of disease and death. Forty you cannot expect him to produce. If he in military history. Decor~ted by all three foreign nations had given him, for his tri­ is convinced that he cannot possibly military services, his medals included three umphs over epidemics among them, medals, compete- with foreign producers who distinguished Service Medals, five Silver orders, and professional degrees. have lower labor costs, lower health Stars, and four Purple Hearts. He was the General Hume retired with the new year. only medical officer to have been wounded standards, and lower costs all along the He was not long to enjoy the rest that he, line, then there is no reason for him to in both World Wars and in Korea, where he as few other men, deserved for ceaseless suffered two wounds. labors in the service of mankind. It was the continue in dairy production. TWENTY-THREE HONORARY DEGREES kind of positive service that may be meas­ As an indication of various grass­ Thirty-nine foreign powers honored Gen- . ured and the world is better for it. New roots opinions throughout my State on eral Hume with decorations and he held 23 knowledge and hope are its fruits. this issue, I am appending hereto the honorary degrees, 13 of them from foreign text of various appeals which have come universities. His own studies earned him 10 degrees, and he was author of some 300 books REPEAL OF EMBARGO ON IMPORTATION to me from my state. I ask that they be and papers. His honors included a colonelcy OF CERTAIN COMMODITIES printed in the body of the CONGRESSIONAL in the Royal Serbian Army and honorary RECORD at this point. citizenship of 40 Italian cities. The VICE PRESIDENT. The Chair lays before the Senate the unfinished There being no objection, the letters The only medical officer to serve in Italy were ordered to be printed in the RECORD, during both World Wars, General Hume was business. commanding officer of The Senate resumed the consideration as follows·: hospitals during the first war in Italy, where of the bill

.- 1952 CONGRESSIONAL RECORD- SENATE 535 Oregon when we submitted the amend­ cause of the discussion which we heard Mr. THYE. Mr. President, will the ment that it would be interpreted as be­ in the Senate a few days ago. The pro­ Senator yield? · ing discretionary. Certainly that was vision was never intended to restrict the Mr. MAGNUSON. I yield to the Sen­ our intention. I do not believe in a pol­ importation of blue cheese or any other ator from Minnesota. icy of enacting mandatory provisions item. It was merely a section providing Mr. THYE. Mr. President, it is very applicable to the executive departments that· there might be expeditious action true that the question has been before when they have to reach determinations with respect to certain importations the Senate, although there apparently relative to foreign trade, inasmuch as upon a proper finding to the effect that has been no effort to obtain a vote on it. such matters require considerable flexi­ they were harmful to a Government tax­ It is now 2: 45 o'clock, and at this mo­ bility and discretion. Of course, as has supported program, and only at such ment no Senator is endeavoring eith~r been well pointed out, the responsibility time. But blue cheese got into the argu­ to bring this question to a vote or to for making the basic decisions regard­ ment because it happened to be affected dispose of the subject. Therefore the ing foreign trade lies with the Congress. the only time the provision was used, as Senator from Washington is entirely At any rate, the Department of Agri­ I understand, within the year. But the correct in intimating that we have culture interpreted section 104 as being Department of Agriculture, which has wasted far too much time of the Senate mandatory and as requiring it in a given manifested a dislike of this provision, upon a study of this question, or, ap­ set of circumstances to impose given and which stated that it was mandatory, parently, in keeping it before the Sen­ quotas. saw fit 1 day before the , expiration of ate as the pending measure. But we Section 104 provides that the Secre­ the Second War Powers Act to apply the are getting no action whereby we could tary may, upon a given set of circum­ same section to certain other items. I dispose of it one way or other. stances, so find. I admit that the last should like to refer to Defense Food Mr. President, if the Senator from sentence of section 104 is to the effect Order No. 3, a news release dated Wash­ Washington will yield further, I should that if and when that is done and the ington, June 29, 1951, in which the De­ like to inquire of him whether it is not Secretary makes the finding, the Presi­ partment of Agriculture said that for true that imports of cheese may come dent shall impose quotas. However, several years commodities had been sub­ into the United States under the present section 104 does not say what kind of ject to import controls under the Agri­ section 104 restrictions to the extent of quotas shall be imposed, OJ" what the cultural Import Order previous to War about 70 percent of the imports which limitations shall be, or in what amounts Food Order G3, which was the authority came in, in the highest calendar year they shall apply; but that section merely for import controls on fats and oils, in­ which was the calendar year 1950? I says that the Secretary shall make such cluding butter, rice, and so forth and am unable to see that any injury has findings. so on. been done insofar as the relationship Whether the executive department In the announcement it is also stated between this Nation and other coun­ wished to interpret the section as being that licenses will be granted only for the tries is concerned, when there may come discretionary, I do not know. At any importation of certified and registered into the United States 70 percent of the rate, because I believed that the section items, mentioninG" seed fl.ax and certain imports which came in during the calen­ should be interpreted as being discre­ other items. But the officials of the De­ dar year 1950, which was the highest tionary, I even went so far as to send to ·partment stated that it was necessary to year with respect to the importation of the conference committee a communica­ restrict the commodities listed in De­ certain of the choice cheeses or some of tion in which I suggested that if in the fense Food Order No. 3 in the interest the foreign cheeses. conference it was possible to include a · of national defense; and it proceeded to Mr. MAGNUSON. The figures were statement to the effect that the amend­ make the order immediatley preceding placed in the RECORD, and I am sure the ment should not be interpreted as being the expiration of the Second War Powers Senator's figures are correct as he has mandatory, that would be agreeable to Act. That was done to extend the given them, but in my opinion an im­ me. However, it turned out that be­ authority. pressia.n has been created here that sec­ cause the Andresen amendment was Section 104 is not inconsistent with tion 104 imposes some kind of embargo. identical to my amendment, word for reciprocal trade agreements, except in­ The fact is that all kinds of imports are word and comma for comma, it was not sofar as it protects us regarding agri­ being made, and there is no restriction subject to being changed in the con­ cultural programs which it is necessary upon them except in special instances, ference committee. So section 104 went tor us to support. Of the 10 coun­ and only with respect to a certain por­ into the bill and finally became a part tries which the Senator from Arkan­ tion of the imports. There is no em­ of the law, the Defense Production Act. sas said had protested this provision as bargo as the Senator says. Foreign To judge from the opposition at this some sort of technical breach of good countries are sending us all sorts of com­ time downtown and at the other end of faith in respect to reciprocal trade modities, and we want them. We want the Avenue, if that is any indication of agreements, eight of them had similar the reciprocal trade agreements to func­ what the opposition was at the time provisions in their own laws for the pur­ tion. Yet, Mr. President, I feel sure that