1943 CONGRESSIONAL RECORD_-HOUSE 5487

THE JUDICIARY Austin Flint Hubbard hear the message which has come across 'UNI'lED STATES CIRCUIT COURT OF APPEALS William Michael Benkert the centuries: "Be of good cheer, I Keith Low Gerald McLaughlin to be judge of the will go with thee all the way." Under­ Carl Leonard Parrott United States Circuit Court of Appeals for Robert Franklin Lutz gird and upholC:l them with firm belief in the Third Circuit. Donald Oscar Ellis the ultimate triumph of the good. UNITEn STATES -ATTORNEY Wilfrid Neville Derby, Jr. Under all circumstances inspire us to Eli H. Br9wn 3d to be United States attor­ Ward Raymond Emigh think truly, to speak truly, and to live ney for the western district of Kentucky. Bernard Edwin Kolkhorst truly; thus our lives will be open books Robert Ellsworth MacDonald of good and wholesome deeds. In the UNITED STATES MARSHALS Donald Mcintosh Reed name of our Saviour, by whom and with John M. Moore to be United States marshal Daniel John Scalabrini tor the eastern distrlct of Kentucky. Rufus Sizer Drury whom, in the unity of the Holy Spirit, all Loomis E. Cranor to be United States mar:.. William N!ithan Banks honoi: and glory be unto Thee, 0 Father shal for the western district of Kentucky. Robert Jerome Carson Almighty, world -without end~ Amen. David Lloyd Davies, Jr. IN THE ARMY The Journal of the proceedings of yes­ Frank Benjamin Carter terday was read and approved. !'EMPORARY APPOINTMENT IN THE ARMY OF THE Frank Marshall Fisher, Jr. UNITED STATES Alden Edward Lewis MESSAGE FROM THE SENJ}TE To be lieutenant general R.obert Tiulant Norris A message from the Senate, by Mr. Omar Nelson Bradley Sereno Sewall Webster, Jr. Arnold Roy Wadum Frazier, its legislative clerk, announced To be major generals William Joseph Zinck that the Senate had passed, . with · Stafford LeRoy Irwin Richard Eugene Hoover amendments in which the concurrence John Kenneth Cannon Phillip Hermann of the House is requested, a bill of the Lowell W-arde Rooks Curtis Johnson Kelly House of the following title: John Roger George To be brigacUer generals H. R. 2713. An act making approprtatlons Frank Upton Greer Donald Arthur Caswell for the Navy Department and the naval Ray Aloysious Dunn Vernon Francis Hauschild service for the .fiscal yeat: ending June 30, Alexander Cameron Maurice Rose 1944, and for other purpose~. Reese Maughan Howell . Edward Franklin Poole 3d Edwin Hubert Randle Raymond Howard Evans The message also announced that the Carlyle Howe Ridenour Charles Edward Johnson Senate insists upon its amendments to Elbert Louis Ford POSTMASTERS the foregoing bill, requests a conference Robert Victor Maraist with the House on the disagreeing votes Robert Ignatius Stack CONNECTICUT of the two Houses thereon, and appoints Edward Peck Curtis Peter M. Davey, Bridgeport. Mr. OVt:RTON, Mr. GLASS, Mr. THOMAS of COAST GUARD GEORGIA Oklahoma, Mr. GREEN, Mr. WALSH, Mr. APPOINTMENTS , W. Riley Allen, Blackshear. LODGE, and Mr. HOLMAN to be the con­ ferees on the part of the Senate. To be ensigns in the Coast Guard, to rank KANSAS ­ jrQm June 9, 194;3 Hazel R. Craft, Lewis. EXTENSION OF REMARKS Joseph Rogers Steele Ben J. FUnk, Sedan. Mr. LANE . . Mr. Speaker, I ask unan1.,. Ralph Arnold Peterson J. Glenn Logan, Topeka. mous consent to extend my remarks in Robert Joseph LaForte MINNESOTA the RECORD and include an article that Robert Leslie Ruth Joseph R. Dunn, Brainerd. James Paul Van Etten appeared in the Boston Sunday Post of Norman McLeod Barlow NEW :MEXICO ' May 30, 1943, entitled "City of Revere." AlYin Bislinghoff Jordan Jose Z. Sanchez, Santa Rosa. The SPEAKER. Is there objection? Robert Bernard Moore There was no objection. George Pershing Jacobson SOUTH_ CAROLINA Mr. WEISS. Mr. Speaker, I ask Edward Dabner Hudgens, Jr. Patrick B. Holtzclaw, Arcadia. unanimous consent to extend my re­ Edward Michael Francis Kirchner WASHINGTON Richard Anthony Pasciuti marks in the REcoRD and include a news­ Glenn Edgar Murphy David E. Burklund, Mukilteo. paper article. Edward DeKalb Veal, Jr. Emerson G. Lawrence, Port Angeles. The SPEAKER. Without objection, it Ernest Harold Goldman Leo B. Reed, Redmond. is so ordered. Charles Webster Valaer Hanna A. Hanson, Riverton Heights. ':rhere was no objection. LeWayne Newcomb Felts John Maloney, Jr., .Skykomish. ·William Ellison Baird Otto F. Reinig, Snoqualmie, PERMISSION TO ADDRESS THE HOUSE Owen Wesley Siler Mr. HEBERT. Mr. Speaker, I ask William Davis Palmer unanimous consent that on tomorrow, William Edward Dennis Leslie Byron George 'after the disposition of the legislative William Edwarcf Wallace HOUSE OF REPRESENTATIVES matters on the' Speaker's desk, I may William Selby Allan, Jr. address the House for 15 minutes. Keith Charles Vrana TUESDAY, jUNE 8, 1948 The SPEAKER. Is there objection? Mitchell Arthur Pereira The House met at 12 o'clock noon. There was no objection. George MacAulay Lee Costner Mr. CELLER. Mr. Speaker, under a John Durward Richardson The Chaplain, Rev. James Shera Harry Hart Carter Montgomery, D. D., offered the follow­ special order for today I was granted 30 Garth Hines Read ing prayer: minutes to address the House. I yield George William Sohm back that time, and I ask unanimous John Richmond Rogers Infinite and eternal God, our heavenly consent to address the House for 30 min­ Thomas Pope Cheatham Father, what wisdom, what power and utes on Monday next, after the disposi­ David Richard Domke majesty in all Thy works. Out of the tion of matters on the Speaker's desk. Arthur Hancock mysterious silences of our breasts, am-:id Charles Wayne The SPEAKER. Without objection, it warren Edward Rast the varying currents of this world, do we is so ordered. Kenneth Raymond Vaughn seek Thee. Thou who art the inspiration There was no objection. Wallace Clarence Dahlgren of all that is good and the glory of all EXTENSION OF REMARKS Samuel Raymond Wall that is beautiful, send forth Thy light, Robert Allen Adams reminding us of our place and calling. Mr. BALDWIN of New York. Mr. Robert Arthur Schulz Do Thou open the windows of our minds Speaker, I ask unanimous consent to ex­ Edward Reuben Tharp that we may receive the spirit of love tend my remarks in the RECORD and in­ Philip Joseph McFarland and truth, thus leading humanity away clude a letter on the Liberty Bell and a · Frederick James Hancox poem, The Bishop of Washington. John Joseph Doherty from the wrong, deceptive altars. Wilfred Ulrich Johnson Blessed Lord, as daily there are num­ The SPEAKER. Without objection, it James Norton Ashbrook berless Calvaries in our land, we pray is so ordered. Paul Morusky Thee that all sadly stricken hearts may l'here was no objection .. 5488 CONGRESSIONAL RECORD-HOUSE JUNE 8 Mr. REED of New York. Mr ..Speaker, The entire career of former Congress­ - By his lovable disposition, his courtesy I obtained unanimous consent to extend man Darrow is notable for self-sacrifice and fairness he won and held their last­ my remarks and include an article which and· conscientious devotion in the inter­ ing affection and respect .. . appeared in Collier's magazine. It ex­ est of his fellow man. Following his Friend of three Presidents, elder ceeded the amount permitted. I have early education in the common schools of statesman of Germantown, he will be an estimate from the Public Printer. It New London, Conn., he pursued his stud­ honored and held in fond recollection by will cost $90. Notwithstanding that, I ies at Alfred University, Alfred, N. Y., all who knew hi:rri for his great services ask unanimous consent that it may be waiting on tables and cleaning class­ to his city and community, for the ex­ included as a part of my extension of rooms, and so forth, to ~aY his tuition ample he set of the good citizen, laboring remarks. and board, graduating in 1880, and in for others during a long and fruitful life. The SPEAKER. Without objection, it later years was honored by having· the He giveth his beloved sleep. is so ordered. degree of LL. B. conferred upon him by There was no objection. this university. Following graduation Mr. nAYBURN. Mr. Speaker, will the Mr. REED of New York. Mr. Speaker, from college he entered upon a business gentleman yield? I ask unanimous consent to extend my career, which included foreign service as Mr. SCOTT. I yield. remarks in the RECORD and include a sales representative for an oil bypro­ Mr. RAYBURN. I have asked the gen­ tleman to yield in order that I may say letter from the New York Tribune. 