when the bill was passed, I suppose pose of protecting themselves, as they were the same countries spending their that if section 104. had been incorpo­ should have, in connection with Govern­ money in agricultural price-support pro­ rated in a separate bill, it might then ment-supported programs. grams, and if they were to find that we have been vetoed. However, I shall not Section 104 need not be used except were shipping to them the particular undertake to prophesy about that now. in cases of emergency. It may be that commodities in question, which would I want to be perfectly frank. It• was a an emergency existed in respect to blue result in great losses to them on their part of the Defense Production Act, and cheese; I do not know. But it applies merely a continuation of the broad to a specified broad group of items support programs and· even jeopardize powers under the Second War Powers in connection-even the Department of such programs, in all fairness and jus­ Act, which had been in existence for 10 Agriculture has used it on occasion. No tice we would have to agree that they long years, and which have not hurt one said anything then. No one in any would be entitled .to protect their own anyone. This provision did not go as of the other countries protested when interest. far as some of the other provisions. It the Department of Agriculture used the Mr. THYE. Mr. President, will the is now sought to repeal it. authority under the Second War Powers Senator yield? Because it was known that we could Act, though it was much broader than Mr. MAGNUSON. I yield further to not continue to deal with this impor­ this and had been in existence for 10 the Senator from Minnesota. tant matter indefinitely under the De­ long years, whereas this was made ap­ Mr. THYE. Mr. President, it is most fense Production Act and that there had plicable for but 1 year. ·unfortunate that statements have been been some misunderstanding, we de­ issued by the State Department in the liberately limited the application of sec­ Mr. President, the Senate has many tion 104 to 1 year, and it expires on important things to consider-at least nature of propaganda against section June 30. In the meantime, it has been there are some I can think of-yet we 104. If I desired to do so, I could give used once, and that was in relation te> have taken almost a week of the Sen­ the name of an individual in the State blue cheese. I know nothing about blue ate's time now to act upon the repeal Department who addressed the annual cheese nor do I have any particular in­ of a law, which of itself will expire on meeting of the extension county agents terest in it. But blue cheese was the June 30. and home demonstration agents at St. 536 CONGRESSIONAL RECORD - SENATE January 28 Paul, in the course of which addresses at­ of being stored in warehouses which which expires by limitation on June 30. tacks were made on section 104. I sub­ were not refrigerated. I have no definite information from the mit that if they have time to travel all Cheese production was expanded House on this question. I appreciate over the United States of America, in throughout the United States, more espe­ the fact that we should not determine order to disseminate propaganda against cially in Wisconsin and Minnesota, and our action on the basis of what the this type of legislation, and particularly as soon as we reached the peak of that House may or may not do, but with so against this piece of legislation, then I expansion the war came to an end. much to do, we must take that point believe that as we reexamine the appro­ Then we were faced with the constant into consideration. priation request which has been sub­ threat of imports because of our favor­ It is my understanding that the House mitted to us, it would be advisable for us able prices and because our dollars were committee will begin hearings in 3 weeks to consider every item eontained in the higher in value than was any foreign or 30 days on the question of the exten­ appropriation request, to make certain monetary unit. sion of the Defense Production Act of that we reduce the so-called travel ex­ For that reason, Mr. President, we have which section 104 is a part. That would penditures of State Department officials, continued the restrictive measures mean that if we should repeal that sec­ if such travel allowance is to be used for against the imports of fats and oils. tion, we would be marching up the hill the purpose of going forth to attack When we noticed the huge importation and then marching down again. In all legislative measures which have been of cheese, we immediately commenced probability, the H0\.1.Se will take up the enacted by the Congress. to give some study to the question of question of the extension of the Defense I was quite surprised when I found erecting a barrier which would hold Production Act. If this section should that a gentleman representing the State back such importations from our mark­ be repealed, the President of the United Department whose name was on a pro­ ets whenever it was necessary in order States would have on his desk a bill to gram at the annual meeting of the ex­ to maintain our own dairy prices. repeal an act which would expire in a tension workers in St. Paul had de­ Dairy prices in the United States have few weeks. I do not see much legislative liberately mentioned section 104 in his hovered around 88 percent of parity to sense in that. I suggested that we let attack. I can tolerate some politically the producer. That percentage of par­ minded individuals making certain poli­ ity will not permit the number of dairy the matter go and give those who have tical attacks, but when a representative cows needed for our own domestic con­ a deep interest in the question, the farm of the State Department attends a meet­ sumption over a period of 5 or 10 years. organization~ an opportunity to come ing of extension workers and uses such So the dairy cow population in the before the Senate and House commit­ a meeting for the purpose of attacking United States has decreased by approxi­ tees, when they hold their broad hear­ legislative measures enacted by the Con­ mately two million in the most recent ings on the extension of the Defense gress, I think Congress should examine postwar years and the trend continues. Production Act, which expires on June very carefully into the appropriations Unless we can arrest it and hold our 30. They can work out something. But granted. dairy prices at a little higher level than no one seemed to want to accept that There is no embargo on the imports 88 percent, we shall see more dairy cows suggestion. I had some discussion with of fats and oils or cheese under section going to slaughter and we shall see fewer representatives of the State Department 104, but there are some provisions which dairy heifers saved annually, with the to whom I made that proposal. concern the duties of the Department of result that our dairy-cow population will As I stated a few days ago, I have an Agriculture, the State Department, and be greatly decreased in the next 2 or 3 amendment which I hope will bring the President, insofar as imports are years. The time may come when we about the desired result. I do not see concerned, when we have a support pro­ shall see inflationary prices of dairy much practical sense in this matter, but gram which has cost the Government a products as we have noted them in con­ so long as the question has arisen, I wish large amount of funds to maintain par­ nection with beef and mutton. the Senate to understand the back­ ity with reference to a commodity. All Mr. FERGUSON. Mr. President, will ground of the amendment and also to we have to do is to examine the index the Senator from Washington yield?, understand clearly the motives of those prices of fats and oils, whether they be Mr. MAGNUSON. I yield. who have submitted it. Surely by sec­ butter, tallow, lard, cottonseed oil, lin­ Mr. FERGUSON. Mr. President, the tion 104 there was no intention whatso­ seed oil, or any other oil, in order to know Senator from Minnesota indicated that ever to interfere with the theory of recip­ what the imports are from time to time, representatives of the Secretary of State rocal trade agreements or to