1 duct; and, in 1888, he settled in German­ The SPEAKER. Is there objection? town, Philadelphia, and established and I have served in this House for a long There was no objection. conducted a successful paint business time. .I have served with many good Mr. DONDERO. Mr. Speaker, I ask until10 years ago, when he retired from men, many fine gentlemen. I never unanimous conse:t;1t to extend my re­ active business. · served with a finer man "'r a more splen­ marks in the RECORD and include therein Mr. Darrow always took an active in­ did patriot than George Darrow. a statement by a C. I; 0. leader at Pon­ terest in civfc affairs. · During the period Mr. SCOTT. I may say that I know tiac, Mich. of his service as president of the twenty­ his family will be deeply grateful for. the The SPEAKER. Is there objection? second sectional school board of Phil­ kind expressions of the Speaker of this There was no objection. adelphia he took a leading part in the House, of whom our l~te friend was so Mr. JUDD. Mr. Speaker, I ask unani­ campaign for the establishment of dis­ very fond. mous consent to extend my remarks in trict high schools and has been known Mr. RANKIN. Mr. Speaker, will the the RECORD and include an editorial from as the father of district high schools in gentleman yield? the New York Herald Tribune. Philadelphia. He served as a member Mr. SCOTT. I yield. · The SPEAKER. Is there objection? of city council from 1910 to 1915 and was Mr.. RANKIN. I desire to join in what There was no objection. · able to secure many improvements for the Speaker [Mr. RAYBURN] has just said CALENDAR WEDNESDAY his community and his sound business abolJt Mr. Darrow. I regarded him as background enabled him to rendet' out­ one of the finest characters I have ever Mr. McCORMACK. . Mr. Speaker, I standing seryice in the interest of his known. His death brings back memories ask unanimous consent that business in city and sound government. of days gone by. When I came to Con­ order on Calendar Wednesday may be -In 1914 Mr. Darrow was asked to be­ gress George Darrow was one of its lead- dispensed with this week. come a candidate for Congress; he was - ing Members. On the other side of the The SPEAKER. Without objection, it elected and reelc ~t ed every 2 years aisle was James Mann, the ~reatest par­ is so ordered.· · since until 1936, v:llen he suffered unex­ liamentarian I have ever seen in action, There was no objection. pected defeat in the landslide of that Frank Mondell, Nicholas Longworth, and THE LATE HONORABLE GEORGE P. year; but, in 1938 he was again elected many others. On our side, to name only DARROW and in 1940 he voluntarily retired from two, was Finis Garr.ett, one of the keen­ Mr. SCOTT. Mr. Speaker, I ask public life by reason of ill-health. est blades who ever served in Congress, unanimous consent to address the House During his service in Congress Mr. and Claude Kitchen, one of the ablest for 1 minute and to revise and extend my Darrow served at various periods on the debaters of all time. remarks. District of Columbia, Banking and Cur­ I have seen those great men leave the The SPEAKER. Is there objection? rency, and Naval Affairs Committees. If Halls of Congress and many of them pass There was no objection. any interest was greater than another,' away, but I do not know of anyone who Mr. SCOTT. Mr. Speaker, it is with there is no doubt it was in our Navy. He has gone in recent years whose passing I deep regret and sinGere grief that I an­ was a firm believer in a strong NaVY and more keenly feel than that of my friend nounce the death of my predecessor~in in his position as ranking Republican George P. Darrow, of Pennsylvania. Congress, Hon. George P. Darrow, who member of the Naval Affairs Committee When I remember all served as a Member of ·this House for a he was enabled to render notable service The friends so link'd together, in·its upbuilding. Having served in Con­ I've seen around me fall period of 24 years. Like leaves in wintry weather; George Darrow was loved and resp~t­ gress during the period of World War No. I feel like one who treads alone ed by all who knew him. While an ear­ 1 Mr. Darrow was particularly interested Some banquet hall deserted, nest supporter and advocate of the prin­ in the welfare of war veterans; he suc­ Whose lights are fled, whose gaflands deactr ciples and policies of the Republican cessfully· sponsored legislation providing ~ .And all ~ut he departed. -Party the center aisle did not divid:J his increased compensation for disabled vet­ friends; he was loved and respected by erans while taking vocational training, Mr. SCOTT. The gentleman ·will all who knew him. I frequently heard doubtless recall that a few months ago I and in many ways gave aid and assist­ called the attention of this House to the him express his joy and personal pride ance to all war veterans and their fami,. in the many friendships he made in his eighty-fourth birthday of Mr. Darrow lies. He was co-sponsor with Senator and at that time, as :flowers to the living, long service and he was especially proud 1 Edge of New Jersey of a bill providing the gentleman from Mississippi paid of his close association with the former for the construction of the Delaware Vice President and Speaker of the House, tribute to Congressman Darrow, and at River brid~e in Philadelphia; and, his that time I reported his words to Con­ the Honorable Jack Garner, with our succe~s in s2curing the authorization for beloved present Speaker, and with Vir­ gressman Darrow and to his family, and and funds for the construction of the new they were very, very deeply appreciative. ginia's great elder statesman, Senator naval hospital in Philadelphia was an CARTER GLASS. · Mr. MARTIN of Massachusetts. Mr. Poor health in his last years prevent­ outstanding feat in that trying period. Speaker, I ask unanimous consent to ad­ ed the continuance of his activity in · Mr. Darrow's position as dean of the dress the House for 1 minute. public affairs and he retired voluntarily P.ennsylvania delegation in Congress, his The SPEAKER. Is there objection to 3 years ago. long membership on the Republican the request -of the gentleman from Mas­ We mourn the loss of a good friend, steering committee and the Republican sachusetts? but the memory of his long and faith­ committee on committees brought him There was no objection. ful service is cherished and may well in contact with practically all of his col­ Mr. MARTIN of Massachusetts. Mr. serve as a guide to all of us. leagues. · Speaker, it was with keen regret the 1943 CONGRESSIONAL· RECORD-HOUSE 5489 older Members of the House learned to­ to include therein a recent radio speech moment I am more interested in corn day of the death of former Representa­ I made over station WNBF. and would like to know something about tive George Darrow, of Philadelphia. The Speaker. Is there objection1 poultry feed. The poultry feeders in my He served many years in the House and There was no objection. district are asking how they can obtain was one of its best-informed and most Mr. ANGELL. Mr. Speaker,. I ask poultry feed. popular Members. He was an outstand­ unanimous consent to extend my own Mr. RANKIN. Will the gentleman ing member of the Naval Affairs Com­ remarks in. the RECORD and to include yield? mittee and a stalwart champion of a therein an articl~ appearing in the Mr. HOFFMAN. Yes. strong Navy and of national prepared- Washington Post of today, June 8, on Mr. RANKIN. Asking for what? nes~ · Alaska's future. · Mr. HOFFMAN. Poultry feed, to feed Men like George Darrow can ill afford The Speaker. Is there objection? the hens that lay the eggs that we all to be spared, and to his widow and fam­ There was no objection. like and need or from which come the ily will go the deep sympathy of all his Mr. LUTHER A. JOHNSON. Mr. chicks that grow into broilers and roast­ former associates and a -legion of friends. Speaker, I ask unanimous conse~t to ex­ ers that will help feed the Nation next Mr. REECE of Tennessee. Mr. Speak­ tend my own remarks in the RECORD and fall, winter, and spring. er, I ask unanimous consent to address to include therein a letter from an Amer­ Mr. RANKIN. Oh; poultry feed. I the House for 1 minute. ican soldier overseas to his mother about The SPEAKER. Is there objection to agree thoroughly, but I thought the gen­ strikes. tleman said "poker chips." the request of the gentleman from Ten­ The SPEAKER. Is there objection? nessee? Mr. HOFFMAN. I do not know any· There was no objection. thing about poker chips and do not want There was no ob3ection. Mr. PRICE. Mr. Speaker, I ask unan­ Mr. REECE of Tennessee. Mr. Speak­ to. One constituent uses a thousand imous consent to extend my own remarks bushels of corn a day. He wired me Fri· er, during my period of service here I in the RECORD and include therein a stat~­ have enjoyed the friendship of two most ment concerning a bill I introduced on day: estimable gentlemen who were members March 12, providing for the payment of We use 1,000 bushels corn in our two feed of the Pennsylvania delegation. One $50 per month to members of the armed plants daily. Have less than 1 week's sup­ was Hon. George Darrow, the other Hon. forces for each month served from the ply. Unable to purchase any corn. We fur· Harry Ransley. Both have ' passed from nish feed for approximately one-half million date of the passage of the Selective Serv­ laying hens and other livestock. Michigan the scene of worldly endeavors. They ice Act to 6 months after the close of the Elevator Exchange, with many carload orders won for themselves the gratitude of the war. on hand, are unable to purchase any corn. people of their State and of the people The SPEAKER. Is there objection? Situation critical. Must have immediate re­ with whom they served here who had an There was no objection. lease. Important you make every effort to opportunity to appraise them and evalu­ have Michigan declared an emergency State ate their services and their characters. CANNING PLANTS to receive corn from Commodity Credi'; Cor· I am confident they will receive a fine Mr. SAUTHOFF. Mr. Speaker, I ask poration. reward in the world to which they have unanimous consent to address the House Immediately phoned Commodity Credit gone. for 30 seconds. Corporation and was told there was I learned of the passing -of Mr. Dar­ The SPEAKER. Is there objection? plenty of corn in the country, but when row with great sorrow, as I did a few There was no objection. I asked where_we could get some of it for years ago on the passing of Harry Rans­ Mr. SAUTHOFF. Mr. Speaker, at the Michigan, for the processors of poultry ley. They made records which may well conclusion of today's business it is my and dairy food, was advised there was serve as examples to people who are stu­ intention to take up a discussion of the none available. And when I squawked, dents of public service, problems of the canning industry, and the gentleman told me our dairymen and EXTENSION OF REMARKS inasmuch as I shall take only a portion our poultrymen were in no worse situa­ of the time allotted to me, I am going Mr. LESINSKI. Mr. Speaker, I ask tion than automobile dealers and would to yield to other Members who have can­ have to take their loss. unanimous consent to extend my own ning plants in their districts and whose remarks in the RECORD relative to the operation may be affected. My reply that we could not eat auto­ Armenians in two world wars and their mobiles, hence might be able to get along aspirations. PERMISSION TO ADDRESS THE HOUSE without them, but that ·we would need The SPEAKER. Without objection, it ·Mr. PATMAN. Mr. Speaker, I ask milk, butter, and beef, eggs and poultry is so ordered. unanimous consent that today, at the before the year was over and that if we There was no objection. conclusion of the legislative program and did not get the corn; someone would go ·Mr. BLAND. Mr. Speaker. I ask following any other special orders here­ hungry, brought a laugh, a few harsh unanimous consent to extend in the Ap­ tofore entered, I may address the House words, but no corn. pendix of the RECORD my remarks on for 20 minutes. Next fall, winter, and spring, some of two bills on radio operators in the mer­ The SPEAKER. Is there objection? you "city fellers" who have refused to chant marine, that are pending on the There was no objection. listen to some of us from the sticks, will consent calendar today, and to insert be hungry and so will your constituents. certain quotations. RUSSIA'S ELECTRIC POWER RESOURCES You will all have my sympathy, but you The Speaker. Is there objection? Mr. RANKIN. Mr. Speaker, I ask will not be able to make a meal out of There was no objection. unanimous consent to address the House that. Mr. MANSFIELD , of ,Texas. Mr. for 1 minute, and to revise and extend It is all right for the gentleman from Speaker, I ask unanimous consel)t to my remarks. Mississippi [Mr. RANKIN] to be· urging extend my own remarks in the R'ECORD The SPEAKER. Is there objection? the power-development program, but and to embrace therein an editorial from There was no objection. what these poultry raisers and the dairy. the Galveston Daily News. - [Mr. RANKIN addressed the House. men want to know is how they are going The Speaker. Is there objection? His remarks appear in the Appendix.] to get feed for the hens that lay the eggs, There was no objection. POULTRY FEED for the cows that give the milk and fur· Mr. MASON. Mr. Speaker, I ask nish the beef. Mr. HOFFMAN. Mr. Speaker, I ask unanimous consent to extend my own EXTENSION OF REMARKS remarks in the RECORD and include unanimous consent to address the House therein an article by George Rothwell for 1 minute, and to revise and extend Mr. PLUMLEY. Mr. Speaker, I ask Brown, appearing in the Times-Herald my remarks. unanimous consent to extend my own re- , of June 6, 1943.. The SPEAKER. Is there objection? marks in the RECORD and include there­ The Speaker. Is there objection? There was no objection. in an address by the Honora-ble Frederick There was no objection. Mr. HOFFMAN. Mr. Speaker, I want M. Davenport, entitled "Life in the Pub­ M:r. EDWIN ARTHUR HALL. Mr. to say to the gentleman from Mississippi lic Interest." Speaker, I ask unanimous consent to ex­ [Mr. RANKIN] that the electric power The SPEAKER. Is there objection? tend my own remarks in the RECORD and proposition may be all right, but at the There was no objection. 5490·· CONGRESSIONAL RECORD-HOUSE JUNE 8

~ BISHOP. JAMES E. FREEMAN Mr. DICKSTEIN. Yes; there is a rule. sonnel from departments or agencies in Mrs. ROGERS of Massachusetts. Mr. Let me say to the gentleman, however, the executive branch of the Government Speaker, I ask unanimous consent to ad­ that this bill passed the House in the to certain investigating committees of dress the House for 1 minute, and to re­ last session and was reported by the the Senate and House of Representatives, vise and extend my remarks arid to in­ Senate Committee on Immigration in the and for other purposes. clude therein certain statements of ap­ Senate. Only because of lack of time in Mr. SHEPPARD. Mr. Speaker, I ask preciation of the life of Bishop Freeman. which to dispose of it was it not consid­ unanimous consent that the bill may go The SPEAKER. Is there objection? ered in the Senate. I hope the gentle­ over without prejudice. There was no objection. man can see his way clear not to-object The SPEAKER. Without objection, it Mrs. ROGERS of Massachusetts. Mr. but to let the bill pass and go over to the is so ordered. Speaker, the Nation joins with me today Senate. There was no objection. in mourning the passing of .Bishop James As I say, the bill corrects a number of ABSENTEEISM technical errors. It gives tfie Attorney E. Freeman who was my friend and one The Clerk called the next bill, H. R. - of the very great figures of our coun­ General in the case of denaturalization proceedings the right to cut the time 2553, directing the Secretary of Labor to try. _A deeply religious man, a great and make an investigation and study of the inspiring leader and preacher, a great from 60 days on a summons to 30 days. There are pending now several hundred extent and causes Qf absenteeism and humanitarian. A man, although he to make ·available the facilities of the loved his own belief, his own creed more cases for