do some­ so that we shall not on the one hand pay appeared in Minnesota. Did they advo­ thing which we would not suggest some out huge sums of money in support of a cate the repeal of section 104? other country with the same problem commodity, and on the other hand watch Mr. THYE. Mr. President, there was should do themselves. I do not under­ the imports pour into this country from stand how there could be any criticism only one reason why they mentioned sec­ of that. foreign nations which cannot find a de­ tion 104-in order to create public opin­ sirable market except in the United ion that would support the repeal of sec­ Again, let me point out to the Senate States for two reasons. One reason is tion 104. the preamble to GATr in Geneva, which that we have supported agricultural I read to the Senate at great length and Mr. FERGUSON. The Senator real­ discussed in the old Senate Chamber, commodities, and the other reason is izes, does he not, that that is a violation that our monetary unit is higher than which provides for the very proposal we of a criminal statute which prohibits are discussing. It was realized that that of most foreign countries. For any department or agency of Govern­ those reasons foreign producers find the some ~ountries had government-sup­ American market better than any other ment from issuing propaganda, or spend­ ported programs, and there had to be market in the world. Consequently, ing money for that purpose, which they some flexibility in order that they might they will ship commodities into the would have done in this case by going be protected, not by placing an embargo United States whenever we allow them to to Minnesota to advocate the repeal or on anything, but by adopting a reason­ do so. We now have a restrictive meas­ the passage of legislation. Not only able two-way street for exports and im­ ure that holds back unreasonable im­ should they be dealt with in the Appro­ ports. ports. priations Committee, but the Attorney Mr. WELKER. Mr. President-­ Mr. President, at the outbreak of General should take action under the Mr. MAGNUSON. I yield to the Sen­ World War II we were faced with the criminal law to prohibit the use of funds ator from Idaho. necessity of producing a food product appropriated by Congress for such a Mr. WELKER. I wish to thank my which would contain fats and oils and purpose as that mentioned by the Sen­ distinguished friend and colleague from at the same time would be nonperishable, ator from Minnesota. It is a violation my neighboring State of Washington for because there were not sufficient cold­ of the law. the learned and profound approach he storage facilities in England and else­ Mr. MAGNUSON. I do not know has taken to this matter. He is very well where where our troops were stationed. anything about that. informed upon a matter which is of seri­ At that time our dairy industry was en­ As I stated previously, the law expires ous import to the economy of the people couraged to expand its cheese produc­ on June 30, this year. The Senate has of my State of Idaho, and I wish to ask tion in order that we might produce a many important measures to consider, him a question. food which was high in oil content, high and we have spent a great deal of time I have noted in the debates that one of in protein, nonperishable, and capable with reference to the repeal of a section the farm organizations, the National 1952 CONGRESSIONAL RECORD - SENATE 537 Farm Bureau Federation, has approved VIRGINIA FARM BUREAU FEDERATION illustrates the difficulty with this whole repeal of section 104. I have further RESOLUTION matter. Section 104 would not now be noted that many of the State Farm IMPORT CONTROLS OF DAIRY PRODUCTS under consideration, and the suggestion Bureau organizations a1~ e directly in op­ The dairy industry is one of the largest that section 22 should be amended would position to the position taken by the and most important of the Nation's agricul­ not have been brought before the Con­ national association. tural enterprises. The continued mainte­ nance of its present sound economic position gress, if prompt action could be had in Can my distinguished friend from these matters. But the experience of Washingfon enlighten the Senate upon is a matter of great concern, not only to the industry itself but to the Nation as a whole. everyone has been that it is not possible that matter? The importati9n of dairy· products on an to act promptly; that i~ is like locking Mr. MAGNUSON. Yes, I shall be glad unrestricted basis from foreign countries, the barn door after the horse has gone to do so. It is true that the National using low-cost labor, wotild prove disastrous and the damage has been done. r Farm Bureau Federation, at the national to our dairy industry. I suggested to the Secretary of State level, has sent a letter, which is in the We, therefore, urge that the reasonable safeguards designed to prevent the unre­ no longer ago than today that all the RECORD, suggesting the repeal of section misunderstanding about section 104 and 104. I may say to the Senator from stricted importation of butter, cheese, and other dairy products, as contained in section section 22 might be removed if there Idaho that that letter is somewhat simi­ 101 of the Defense Production Act, be were suggested a way whereby people lar to the letter which the President of retained. who might be injured by certain exports the United States sent to Congress. In its letter, the National Farm Bureau or Government departments which MINNESOTA FARM BUREAU FEDERATION I!light be injured, cou'd expeditiously Federation suggests that the main rea­ RESOLUTION get relief. son for the repeal is that there are other DAIRY methods and means of accomplishing Why cannot the President act what is sought to be accomplished by The Minnesota Farm Bureau Federation promptly? I have no doubt that the will fight against the proposed repeal of sec­ · President would wish to act promptly, section 104. I shall discuss those later. tion 104 of the Defense Production Act which If that were true, I should think there limits the importation of foreign-produced and he has so acted in some cases, but would be some merit to their suggesting fats, oils, butter, and ci:eese. by the time a request reaches the Presi­ repeal, although even then, as a practical dent for his approval or disapproval, the matter the merit would be meager, since damage has been done. That has been OKLAHOMA FARM BUREAU the experience. in any event the law is going to expire. To eliminate the necessity of increased But at the national level the Farm expenditures for price supports, be it re,. Some of the objections by opponents Bureau Federation did send a letter. It solved that our congressional delegation be of section 104 make much of this point. was not concurred in, I may say to my urged .to retain the existing restrictions on In its report, as I have pointed out, the distinguished friend from Idaho, by local the importation of edible oils, fats, and dairy committee contends that section 104 is State bureau federations. products until a workable legislation be not necessary, and they cite their rea­ I have here resolutions from the Farm enacted by Congress to protect our dairy sons for this conclusion. First, the com­ Bureau Federation of my own State of industry. mittee contends that section 22 of the Washington, the Tennessee Farm Bureau Mr. MAGNUSON. Mr. President, I Agricultural Adjustment Act creates Federation, the Tlirginia Farm Bureau understand there are several other State orderly machinery "to prevent undue Federation, the Minnesota Farm Bureau farm bureau organizations that have interference with price support and Federation, and the Oklahoma Farm Bu­ not acted, but they have not concurred other programs undertaken by the De­ reau Federation, which are components in the resolution of the national feder­ partment of Agriculture." of the National Farm Bureau. I ask ation. I am informed there are other Many Senators will recall that over that these resolutions be printed in the organizations to be heard from, among a period of months the junior Senator RECORD. them the National Grange. This organ­ from Oregon and I have carried on the There being no objection, the resolu­ ization has sent me a telegram, not re­ fight for the amendment. That is one tions were ordered to be printed in the garding section 104, but suggesting that of the reasons for this discussion. Orig­ RECORD, as follows: . we should have as permanent legislation inally in our amendment to section 22 WASHINGTON FARM BUREAU FEDERATION a section either clarifying section 22 to we sought to streamline the method of . RESOLUTION a greater extent or a section similar to operation. We did not succeed, but we SECTION 104 OF NATIONAL DEFENSE ACT it, with provisions similar to those of tried and have been trying for some We believe that repeal of that part of sec­ section 104, that might grant discretion­ time. We have tried to do it during tion 104 of the National Defense Act relating ary leeway in the matter of injurious the l;:tst four sessions of Congress. We to embargo on certain dairy products would imports. finally succeede i in getting the most be detrimental to our best interests by per­ Mr. President, in discussing this mat­ damaging provision of the section re­ mitting the importation of foreign dairy ter the othe:.: day, the Senator from vised, but to date Congress has not seen products at less than our support prices and Arkansas [Mr. FuLBRIGHT], reading the fit to accept the recommendations for Increasing the cost of our support program, streamlining · and simplifying the pro­ and bringing about a general weakening of letter from the President of the United our dairy markets; therefore we are in favor States recommending repeal of section cedures entailed in this section. of continuing that part of section 104 of 104, suggested that the Senator from Let me cite a single example. This is the Defense Production Act, as it now is. Washington apparently did not have one with which I had some personal ex­ confidence in the statement of the Presi­ perience-and it does not involve blue TENNESSEE FARM BUREAU FEDERATION dent of the United States, that if some cheese. RESOLUTION of the things anticipated happened, he In my State there is a very small nut . IMPORTATION OF FOREIGN BUTTER, CHEESE, would act promptly. industry which raises filberts and wal­ DAIRY PRODUCTS, FATS, AND OILS- As the Senator from Arkansas knows, nuts. It is not a very large industry, like Section 104 of the Defense Production Act I have great confidence in the President the southern soft-pecan industry, but of 1950, added by way of amendment on of the United States. I have had many there are a few farmers who supplement July 31, 1951, provides in substance that foreign butter, cheese, dairy products, fats occasions to express such confidence, some of their crops with nuts, particu­ and oils, peanuts, rice, and rice products may both politically and otherwise. I have larly filberts. Such production is also not be imported during the present fiscal year confidence that the President meant carried on in the State of Oregon. 1f the Secretary of Agriculture finds the im­ what he said in his letter. However, An application for relief was filed un­ ports would: (a) Impair or reduce domestic the trouble is that the President could der section 22, in September 1948. Three production; (b) interfere with orderly do­ not act promptly in this matter, even if years later, in December 1951, the case mestic storing; or ( c) result in unnecessary he wished to, and that is one reason for was finally decided in favor of the origi­ price support operations. • section 104. There is considerable sentiment fostered nal contention of the growers. Even un­ by t:qe State Department for the repeal of The committee report made much of der normal peacetime conditions such this amendment. the fact that there were other means tardy action would be excusable; but un­ We urge that any efforts for the repeal of by which to accomplish what is provided der the emergency conditions now ob­ this amendment, thereby permitting the im­ by section 104. I suspect that the Presi­ taining, of course. it could not be toler­ portation of these products, be most stren­ dent in his letter was indicative that he ated. We need sharper and more inci­ uously opposed. was rely upon those other means. That sive tools. 538 . CONGRESSIONAL RECORD - SENATE 'January 28 I cite that case because it is a case of Mr. AIKEN. As I recall, that pro­ Mr. AIKEN. I am not sure that I which I had some personal knowledge, cedure was used back in 1939 frn.· the pur­ agree with the Senator from Washing­ I suppose I could stand here from now pose for which it was intended, and it ton that we should remove mandatory until tomorrow afternoon at 3 o'clock has not been used since for the purpose provisions in legislation, because that and recite instance after instance in which is intended by section 104. seems to be the only way, in some in­ which those who needed some relief, or Mr. MAGNUSON. That is correct. stances, to get the executive branch of at least thought they did, went through Mr. AIKEN. Under section 104 the the Government to carry out the intent the cumbersome, complex, and slow Secretary of Agriculture can determine of Congress. procedure of going to the Tariff Commis­ whether import quotas shall be raised Mr. MAGNUSON. I know that there sion. I think I am very close to correct or lowered. are those who wanted the provision to when I state that the average time re­ Mr. MAGNUSON. He can go either be mandatory~ but I say that my original quired on each case before the Tariff way. intention was not to hav.e it mandatory. Commission runs from 16 to 18 months. Mr. AIKEN. He is in a better position Mr. AIKEN. I agree that perhaps a By that time all the damage is done. than is the President to know the situ­ certain amount of discretion should be That length of time is consumed by the ation and to act promptly. I suppose permitted, but not too much discretion. procedure of the Tariff Commission the President relies to a considerable ex­ Mr. MAGNUSON. Among the rea- - alone. tent upon the advice of the State Depart­ sons for repeal which have been stated, Take the tuna situation. Every tuna ment. I believe that the Secretary of it is said that more flexible statutes are boat on the Pacific coast is idle, because Agriculture probably knows more about in effect to provide protection for the there is no duty on fresh or frozen tuna. what is going on in American agricul­ domestic industry. They are flexible, I know that sooner or later it will be de­ ture, and with respect to the needs of but they cannot provide any protection. cided to put a temporary duty on tuna agriculture and the threats to it, than It is pointed out that section 101 of the until we can work out some reciprocal do the State Department officials. Defense Production Act, section 22 of trade agreement with Japan and other Mr. MAGNUSON. I will say to the the Agricultural Adjustment Act, and countries, which we should do. Even Senator, if he was not present a few section 7 of the Trade Agreements Act those who ship the tuna into the United minutes ago, that the Department of would provide other means for accom­ States know that they are getting a free Agriculture is using the same type of plishing the desired purpose. I pointed ride. That situation has existed for 6¥2 provision, which is even broader, in the out two or three instances in wfiich it months. All the boats are idle. There Second War Powers Act, to do some of was impossible to obtain relief of a prac­ is no way to stop the importations, be­ these things. The Department of Ag­ tical nature. I stated that I could stand cause of the cumbersome procedure. So riculture issued an order the day before here until 3 o'clock tomorrow citing how can prompt action be taken? that provision expired because it felt illustrations. If I wanted to dig around, Mr. AIKEN. . Mr. President, will the that it was necessary to do so. I placed I know that I could find many applica­ Senator yield? the order in the RECORD. tions which have never been acted upon, Mr. MAGNUSON. I yield. Mr. FULBRIGHT. Mr. President, will and which have required a greater Mr. AIKEN. There is no case, is there, the Senator yield? length of time than the average referred in which section 22 has been used to re­ Mr. MAGNUSON. I yield. to. Sometimes the reasons for r.equest­ strict the importation of commodities Mr. FULBRIGHT. As the Senator ing relief were not sufficient, but many which were coming in such quantities as knows, the Department of Agriculture times they were. Even in the cases to be injurious to American producers? believes, as was stated in a letter, and which have been decided, the decision As I understand, there has been no case also stated by the Secretary at a meet­ has usually come 2 years later than the during the past 10 or 12 years in which ing in the office of the Senator from In­ request. The Commission says, "Yes, section 22 has been used effectively. The diana [Mr. CAPEHART] on Saturday the request is well founded, and is Senator from Washington pointed out morning, that there is no discretion un­ granted." However, by that time the one case in which certain procedure was der the terms of this provision. damage has been done. A number of followed, but by the time the point was Mr. MAGNUSON. I pointed. that out. years ago we had a problem in connec­ reached when relief could· be granted, Mr. FULBRIGHT. It is entirely dif­ tion with shingles. I could cite many the emergency had passed. ferent from Public Law 590. other examples. Mr. MAGNUSON. I pointed that out. Mr. MAGNUSON. That is correct. The committee refers to the procedure The procedure in that case was under Mr. FULBRIGHT. I thought the Sen­ under section 22 as affording protection. he general provision in the tariff law ator said it was the same. It also contends that the procedure pro­ which allows the President to make a 50- Mr. MAGNUSON. I stated that I vided under section 7 of the Trade Agree­ percent ad valorem adjustment, up or considered the powers under Public Law ments Extension Act contains ample pro­ down. However, it is necessary to go 590 to be ev.en broader than those under tection. I know something about sec­ through a long and cumbersome proce­ section 104. tion 7, because it was adopted-at least Mr. FULBRIGHT. It is true that dure. I do not recaU any case under this authority is not as broad as the partially-because of the strong case section 22. other, but it is mandatory, and the which the junior Senator from Oregon Mr. AIKEN. I do not recall any case President must act. [Mr. MORSE] and I presented to the com­ in which it was used to decrease imports. Mr. MAGNUSON. I hope we shall mittee, and because of the impact of the As I recall, it was used in the case of not get into a discussion of that ques­ arguments in the Senate during the past long-staple cotton, when it was deemed tion. I stated earlier that there is no 4 years. advisable to increase imports. question that some have interpreted the Let us look at section 7 of the Trade Mr. MAGNUSON. Because of the language to mean that it is mandatory. Agreements Extension Act, under which need for more imports. Among those are the Secretary of Agri­ it is said that prompt action can be had. Mr. AIKEN. Yes. It has been used culture. I stated that, in the first place, Section 7 requires an application for re­ only for the purpose of admitting more I did not believe that it was mandatory. lief to be presented to the Tariff Com­ imports into this country. I stated that I thought it could b.e inter­ nnss10n. It provides that the Tariff Mr. MAGNUSON. I will say to the preted as not being mandatory. Sec­ Commission shall conduct an investiga­ distinguished Senator from Vermont ondly, after the bill was passed, I stated tion, and shall "make a report thereon that I do not know of any case in which that if there was any question as to not later than 1 year after the applica­ section 22 has been used to decrease im­ whether or not the provision was man­ tion is made, to determine whether any ports. Of course, even that procedure datory, it should be changed. I have product is being imported into the United was very cumbersome until we changed indicated to the State Department that States in such increased quantities as it last June. I would be glad to submit an amendment to cmise or threaten serious injury to Mr. AIKEN. That is correct. to make crystal ciear what was meant, the domestic industry producing like or Mr. MAGNUSON. Even now it is not but that suggestion was not accepted. competitive products." That inclwJ.es expeditious enough to handle some of the Mr. AIKEN. Mr. President, will the everything. I know of no case that has conditions which we know are going to Senator yield? been decided in less than a year. By happen with the revival of world trade. Mr. MAGNUSON. I yield. that time the damage is done.

I 1952 CONGRESSIONAL RECORD- SENATE 539 That procedure might be all right in talked to any blue cheese manufacturers. next step, I suppose, would be to have no the case of some manufactured products, I never knew that they existed, so far imports at all. If that is what the Sena­ but i ~ does not work in connection with as this bill is concerned. I believe that tor from Washington wants to have agricultural products, particularly per­ point was brought up last week. Several done, I do not know why he does not jus­ ishable products; and it does not work people have talked to me about the re­ tify his argument on that basis. How­ in connection with a Government-sup­ peal of section 104, but they have not ever, to pretend to be in favor of some ported program. It does not work with been cheese manufacturers. trade and, on the other hand, try to reference to the dairy industry. Cows Mr. FULBRIGHT. Then it is a coin­ knock it out with this kind of arbitrary must be milked. We can make alloca­ cidence. However, the only people who bill seems tC' me to be entirely incon­ tions in the case of wheat, but a fruit made a substantial case before the com­ sistent. tree or dairy animal fo there; one either mittee were the blue cheese manufac­ Mr. MAGNUSON. The Senator from gets rid of it or it produces. A year is turers. The hearings of the committee Arkansas may think it is inconsistent, too late in most of such cases. are available. but it is not inconsistent at all. It is not Mr ..FULBRIGHT. Mr. President, will Mr. MAGNUEON. I do not wish to arbitrary. It does not knock out the the Senator yield? get into a discussion of that subject. It trade at all. The only possible effect it Mr. MAGNUSON. I yield. is not correct to say that the blue cheese could have is an effect on a very small Mr. FULBRIGHT. What does the manufacturers are the only ones who are percentage of imports, of which dairy Senator think about the over-all situa· interested in the bill. All kinds of peo­ products happen to be one item, and tion, under which we export approxi­ ple are interested in the bill. The rea­ then only when imports would injure our mately two and one-half times the son that a great number of people did own program. amount of dairy products that we im­ not appear was because no one believed . Mr. FULBRIGHT. I agree exactly. port? Is the Senator from Washington that the Unitecl States Senate or Con­ That is the very thing that disturbs other willing to jeopardize the favorable bal­ gress would spend a couple of weeks on countries. They can not help but think ance we have in that respect in order to a bill, the provisions of which would ex­ that if we are so arbitrary over small take care of a small segment of an in­ pire in 2 or 3 months. items, goodness knows what we will be dustry, or does he have no interest in Mr. FULBRIGHT. I do not know why like over something that is really import­ the over-all import-export situation? they should not believe it. The major­ ant. It is indicative of an attitude: "We Mr. MAGNUSON. The Senator from ity leader, at the close of the last session, are not going to permit you to sell any­ Arkansas knows that we have an inter­ positively promised that the bill would thing in this country which has even a est in the over-all export-import situa­ be taken up. tiny effect on our imports, and even if tion. I believe it is a very good thing, Mr. MAGNUSON. That was after the only the interests of 20 manufacturers but section 104 is not going t_o hurt it. hearings had been held. of blue cheese out of the total population Mr. FULBRIGHT. Is it the Senator's Mr. FULBRIGHT. The measure was of 150,000,000 people is involved. We are interest only that we export, and per­ of sufficient importance, nevertheless, or not going to stand for it." mit no imports to come in? Does the the majority leader would not have Mr. MAGNUSON. The Senator from Senator think that that is the proper agreed to bring it up. I am sure the Sen­ Arkansas and I are in complete dis­ way to approach the situation? ator from Washington agrees that the agreement on that point. We have dis­ Mr. MAGNUSON. The Senator from majority leader would not bring up any­ cussed it many times. Section 104 does Arkansas knows that I do not think so. thing that was not of importance. It is not have that effect at all. Wt will have Mr. FULBRIGHT. I see no other a very important measure. It deals just as much export-import trade even conclusion that can be reached. with a principle which has already if the Government should exercise its Mr. MAGNUSON. Section 104 does stirred up .10 countries-10 sm;:tll coun­ authority under the section, except with · not prohibit imports, except when cer­ tries, it is true-who will have to accept respect to small amounts, which might tain things happen. Then the percent­ the result, if we want to be so greedy as mean the wrecking of a Government­ age can be moved up or down, 1 percent to exclude imports while at the same supported program and breaking a mar­ or 10 percent. The Senator from Ar­ time try to sell them something. We can ket. I believe we should protect our­ kansas and I have been Members of both do it, of cour ~ e . if 7ve want to do it. selves to that extent. Houses for approximately the same num­ Mr. MAGNUSON. Mr. President, I did We have been very liberal and gener­ ber of years. I have been just as strong not yield to the Senator from Arkansas ous in making trade pacts with other na­ in advocating reciprocal trade agree­ for extensive remarks. He has already tions. I do not think they have anything ments as he has been. Section 104 does spoken on the subject. I do not think we to complain about. Sometimes I believe not stop imports. It applies only when are being greedy. I do not think we are that we should have been more restric­ we are being injured or when we are trying to restrict the bulk of our imports. tive along certain lines. The application involved in an emergency. It does not That is not the situation at all. I am of section 104 would involve only a hurt the trade balance. The foreign trying to point out why the other pro­ small percentage of the imports. Ap­ countries are going to buy just as much. cedures are not available, desirable, or parently it happened with respect to Mr . FULBRIGHT. Mr. President, will practicable. cheese. I did not know about it. the Senator yield further? Mr. I"ULBRIGHT. If the Senator Mr. FULBRIGHT. That is the only Mr. MAGNUSON. I yield. from Washington will yield further, I reason that the subject came up. Mr. FULBRIGHT. The Senator from should like to say that the Senator from Mr. MAGNUSON. I said apparently Washington knows that under section Washington persists in interpreting sec­ it did, although I do not know anything 104, as it is presently applied, the total tion 104 directly opposite to the way it about it. amount of foreign cheese which is being is being interpreted by the executive Apparently this is the only time that permitted to come into the country-- branch. If he wishes to do so, it is per­ there has been an application of the Mr. MAGNUSON. I do not want to fectly all right with me. However, the. provisions of section 104, although the get into the subject of cheese. effect of section 104 is mandatory. It Department of Agriculture, just prior to Mr. FULBRIGHT. That is the only provides for a mandatory of cheese above the expiration of Public Law 590, exer­ item that is involved in section 104. No a certain amount, which is less than the cised its provisions on several items. one else has made any complaint about amount we imported prior to World War There was no compfaJnt made then. it, except cheese manufacturers. II. Imports are now running about 52,- Mr. FULBRIGHT. Public Law 590 Mr . MAGNUSON. What does the 000,000 pounds. They were running at had a reasonable basis for applying re­ Senator from Arkansas mean about com­ approximately 60,000,000 pounds in plaint ? What kind of complaint? 1939. Our own production has almost strictions. Mr. FULBRIGHT. Against the bill to doubled in that time. In fact, I believe Mr. MAGNUSON. It stopped imports. repeal section 104. The only people who it has more than doubled in that time, Mr. FULBRIGHT. It had a reason­ made any substantial arguments against and our per-capita consumption has able basis. it were representatives of blue cheese more than doubled. The imports Mr. MAGNUSON. What is the dif­ manufacturers. amount to less than 5 percent of the to­ ference? Mr. MAGNUSON. The Senator from tal. When the Senator from Washing­ Mr. FULBRIGHT. There is a great Arkansas must be mistaken. I never ton says we are not being greedy, the difference. 540 CONGRESSIONAL RECORD - SENATE January 28 Mr. MAGNUSON. The release of July from the dairy cow, as compared to connection with the price-support pro­ 29, 1951, just prior to the expkation of cheese, I do not see how the Senator gram. Public Law 590, stated that there were thinks he is really promoting the welfare To answer the Senator's question di­ certain imports coming in which were of the dairy industry when, in order rectly, let me say that I do not think injurious to our trade under the terms to protect a very small segment of that such a restriction on those importations of Public Law 590. Therefore, a certain industry, which in this case is primarily will ruin those countries. I have al­ small amount of the trade was stopped, the blue cheese manufacturers, he is ready pointed out that 8 or 10 of the but that small portion may have meant willing to jeopardize the entire foreign countries which have protested in con­ the wrecking of the market and jeopard­ trade in dairy products. nection with this matter have similar izing our support programs. The order Those who are epgaged in the dairy restrictions which I think they can apply was put into effect approximately 14 industry profit substantially by means if need be. hours before the act expired. of the foreign trade in dairy products, Mr. FULBRIGHT. But they are not 1 Mr. AIKEN. Mr. President, will the because the exports far exceed the im­ the same. Senator yield? ports. However, when one becomes Mr. MAGNUSON. I said they are sim- Mr. MAGNUSON. I yield. overly greedy in regard to a matter such ilar. · I Mr. AIKEN. The Senator from Ar­ as this one, I think the effect is to injure Mr. FULBRIGHT. Yes; in just the kansas [Mr. FuLBRIGHTJ referred to some himself. For instance, if I may say same way that this section is similar to proponents of section 104 who are mak­ so, in my opinion that is what has hap­ Public Law 590-but they are just as ing a great fuss over some little thing, pened in the case of butter. The price different as night and day. and wondered what might happen if a of butter has been brought up to $1 Mr. MAGNUSON. They are not the big matter came up. Am I right in un­ a pound, with the result that many poor same. derstanding that the dairy industry is the people who cannot affort to pay such a Mr. FULBRIGHT. No; and they do largest industry in the United States and price are now buying margarine, instead not have the same effect. accounts for approximately 20 percent of of butter. Mr. MAGNUSON. For instance, I the total agricultural income of the In this case, it is not a question of know a little Danish, and I assume that United States? I am referring both to retaliation; but the foreign countries there may be a little difference in effect milk and its byproducts and to beef, affected simply will not be able to pur­ between the English and the Danish which we get from the dairy herds. chase the other dairy products which versions, as a result of the translation. Roughly 20 percent of the total agricul­ balance the trade if they are unable to Mr. FULBRIGHT. ·Of course, as the tural income comes from the dairy in­ send their specialty cheeses to the United Senator has said, section 104 and Public dustry in the United States. We know States. There!ore, I think the United Law 590 are similar, but in reality they that the reason the farmers resorted to States dairy industry would be worse are very different. the production of cheese so extensively off in the long run if these importa­ Mr. AIKEN. Mr. President, will the was largely to utilize the surplus milk tions were prohibited than if the foreign Senator from Washington yield to me? which inevitably is produced between countries were permitted to export to Mr. MAGNUSON. I yield. March and July of each year if we are to the United States small amounts of their Mr. AIKEN. I should like to point out be sure of having sufficient fluid milk for specialty cheeses, which in the long run that the Sendor from Arkansas is im­ the consumers during the fall and the are not competitive. plying diversionary tactics when he says early winter months. Mr. MAGNUSON. Mr. President, the that such imports will affect our ex­ So cheese is not a small item; it is one Senator from Arkansas gets back to the ports. The United States does export which affects the economy of approxi­ subject of cheeses, and I do not know dairy products, but the major amounts mately half the farm population of the anything about them. of them go to countries on which we are United States. The cheese itself may be Mr. FULBRIGHT. If the Senator dependent for our supplies of fibers, cof­ considered a byproduct; but if it were from Washington does not know any­ fee, sugar, certain amounts of drugs, not for that byproduct, which furnishes thing about cheeses, there is no use in and similar articles. an outlet for the surplus milk produc­ discussing them in connection with this We have been exporting more to tion in the spring and early summer bill. Let us not discuss nuts in connec­ Western Europe than we have been im­ months, we would find that either we tion with this bill, for nuts are not af­ porting from Western Europe in the would not have sufficient fluid milk for fected at all by it. form of dairy products, but we have consumption during the fall or else we Mr. MAGNUSON. Blue cheese is sim­ been making contributions of those com­ would have to resort to Government sub­ ply an incident in connection with the modities to Western Europe. Certainly sidies and other things of equally un­ entire problem. I do not wish to enter we cannot consider that we have normal desirable nature. into a discussion of cheeses, because I trade with those countries, when in the Mr. MAGNUSON. I know the Senator know nothing about the specialty cheeses United States the Government buys but­ from Vermont is much more familiar or the imports of such cheeses or what ter for 67 cents a pound and then sells with agricultural matters than I am. those imports mean to the economy of it to Italy for 15 cents a pound. We can­ Mr. AIKEN. More people are depend­ the foreign countries. not consider that normal trade exists ent on dairying than on any other agri­ I am sure that if we reduce by 2 per­ when the Government pays from 13 to cultural industry and possibly any other cent the amount of those cheeses which 14 cents a pound for powdered skim industry in the United States. they would like to export, the result will milk, or nonfat milk, which I believe is Mr. FULBRIGHT. Mr. President, will not break the economy of those 10 coun­ the term preferred in this country, and the Senator from Washington yield, to tries, for in that case they will still be then resells it to the lowland countries permit me to make an observation on able to export 90 percent, instead of 100 of Europe f-Or 4 or 5 cents a pound. That that point? percent, of the amount of blue cheese is a contribution; it is not a normal The PRESIDING OFFICER

546 CONGRESSIONAL RECORD - SENATE January 28 Mr. McFARLAND. Mr. President, I from the Santa Margarita River," Judge Not mentioned by you is the fact that were also ask unanimous consent to have Weinberger likewise declared: "It appears 1t not for the stipu'a'"ed judgment the stream to the court that defendants are in a posi­ would be virtually dry during the entire ir­ printed in the RECORD a copy of the letter tion to know * * • (if they are using rigation season. So great are the demands from Mr. Veeder to the Saturday Eve­ the waters of the Santa Margarita River) of the ~:ail Estate on the very meager sup­ ning Post. • • * ." ply of water available from the Santa Mar­ There being no objection, the letter Thus, when you charge, as you do, that garita River that it could take and utilize was ordered to be printed in the RECORD, the United States is taking from the claim­ the entire summer flow. By reason, however, as follows: ants their rights to use water or is seeking of its obligation under the stipulated judg­ to prevent them from pumping from their ment, waters throughout the irrigation season DEPARTMENT OF JUSTICE, W ashin gton , D . C., January 11, 1952. wells, you have assumed the presumptuous are released by the Vail Estate. Those waters position of denying the specific rulings of Mr. BEN HIBBS, released for the United States are now being Editor, the Satur day Ev eni ng Post, the two of California's most eminetit jurists. encroached upon by users who never have Curti s Publishing Co., Philadelphi a, Continuing in the same incorrect vein, previously asserted any legal rights in the your article states: "* * •. if the Federal Santa Margarita River. Most serious en­ P a. DEAR MR. HIBBS: This will refer to the ar­ Government can, by sovereign authority, croachment of all is that of the Fallbrook take California water, then it might, by the ticle appearing in the January 5, 1952, issue Public Utility District. That district in 1933 of the Sat urday Evening Post relating to the same reasoning and authority, take anything was gratuitously allowed, pursuant to a re­ anywhere." That specious statement is like­ case entitled Unit ed States of Ameri ca v. vocable license, by the Rancho Santa Mar­ wise refuted by Judge Yankwich: "I find garita and the Vail Estate, to take from the Fallbrook Pu bli c Uti li ty D istri ct, et al., in the District Court of the United States for the nothing in this complaint which asserts any Santa Margarita River a minuscule quantity Southern District of California, southern right to this water in the United States of water solely for domestic purposes. When division. In keeping with the falsehoods it because it is the Government of the the United States succeeded to the rights of contains, you h ave designated that art icle United States. It is asserting its right the Rancho Santa Margarita it continued to The Government's Big Grab. The irre­ merely as owner of the Santa Margarita allow that diversion, terminating it July 31, sponsible and malicious untruths set forth R ancho, * * • ." At no time has the 1948, when the district attempted to over­ United States claimed greater rights by rea­ in it will be reviewed in some detail. Prior reach its license. Now the Fallbrook Public to that review, however, the most malevolent son of its sovereignty than it purchased and . ,Utility District has initiated claims totaling aspect of the article will be pointed out. paid for, and the excerpt last quoted from in excess of 30,000 acre-feet of water. To term the litigation a "grab" is to chal­ the record of the court in this case con­ The United States and the Vail Estate lenge the int egrity of the United States court tradicts your statement. have, by stipulation, resolved all differences of the Southern District of California, south­ Similarly, you seek to pervert the meaning in this litigation. Both parties recognize ern division. Thus the evil falsehoods which oI the word "paramount" as used in this and abide by the stipulation. Your effort the article contains m ay not go unchal­ litigation. You pursue that course although to make it appear that others than the few lenged. For no Federal Court would ent er ­ long prior to the publication of the article very small farmers in the extremely narrow tain a suit of the character which you de­ the court had established the meaning of valley of the Santa Margarita River between scribe. There is no court in this Nation the word in the present cause. Alluding the Vail Estate and the Rancho Santa Mar­ which would permit its process to be utilized a gain to Judge Yankwich on the sub­ garita, have historically used water from that to confiscate vested rights. Irrespective of ject: " * * * I point to the fact that stream represents another example of studied the great prestige of the court in which thls this complaint could not have been drawn departure from fact. cause is pending, you assert that its vast in any ot her form • . It As pointed out, the only water the Rancho powers have been invoked to order land­ [the Unit ed States of America] is asserting Santa Margarita allowed the Fall brook Public owners to desist from using water from their its right merely as owner of the Santa Mar­ Utility District was minuscule in quantity wells. That assertion is branded here and garita Rancho, and the only reason it is and pursuant to a revocable license. now as a deliberate falsehood. No order of using the word paramount is because that Fallacious, likewise, is the assertion that that character was or ever could be entered word has been accepted as expressing the there are 14,000 defendants in this litigation. 