cancelation of citizenship. Un­ der the present law the people involved Department of Labor to act as a clear~ dearly than· his own life, he believed inghouse lor information on methods to that all religion was of great value and must be given 60 da-ys' notice. The At­ torney General feels that 30 will be more control absenteeism. • should be recognized. Believing in a free Mr. STEWART. Mr. Speaker, reserv­ church and in freedom of religion, he than sufficient. The bill requires them to answer within 30 days. This bill also ing the right to obje(j;, I should like to stood in simplicity and in strength like have the -bill"'eXplained. the towers of the cathedral he built · for gives the Government the authority to one of the "four freedoms." He welcomed secure a judicial decree indicating loss of Mr. KEAN. Mr. Speaker, if the gentle­ to the National Cathedral the clergy of nationality. The other sections provide man will yield, the gentleman from New for-- · York [Mr. CoLE], when this bill came up every denomination. Preache~ of many faiths spoke ,.from his pulpit. He wished Mr. KEAN. Mr. Speaker, inasmuch as last time, asked to have the bill passed it to be their cathedral too. He per­ a rule has been granted on this bill, I feel over without prejudice. The gentleman rormed a great work in securing money that it ought to be considered in that from N€W York is necessarily absent to-· for the building of the National Cathe- ... way. I therefore ask unanimous consent day on official business and I believe that dral. It is a living memorial to his un­ that the bill may be passed over without tp protect him I sltould ask to have it selfish service. At the same time, with prejudice. go over without prejudice. his love of humanity, while he was build­ The SPEAKER. Is there objection to Mr. Speaker, I ask unanimous con­ ing the cathedral he was building in the· the request of the gentleman from New sent that this bill may be passed over minds of people character and was dem­ Jersey? without prejudice. onstrating what humanity could do and There was no objection. The SPEAKER. Is there objection to what religion could do for the world. REPATRIATING NATIVE-BORN WOMEN the request of the gentleman from New He can ill be spared today, Mr. Speak­ RESIDENTS OF THE UNITED STATES Jersey? er, and when he is laid to rest tomorrow The Clerk called the next bill, H. R. There was no objection. there will be a feeling of tremendous 1289, to repatriate native-born women PROTECTION OF WATER-FRONT FACILI­ loss. All that could die of Bishop Free­ residents of the United States who have TIES AND VESSELS man has died, but his spirit will live heretofore lost their citizenship by mar­ on and on through the ages. The Clerk called the next bill, H. R. riage to an alien. ~663 / to provide a 'penalty for the wm­ EXTENSION OF REMARKS The SPEAKER. Is there objection to ful violation of regulations or orders re­ Mr. SPENCE. Mr. Speaker, I ask the present consideration of the bill? specting the protection or security of ves.: unanimous consent to extend my own There being no objection, the Clerk sels, harbors, ports, or water-front facili- remarks in the RECORD and to include a read the biJI, as follows: tie& · short statement concerning our departed Be it e1iacted, etc., That section 317 (b) (1) The SPEAKER. Is there objection to colleague, Harry Englebright. . of the Nationality Act of 1940 (U. S. c., 1940 the present consideration of the bill? ed., title 8, sec. 717 (b) (1)) is amended by The SPEAKER. Is there objection? inserting, after "terminated", th'e following: Mr. TARVER .. Mr. Speaker, I ask There was no objection. "or who has resided continuously in the unanimous consent that this bill may be THE CONSENT CALENDAR United States since the date of such mar­ passed over without prejudice. riage,". _The SPEAKER. This is consent day. · The SPEAKER. Is there objection to The bill was ordered to be engrossed the request of the gentleman from The Clerk will call the first bill on the Georgia? calendar. and read· a third time, was read the third There w_as no objectio~. AMENDING THE NATIONALITY ACT OF time, and passed, and a motion to re­ REDUCTION IN COURSE OF INSTRUCTION 1940 consider was laid on the table. AT NAVAL ACADEMY The Clerk called the first bill on the AMENDING COAST GUARD AND AUX- calendar, H. R . ..l291, to amend the Na­ ILIARY AND RESERVE ACT OF 1941 The Clerk called the next bill, S. 879, tionality Act of 1940. RELATING TO WOMEN'S RESERVE , to amenathe act entitled '''An act au­ Mr. BARDEN. Mr. Speaker, reserving The Clerk called the next bill, H. R. thorizing a reduction in the course of the right to object, this seems to be a 1616, to amend the Coast Guard Aux­ ;instructions at the Naval Academy," ap­ rather voluminous bill. Will not the -iliary and Reserve Act of 1941, as proved June 3, 1941 (55 Stat. 238). chairman of the Committee on Immi­ amended. The SPEAKER. Is there objection to gration explain it to us? Mr. BLAND. Mr. Speaker, I ask unan­ the· present consideration of the bill? Mr. DICKSTEIN. Mr. Speaker, this imous consent that this bill may be Mr. TARVER. Mr. Speaker, reserving bill contains a number of provisions. passed over without prejudice. the right to object, I do not think we Some sections are just for clarification The SPEAKER. Is there objection to ought to pass measures which are of this purposes to correct clerical mistakes, and the request of the gentleman from Vir­ apparent importance unless someone ex.:. so forth. One section deals with de­ ginia? ~ plains the meaning of the measure to the naturalization. The Attorney General There was no objection. House. I hope somebody may be able to has quite a number of such cases, and it do that. was thought advisable to cut the period ASSIGNMENT OF DEPARTMENTAL PER­ Mr. ·MAGNUSON. Mr. Speaker, the - of notice from 60 to 30 days. SONNEL TO AID INVESTIGATING COM­ chairman of the Committee on Naval Mr. HARDEN. May I ask the gentle­ MITI.'EES OF CONGRESS Affairs is absent from the Capitol. I do man whether or not a rule has been The Clerk called the next bill, H. R. not see the gentleman from Maryland i'ranted on this bill? 2468, authorizing the assignment of per-· here, who knows about the bill. I sug-

/ 1943 CONGRESSIONAL RECORD-HOUSE 5491 gest that the bill be passed over without the chairman of the House Committee feet, south one degree twenty-seven minutes prejudice, to be explained later. on Agriculture, a special investigator thirteen seconds east eighty-four and fifty­ five one-hundredths feet, south forty-nine Mr. TARVER. Mr. Speaker, I ask who is now working for the committee degrees fourteen minutes west two hundred unanimous consent that . this bill be investigating the Farm Credit Admin­ and twenty-seven and thirty-seven one-hun­ passed over without prejudice, istration went down to North Carolina dredths feet, south seventy-four degrees The SPEAKER. Is there objection to and made an examination and appraisal twenty-six minutes seven ~::econds west three the request of the gentleman from of this property. He recommends the hundred and twenty and fifty-six one-hun­ Georgia [Mr. TARVER]? sale of this property as contemplated in dredths feet, south forty-eight degrees fifty­ There was no objection. this bill. six minutes eleven seconds west one hundred The SPEAKER. Is there objection to and seventy-five and thirty one-hundredths ALLOWANCE FOR QUARTERS AND SUB­ feet; thence leaving the west bank of Little SISTENCE FOR MIDSHIPMEN OF THE the present consideration of the bill? River and running south seventy-seven de­ NAVAL RESERVE There being no objection, the Clerk grees thirty-nine minutes west seven hun­ read the bill, as follo~s: dred and fifty-ejght and sixty one-hun­ - The Clerk called the next bill, H. R. ' Be it enacted, etc., That the Secretary of dredths feet; thence north seventy degrees 2629, to provide an allowance for quar­ Agri6ulture be, and he_is hereby, authorized eighteen minutes west nine hundred and ters and subsistence for midshipmen of and directed, npon payment by the State four and seventy-nine one-hundr.edths feet the Naval Reserve. Hospital at Goldsboro of $4,180, to convey to to the cent~rline of a dirt road; thence along The SPEAKER. Is there objection to the hospital all