1n this litigation. superiority of the right of the riparian There have been approximately 1,750 de­ This suit was initiated at the request of the owner to the rights of others." Continuing, fendants served, not an excessive number in Department of the Navy to have the title Judge Yankwich summed up respecting the the light of such litigation in the West. The of the United States of America quieted to its use of the word to which you seek to at­ exact number which will be served is not vested rights in the Santa Margarita River. tribute a sinister connotation: "* • • known, for changes in title necessitate nu­ Here let it be said that the rights asserted you cannot draw a complaint asserting merous changes in the parties named. The by the United States in this litigation are rights unless you claim that your right is assertion that there are 14,000 defendants is no greater than those which it purchased. paramount, that it is superior and exclusive absolutely false. Those invaluable rights were acquired some of others * * • ." Pertinent here is the A fair report would have distinguished be­ 10 years ago by the United States from the fact that the term "paramount" as used in tween the claimants to small quantities of Rancho Santa Margarita. Very properly the the complaint in the case is taken directly water and the Fallbrook Public Utility Dis­ Department of the Navy wished to protect from decisions of the Supreme Court of the trict which proposes to divert a large quan­ those rights, which it purchased and for State of California dating back to 1884. tity of water out of the watershed of the which it paid a huge sum, against present Finally, in regard to the words "sovereign" Santa Margarita River. and threatening encroachments. Failure to and "paramount" the United States and Omitted from your article is the fact that protect those rights would have been a dere­ the St ate of California have stipulated-a from the outset it has been the proposal of liction of duty. To adjudicate them it is stipulation now before the court embodying the United States to relieve the small claim­ essential to have before the court all of the an offer made by the United States in May ant of costs by first trying out the principal claimants to water from the stream in ques­ of 1951: issues against the large claimants. A mo­ tion. Each claimant to water from the "In this cause, the United States of Amer­ tion is now before the court in which the Santa Margarita River will have his rights ica claims only such rights to the use of United States requests a separate trial determined as they relate to all others on water as it acquired when it purchased the against the State of California, the Fallbrook the stream. No one will be, or could be, Rancho Santa Margarita • • · • . Public Utility District, and two other deprived of his rights by the action. When "The United States of America claims by claimants. the final decree is entered by the court it reason of its sovereign status no right to the u se of a greater quantity of water than (that Though you refer to comments respecting will reflect for the first time in history the the powers of the Congress of the United status of the rights of each claimant to water, stated above l • • * ." Those two provisions were introduced in States over the property in question, you including t he United States, from the Santa avoid the most salient feature of that matter. Margarita River. the F'";:'.)ulation by this clause: "the word •paramount' is used in the same sense in Exclusive jurisdiction was ceded to the Judge Weinberger, on May 9, 1951, speak­ United States by the State of California. ing for the record-a record concerning which that word is used in the opinion of the Supreme Court of California Thus, predicated upon principles of con­ which your authors had knowledge-in a stitutional law which are not subject to most careful analysis of the action, declared: in the case of P eabody v. Vallejo • * .'' question, there resides in Congress the sole "* • * the complaint sets forth that the From the specific declarations of the power to administer the property involved. Government is seeking to have its rights judges who have presided in this case to date; From the court record this statement is declared and the title quieted to those rights, from the stipulation last cited, from which taken: "We claim exclusive jurisdiction as they relat e to the use of water in the the last quotations were taken, it is manifest the Congress of the United States that the public has been misled. Your Santa Margarita River an d its tributaries.'' alone has authority to enact laws relat ing On August 15, 1951, Judge Yankwich, again st atement that this case could be a pattern for confiscation is thus disclosed to be ut­ to it [the rights involved]. That doesn't for the record, stated: "* * * it is give us any water above and beyond that merely a suit to declare the rights of the terly absurd. Government under the ripar ian law of the Your dissimulation respecting the stipu­ which we purchased and we claim none State of California.'' Respecting the prayer lated judgment between the United States • • * ." Let it be emphasized that there of the United States that all defend ants "set of America and t he Vail Estat e does n ot diff er is no conflict between the United States and up fully their claims to the u se of wat er m aterially from the rest of your article. the State of California. The sole question 1952 CONGRESSIONAL RECORD - SENATE 54~ between the two sovereigns is the character August 15, 1951, refutes your untrue and out the prov1s1on o! these resolutions and and scope of the cession in question. inaccurate reports of the matter. that the necessary expenses in connection Two other aspects of your article bear Your spurious article has caused wide­ therewith be paid out of the contingent fund response: You refer to an alleged agreement spread concern among the citizens of this of the House. supposedly entered into between the Depart­ country. If your article were true every Resolved, That the Clerk communicate ment of the Navy and the Fallbrook Public American would be justifiably alarmed. In these resolutions to the Senate and transmit Utility District. fairness to the public, which is entitled to a copy thereof to the family of the deceased. There was never such an agreement. Fail­ the truth in this matter, you are obliged to Resolved, That as a further mark· of re­ ure to consummate the proposal, pursuant publish this letter. spect the House do now adjourn. to which the Fallbrook Public Utility Dis­ Sincerely, trict would b_e accorded a preferential status WILLIAM H. VEEDER, Mr. LEHMAN. Mr. President, I sub­ over others equally desirous of particip~t­ Special Assistant to the Attorney General. mit the resolution, which I send to the ing in any division of the rights to the use desk and ask unanimous consent for its of water which the United States purchased EXECUTIVE MESSAGES REFERRED present consideration. and paid for, may not be ascribed to the De­ The PRESIDING OFFICER. The partment of Justice. Requested legal ad­ As in executive session, resolution will be read. vice, premised upon known facts, was given The PRESIDING OFFICER