right, title, and interest of the centerline of said dirt road the follow­ the present consideratjon of the bill? the United States to that portion of the ing courses and distances: North twenty-six Mr. TARVER. Mr. Speaker, reserving North Carolina farm tenant security project, degrees. eleven minutes west two hundred located in Wayne County, N. C., known as and thirty-one and sixty-six one-hundredths the right to object, this is another bill C1f unit No. 11 of said project, consistlng of feet, north thirt~r-eight degrees twenty-two some importance, and I think that some­ eighty-seven and ninety-four one-hun­ minutes west' one hundred and thirty-two body should be in position to explain its dredths acres, more or less, described by and no one-hundredths feet, north fifty-two provisions before we pass it. NQ}Jody is metes and bounds as follows: • degrees twenty-five minutes west one hun­ here representing the committee to ex­ Beginning at a nail on the centerline of a dred and thirty-two and no one-hundredths .plain the bill, therefore I ask unanimous dirt road said. corner being a common corner feet, north fifty-eight. degrees twenty min­ consent that it be passed over without between lands owned by one Charles Davis utes west two hundred and ninety-one and and the tract hereinafter described, thence eighty-five one-hundredths feet to the point prejudice. along the common lihe north Oil€ degree fifty ?f beginning. The SPEAKER. Is there objection to minutes east one thousand three hundred the request of the gentleman from and forty:.five and eight one-hundredths _ The bill was ordered to be engrossed Georgia [Mr. TARVER]? feet; thence north sixty-nine degrees thirty­ and read a third time, was read the third There was no objection. three minutes east one thousand three hun­ time, and passed, and a motion.to recon:;. dred and sixty-six and twenty one-hun­ sider was laid on_the table. "CONVEYANCE TO STATE HOSPITAL AT dredths feet; thence south four degrees fifty­ GOLDSBORO, N.C., OF A CERTAilir TRACT three minutes west two hundred and ninety­ MISCONDUCT FOR COMPENSATION AND OF LAND seven feet to the centerline of a canal; PENSION PURPOSES LIMITED TO FE­ LONIOUS MISCONDUCT The Clerk. called the next bill, H. R. thence along saiC.: canal the following courses and distances: South seventy-three degrees The Clerk called the next bill; H. R. 2562, ·to authorize the Secretary of Agri­ one minute east eighty-one- and eighty-four culture to sell and convey to the State one-hundredths feet, south seventy-six de­ 986, to define misconduct, for compensa­ Hospital at Goldsboro, Goldsboro, N.C., · grees fifty-seven minutes east one hundred tion and pension purposes, as limited to a certain tract of land, situated in Wayne and two and seventy one-hundredths feet, felonious misconduct. County; N. C. . south _forty-seven degrees twenty-four min~ The SPEAKER. Is there objection to The SPEAKER, Is there objection to utes east one hundred and thirty-three and the present consideration of the bill? the present consideration of the bill? six one-hundredths feet to the west bank of There being no objection, the Clerk Little River; thence along the west bank of read the bill, as follows: Mr. KEAN. Mr. Speaker, reserving Little River the following courses and dis­ the right to object, how much -did this tances: South seventy-one degrees forty-nine Be it enacted, etc., That paragraph IX of land cost the Government? I see they minutes thirty-eight seconds west fifty-one Veterans Regulation No. 10, as amended, be, are going_to sell it for $4,100. and ninety-four one-hundredths feet, south and hereby is, amended to read as follows: Mr. BARDEN. Mr. Speaker, I may seventy degrees ten minutes thirty-two sec­ "IX. A disability, injury, or disease will be onds west one hundred and twenty and sixty­ held to have resulted from misconduct when say to the gentleman that I do not know five one-hundredths feet, south fifty-five de­ it is due to felonious misconduct." exactly what it cost the Government, but grees thirty-three minutes forty-nine seconds With the following committee amend­ I am inclined to think that it was less west one hundred and sixty-four and twenty­ ment: than $4,000. I happen to know exactly one one-hundredths feet, south forty de­ Page 1, line 6, after the word "misconduct", where the land is located. This State grees thirty-four minutes thirty-four seconds insert !'only." hospital is a hospital for the insane, and west two hundred and fifty-three and four they need this land to protect the water­ one-hundredths feet, south seven degrees The committee amendment was twenty-two minutes west one hundred and agreed to. shed that is just adjacent to the prop­ seventy and twenty-one one-hundredths feet, The bill was ordered to be engrossed erty. south forty-six deg:tees forty-two minutes and read a third time, was read the third Mr. KEAN. Does the gentleman feel seventeen seconds east three hundred and time, and passed, and a motion to recon~ there is no loss to the Government for ninety-five and eighty one-hundredths feet, sider was laid on the table. what it paid for the land'/ south forty-one degrees thirteen minutes Mr. BARDEN. No; there would not thirteen seconds east two hundred and fifty­ PROVIDING MORE ADEQUATE AND UNI­ be a loss to the Government if the Gov­ one and thirty-three one-hundredths feet, FORM PROVISIONS IN VETERANS' LAWS ernment gave it to them. The State south sixty degrees forty-one minutes forty­ AFFECTING COMPE.rfSATIO:N, PENSION, four seconds east two hundred and thirty­ AND RETIREMENT PAY hospital man told me that he raised con­ four and thirty-one one-hundredths feet, siderable objection to the $4,000 as being south seventy-five degrees thirty-seven min­ The Clerk called the next bill, H. R. too much. He thinks the Federal Gov­ utes forty-four seconds east two hundred 2703, to provide more adequate and uni-' ernment is charging too much, but the and fifty-five and fifty-five one-hundredths form administrative provisions in veter-· State must have it, it is very useful, so feet, south sixty-four degrees twenty-six ans' laws pertaining to compensation, minutes forty-six 1 seconds east eighty-one he is willing to go along with it. and fort;1:four one-hundredths feet, south pension, and retirement pay, payable by Mr. COOLEY. Will the gentleman forty-one degrees twenty minutes nine sec­ Veterans' Administration, and for other yield? onds east two hundred and ninety-five and purposes. Mr. BARDEN. I yield to the gentle­ twenty-eight one-hundredths feet, south The SPEAKER. Is there objection to man from North Carolina. seventy-four degrees eight minutes nineteen the present censideration of the bill'? Mr. COOLEY. I think my colleague seconds east one hundred and forty-two and Mr. LESINSKI. Mr. Speaker, reserv­ tent one-hundredths feet, south sixty-seven from North Carolina is somewhat in degrees no minutes thirty-eight seconds east ing the right to object, this bill takes ju-: error regarding the am6unt the Govern.:. three hundred and twenty-three ancLforty• risdiction away not only from the Pen:­ ment has invested. I think the Govern­ seven one•hundredths feet, south thirty-one sions Committee, which committee bas ment actually has invested somewhat in degrees six minutes thirty seconds east jurisdiction over Spanish War veterans, excess of the $4,000. At the request of eighty-three and eighty-nine one-hundredths but it also takes jurisdiction away from LXXXIX~46

/ 5492 CONGRESSIONAL RECORD-HOUSE JUNE 8 the Invalid Pensions Committee which Budget, and the only objection it raised MEDICAL DEPARTMENT OF THE REGULAR has jurisdiction over the Army and Navy was to that provision in which we pro­ ARMY and the present global war. I have no vide that instead of receiving $6 a month The Clerk called the next bill, H. R~ objection that bills be handled by the while in hospitals, a veteran who is 997, to amend certain provisions of the Committee on World War Veterans' Leg- totally and permanently disabled from National Defense Act of June 3, 1916, islation if the legislation properly be- a non-service-connected disability will as amended, relating tb the Medical longs to that committee, but the rule is receive $8 a month. Department of the Regular Army. very specific that the Committee on So this measure has the support of The. SPEAKER. Is there objection to World War Veterans' Legislation has no every organization that is interested in the present consideration of the bill? jurisdiction over any other war than World War veterans; it has the support Mr. KEAN. Reserving the right to ob­ the World War. The only committee of the Veterans' Administration; and it ject-, Mr. Speaker, may I inquire whether that has jurisdiction over all wars is the has the approval of the Bureau of the or not the War Department is in favor Invalid Pensionc Committee. Budget. of this bill? Mr. Speaker, I ask unanimous consent Mr. LESINSKI. I have no objection Mr. BARDEN. Is the gentleman ad­ that this bill be passed over without to the veterans getting a raise in their dressing his remark to me? prejudice. pay checks, but I do have an objection to Mr. KEAN. . No, to some member of The SPEAKER. Is there Q.bjection to a committee getting a preference as to the Committee on Military Affairs. the request of the gentleman from Michi- legislation that does not belong to them. Mr. BARDEN. The gentleman from gan [Mr. LESINSKI]? Once a precedent is set the equities of North Carolina [Mr. DURHAM] introduced , Mr. RANKIN. Mr. Speaker, reserv- it do not mean anything. this bill, and I think may answer the ing the right to object, the gentleman Mr. RANKIN. Let me say again that gentleman's question. from Michigan [Mr. LEsiNSKI] has taken the Committee on Invalid Pensions, of Mr. DURHAM. I shall answer the the floor. several times in his broadcasts which the gentleman from Michigan [Mr. gentleman's question by · stating that I attacking the jurisdiction of the Com- LESINSKI] is chairman, is the old Civil believe the Surgeon General has always mittee on World War Veterans' Legisla- War Pensions Committee. We have let been on record as objecting -to the tion. I want to say that this is purely it go on because we preferred not to dis­ creation of additional corps, the Veter­ World War veterans' legislation. The turb that set-up as long as those old vet­ inary Corps, the Nurse Corps, and all bill was drafted at the request of the erans or their dependepts were living. other corps, and he objects to the · Veterans' Administration, it was intra- But hundreds of thousands of the boys in creation of this cotps. duced, and the Speaker properly referred the service now were in the First World Mr. KEAN. He objects to this because it to the Committee on World War Vet- War. I have a letter in my pocket now he does not like to have any more di1ier­ erans' Legislation. If· the gentleman from our former colleague, Colonel Fad­ ent types of corps in the Army? from Michigan [Mr. LESINSKI] imagines dis, who has just been wounded in north Mr. DURHAM. I think that is cor­ that he is going to block relief for World Africa, and who served throughout the rect. War veterans, especially these boys who last war. We have hundreds of thou­ Mr. WADSWORTH. Mr. Speaker, I are coming out of the service now and sands of these men who were in the last ask unanimous consent that the bill be who need this attention, he is very badly war now in the service. They are so in­ passed over without prejudice. mistaken. If we cannot get the legisla- terwoven, so interconnected, that it is The SPEAKER. Is there objection to tion passed this way, we will do it under absolutely mandatory that the same com­ the request of the gentleman from the regular rules of the House. mittee handle the legislation for both · New York? Mr. McCORMACK. Will the gentle- World War Ho. 1 and World War No.2. There was no objection. man yield? This fact is recognized by those on whose SPRINGDALE, UTAH Mr. RANKIN. I yield to the gentle- shoulders falls the responsibility for leg­ man from Massachusetts [Mr. Me- islation of this kind. The Clerk called the next bill, H. R. CoRMACKL · Mrs. ROGERS of Massachusetts. Mr. 2527, to amend the description of the Mr. McCORMACK. I hope that the Speaker, will the gentleman yield? area affected by the act of May 28, gentleman from Michigan will not object Mr. RANKIN: I yield to the gentle- 1928, entitled "An act for the relief of because of a technical situation that woman from Massachusetts. the town of Springdale, Utah," and for might exist in reference to the question Mrs. ROGERS of Massachusetts. This other purposes. of jurisdiction, because this legislation bill also has the endorsement of the Or­ There being no objection, the Clerk is important and means much to those der of the Purple Heart, composed of men read the bill,.as follows: who are serving. I am sure my friend wounded in action. Be it enacted, etc., That the act of May from Michigan Will look at the broader 28, 1928 (45 Stat. 787, ch. 818), is hereby implications and without in any way Mr. RANKIN. .'I'hat is right. The amended by substituting the following lan­ changing his views on jurisdiction not representative of the Order of the Pur- guage in lieu of the language in the act ple Heart, every one of whom was following the words "to grant permission to object to the consideration of the bill. wounded in action, came before this com- the town of Springdale, Utah," "to convey Mr. RANKIN. Let me say to the gen- through such piping facllities as may be nec­ tleman from Massachusetts [Mr. Me- mittee and gave this bill his unqualified essary, for domestic and other uses within CoRMACK] that this measure has the·un- support. the limits of said town of Springdale, Utah, qualified support of the American So if the gentleman from Michigan is water from certain springs in the Zion Na­ Legion. It has the unqualified support quibbling about our turning back the tional Park, Utah, located in sections 17, 22, of the Veterans of Foreign Wars. It has pages of history and throwing these World and 27, township 41 south, range 10 west, the unqualified support of the Disabled War veterans back into the old Civil War Salt Lake base and meridian." American veterans of the world war, Pensions Committee, I submit he is going The bill was ordered to be engrossed and of the Order of the. Purple Heart; to get cold , comfort from the veterans' and read a third time, was read the third it has the unanimous backing of the organizations and from the Members of time, and passed, and a motion to re­ Committee on world war ·Legislation, this House. I am going to object to this consider was laid on the table. . that heard the testimony on it; with one bill being carried over without preju- or two minor amendments it has the dice. I want it considered and passed CUSTODIAL EMPLOYEES OF THE POST unqualified support of General · Hines, now. OFFICE DEPARTMENT and, with only one question about rais- The SPEAKER. Is there objection to The Clerk called the next bill, H. R. ing the pay of men in the hospital from the present consideration of the bill? 2250, to extend the provisions of the Re­ $6 to $8 a month, it has the support, of Mr. LESINSKI. I object, Mr. Speaker, classification Act of February 28, 1925, the Bureau of the Budget. on grounds that Committee on World War to include custodial employees into the There may be one amendment with Veterans' Legislation has no jurisdiction Postal Service. which the Bureau of the Budget was not - over this legislation, that same belongs to There being_no objection, the Clerk familiar that I am sure the House will . the Committee on Invalid Pensions of read the bill, as follows: • approve unanimously, but this matter which I am chairman, and its jurisdiction Be it enacted, etc., That the act of Feb­ was submitted to the Bureau of the is all wars, including present global war. ruary 28, 1925, Postal Salary Classification

I 1~43 CONGRESSIONAL RECORD-HOUSE 5493 Act, is hereby amendM to include officers consent that the bill be passed over.with­ time, and passed, and. a motion to re­ and employees of the custodial service of out prejudice. consider was laid on the table. the Post Office Department: Provided, That The SPEAKER. Is there objection? SHIP CONSTRUCTION RESERVE FUNDS the salary ranges of the designated classes There was no objection. shall be as alJ.ocated by the Post Office De­ The Clerk called the bill (S. 163) to partment under the provisions of the Classi­ CHANGING NAME "LABORER" TO "MAIL amend section 511 of the Merchant Ma­ fication Act of 1923, as amended: And pro­ HANDLER," POSTAL SERVICE vided further, That such action shall not rine Act, 1936, as amended, relating to result in t he reduction of the salary of any The Clerk called the bill

I 5494 CONGRESSIONAL RECORD-HOUSE JuNE 8 "(2) in case of a. vessel or vessels not con· Mr. O~CONNOR. Within 'the last Mr. TARVER. I am putting that up structed under the provisions of this title or year. to the gentleman. not purchased from the Commission, (A) Mr. TARVER. Then the Indians had Mr. O'CONNOR. ,Qf course, I am not said construction is completed, within 6 about 4 years since the passage of the. the author of the bill. The gentleman months from the date of the construction from Utah [Mr. GRANGER] is the author contract, to the extent of not less than 5 bill in 1938 within which they might have percent thereof (or in case the contract cov­ brought the suits before the attorneys of the bill. I am very sorry the gentle­ ers more than one vessel, the construction were called into the service? man takes that attitude, because the bill of the first vessel so contracted for is so Mr. O'CONNOR. These claims re­ has the approval of the department and completed to the extent of not less than 5 quire a mighty lot of preparation to it was unanimously reported by the Com­ percent) as estimated by the Commission bring them into the court through the mittee on Indian Affairs and is a just bilL and certified by it to the Secretary of the General Accounting Office and all that Mr. TARVER. I think, according tG Treasury, and (B) all construction under sort of thing, In other words, after . the statements made here, the Indians such contract 1s completed with reasonable dispatch thereafter ... the Congress authorizes the beginning have been treated very generously b~r (d) Subsection (h) of such section is of suits, it takes time to get the necessary Congress and have had ample time when amended to read as follows: information. their attorneys were available to have in­ "(h) The Commission is authorized under Mr. TARVER. How far back is this stituted the suits. I am not in a posi­ rules and regulations to be prescribed jointly cause of action on behalf of the Indians? tion to agree to the passage of the bill by the Secretary of the Treasury and the Mr. O'CONNOR. It originated a long this morning. · Commission to grant extensions of the period time ago. Mr. GRANGER. Mr. Speaker, will the within which the deposits shall be expended Mr. TARVER. How long? . or obligated or within whit:h construction gentleman yield? shall have progressed to the extent of 5 Mr. O'CONNOR. As far back as 1881. Mr. TARVER. I yielQ.. percent of completion as provided herein, I think the first violation of treaty Mr. GRANGER. 'lbe time will have but such extension shall not be for an ag­ claimed wa.;; in 1881, but at the same expired by July 1, and if the gentleman gregate additional period 1n excess of 2 years time, if the gentleman will recall, we objects, of course the bill will be of no with respect to the expenditure or obligation ·had a mighty hard time to get any sort effect. of such deposits or more than 1 year wlth of a bill through the House owing to Mr. TARVER. Of course, you could respect to the progress of such co~struction: certain objectors in the House, author­ secure reenactment of the provision by Provided, however, That until the termina­ izing Indians to commence any kind of tion of the present war or until -such earlier Congress if it. is justified. I shall be time as the Congress by concurrent resolu­ suits in the Court of Claims or in any compelled to object unless the gentle­ tion or the President may designate, in ad­ other court. man asks that it be passed over without dition to the extensions hereinbefore per­ Mr. TARVER. - In other · words, 57 prejudice. mitted, further extensions may be granted years after the cause of action originated, Mr. GRANGER. Mr. Speaker, l ask ending not later than 6 months after such the Congress, through a spirit of liber-· unanimous consent that the bill • be termination of the present war or such earlier ality, gave the Indians 5 additional years passed over without prejudice. date as may be so designated." within which to bring suit in the Court The SPEAKER.. Without objection, it With the following committee amend­ of Claims. Their attorneys were in posi­ is so ordered. ments: tion to have brought suit for 4 years. of There was no objection. Page 3, line 14, strike out the word "after", that additional 5-year period, and now you are asking for 3 years more because HOSPITAL OR DISPENSARY AT ST. strike out all of lines 15, 16, 17, and 18, and LAWRENCE, NEWPOUNDLAND in line 19 strike out the words "in either case", for the last year two attorneys have been · and insert in lieu thereof tbe words "within in the armed services. The Clerk called the next business, 2 years from the date of such deposit." Mr. O'CONNOR. I want to suggest House Joint Resolution 118, authorizing Page 3, line 20, insert after the word "pe­ this to the gentleman, that the bill has the Secretary of the Navy to construct riod" the words "of 2 years." the approval of the Indian Commissioner and the President of the United States The bill was ordered to be read a third and the Interior Department, because .to present to the people of St. Lawrence, time was read the third time, and passed, they· are familiar with the facts with Newfoundland, on _behalf of the people. and 'a motion to reconsider was laid on relation to the required testimony. of the United States, a hospital, dis­ the table. Mr. TARVER. How much money -is pensary, or other memorial, for heroic sought by the Indians? · services . to men of the United States EXTENDING TIME, SUITS OF UTE INDIANS Mr. O'CONNOR. I do not know. Per­ Navy. The Clerk called the bill

I 5496 ·coNGRESSIONAL RECORD-HOUSE JUNE 8 the same time there are Members here The SPEAKER. Without objection, it The bill was ordered to be engrossed from the western part of the country, is so ordered. • and read a third time, was read the third from the area where these Indians live, There was no objection. time, and passed, and a motion to recon­ who ought to know more about this sub­ AMENDING THE NAVAL RESERVE ACT OF sider was laid on the table. ject matter than I. I am not in my judg­ 1938, AS AMENDED PERMISSION TO ADDRESS THE HOUSE ment justified in taking the responsib:ir­ ity because it is within my power under Mr. MAGNUSON. Mr. Speaker, I ask · Mr. MASON. Mr. Spealter, I ask the rules by my individual objection to unanimous consent for the immediate unanimous consent that on Thursday of prevent the passage of this bill if all consideration of the bill (H. R. 2859) to this week, after the disposition of the other Members of the House are of the amend the Naval Reserve Act of 1938, business on the Speaker's table and other opinion that it ought to be passed; so, as as amended. special orders heretofore made, I may far as I am concerned, I am not going to The Clerk read th~ title of the bill. address the House for 30 minutes. object, although I do not believe the bill Mr. TARVER. Mr. Speaker, reserving The SPEAKER. Without objection, it ought to be enacted. the right to object, was this bill on the is so ordered. The SPEAKER. Is there objection to calendar? There was no objection. The SPEAKER. It was not. the present consideration of the bill? EXTENeiON OF REMARKS Mr. KEEFE. Mr. Speaker, I obj€ct. Is there objection to the present con­ sideration of the bill? Mr. REECE of Tennessee. Mr. Speak­ PROTECTION OF WATER-FRONT There being no objection, the Clerk er, I ask unanimous consent to extend FACILITIES AND VESSELS read the bill, as follows: my own remarks in the RECORD and to Mr. VINCENT of Kentucky. Mr. Be it enacted, etc., That the Naval Reserve include an editorial from the Harpers­ Speaker, I ask unanimous consent to re­ Act of 1938, as amended, is hereby further burg News on the Post-war Advisory turn to Calendar No. 97, H. R. 2663, to amended as follows: Council, also to extend my own remarks provide a penalty for the willful viola­ Strike out section 502 and substitute there­ for the following: and include a letter I have received from tion of regulations or orders respecting "SEc. 502. Members of the Women's Reserve Mr. Chan. the protection or security of vessels, may be commiEsioned or enlisted in such ap­ The SPEAKER. Without objection; it harbors, ports, or water-front facilities. propriate ranks and ratings, not above the is so ordered. The Clerk read the title of the bill. rank of captain, corresponding to those of There was no objection. The SPEAKER. Is there objection to· the Regular Navy, as may be prescribed by Mr. HARLESS of Arizona. Mr. the Secretary of the Navy: Provided, That the present consideration of the bill? Speaker_, I ask unanimous consent to ex­ There being no objection, the Clerk there shall not be more than 1 officer in the grade of captain nor more than 15 officers in tend my own remarks in the RECORD and read the bill, as follows: the grade of commander: Provided further, to include a speech made before the Be' it enacted, etc., That whoever willfully That military authority of officers commis­ Arizona State Bar Association on April shall violate any regulation or order pro­ sioned under the provisions of this title may 30, 1943, by Cleon T. Knapp. mulgated or apprQved by the Secretary of the be exercised over women of the Reserve only Navy pursuant to lawful authority for the and is limited to the administration of the The SPEAKER. Is there objection to protection or security of vessels, harbors, Women's Reserve." the request of the gentleman from ports, or water-front facilities, and relating Strike out section 504 and substitute there­ Arizona [Mr. HARLESS1? to fire hazards, fire protection, lighting, ma­ for the following: There was no objection. chinery, guard service, disrepair, disuse, or "SEc. 504. Members of the Women's Reserve shall not be assigned to duty on board ves­ AMENDMENT TO FEDERAL HIGHWAY ACT other unsatisfactory conditions thereon, or OF JULY 11, 1916 the ingress thereto. ·or egress-, or removal, of sels of the Navy or in combat aircraft at any persons therefrom, or otherwise providing for time. No such member who is qualified to fill Mr. WHITTINGTON. Mr. Speaker, I safeguarding the same against destruction, an available billet in the Navy Department move to suspend the rules and pass the loss, or injury by accident, or by enemy ac­ proper at Washington shall be assigned to bill

.. :1943 · CONGRESSIONAL RECORD--HOUSE. ~ 5497. SEc. 3. The Commissioner of Public Roads reapportionment. There is at present Section 4 provides for an additional 1s hereby authorized to expend in coopera• allocated to the States on projects un­ tion with the highway department of any allotment of $15,000,000 for the construc­ State for engineering and economic investi­ obligated as of April 30, 1943, that would tion of roads to strategic materials, pri­ gations of projects for future construction be affected by a lapse on July 1, 1943, the marily minerals, the amount now avail­ and for surveys, plans, specifications, and es­ sum of about $68,000,000. These funds able having been expended; that amount timates for post-war highway improvements are allocated to the States under the· being $10,000,000. so much of the unobligated funds for regular formula of the Federal Highway Act. Section 5 provides for a survey of a Federal aid, for secondary or feeder roads, and On July 1, 1944, those funds would system of express highways by the De­ for the elimination of hazards at railroad amount to about ' $171,000,000. These partment of Public Roads and for a re­ grade crossings, that now remain available to port to the Congress within 6 months. such State, as may be deemed adequate, but ·funds have already been authorized. not to exceed in any State an amount which They are not being obligated because of Mr. GREEN. Will the gentleman would represent such State's share of $50,- the difficulties not only in highway con- . yield? 000,000 apportioned under the formula pro­ struct~on but in all other construction. Mr. WHITTINGTON. I yield to the vided under section 21 of the Federal High­ There is a very excellent report on the gentleman from Florida. way Act: Provided, That agreements may be pending bill here, giving an analysis of Mr. GREEN. I believe the gentleman entered into with any State highway depart­ it, the amounts that have accrued to has answered my question. This extends ment for such post-war highway projects not each State and the apportionments that ' for 1 year after the duration? It extends exceeding the unobligated Federal funds. for that length of time? SEc. 4. Section 6 of the Defense Highway are made, which are affected by the Act of 1941, approved November 19, 1941 provision against reversion and reap­ Mr. WHITTINGTON. Yes. (Public Law No. 295, 77th Cong.), as amended portionment, the amendments contained Mr. GREEN. Does the Federal and by the act of July 2, 1942 (Public Law No. ili'the bill, and a copy of the bill. State Governments both participate in 646, 77th Cong.), is hereby further amended Section 1 of the bill provides for a the expense of surveys up to then? by striking out the figure "$10,000,000" and change in the definition of the term Mr. WHITTINGTON. Both agencies inserting in lieu thereof "not to exceed · "constructjon" so as to include rights-of~ participate, as I stated, in the expense $25,000,000." of preparing plans and detailed specifi­ SEc. 5. The Commissioner of Public Roads way. Heretofore, except in strategic is authorized and directed to make a survey highways for national defense, the cations for highway construction follow­ of the need for a system of express highways States have provided the rights-of-way ing the war. throughout the United States, the number for Federal-aid projects. It is a matter The SPEAKER pro tempore. The time of such high-wayJ>.-~ needed, the approximate '·Of common knowledge t·hat much of the of the .gentleman has expired. routes which the.y should follow, and the ap­ highway construction that will be re:. Mr. WIDTTINGTON. Mr. Speaker, I proximate cost' of ·construction; and to re­ _quired following the present war will in­ "yield myself 1 additional minute. port to the President and to Congress, within volve a change and a relocation of exist­ Mr. O'CONNOR:· Will the gentleman 6 months after the date·of the enactment of yield? this act, the results of such survey together ·ing highways. So that the first section with such recommendations for legislation as of the bill is to p·rovide that both the Mr. WHITTINGTON. I yield to the 1s deemed advisable. · States and the Federal Government shall gentleman from Montana. share in the cost of rights-of-way for the. Mr. O'CONNOR. I .want to congratu.:. · · The SPEAKER. Is a second qe- · construction of highways. late the gentleman upon bringing up for manded? Section 2 of the bill is to prevent a .consideration this bill and I hope every Mr. WOLCOTT. Mr. Speaker, I de­ .lapse of highway,funds and continues in one votes for it because its passage is_..... mand a second. ·force unti11 year after the present war. very important to every State in the Mr. WHITTINGTON. Mr. Speaker, I Section 3 of the bill is an important Union and particularly to my own State, ask unanimous consent.that a second be provision and it looks toward highway as we must prepare to match the sum, considered as ordered. construction as public work following and this act will give us time to do this. The SPEAKER. Is therk objection to the war. I may say in passing that I Take my own State, for instance. This the request of the gentleman from Mis­ know generally of no more satisfactory provides that it has the amount of $2,- sissippi [Mr. WHITTINGTON]? public works to provide work for the un­ 135,692 for highways and $534,708 for - There was no objection; employed in all of the States of the _secondary roads, and then certain sums · The SPEAKER. The gentleman from Union than highway construction. for access roads. We must not lose these .Mississippi is recognized for 20 minutes ' The SPEAKER pro tempore (Mr. sums for our State is in dire need of road and the gentleman from Michigan [Mr. BoNNER). The time of the gentleman repairs and construction. WoLcoTT] will be recognized for 20 Mr. WHITTINGTON. I anticipate the minutes. has expired. gentleman's question. The purpose of Mr. WIDTTINGTON. Mr. Speaker, I Mr. WHITTINGTON. Mr. Speaker, I this bill is to prevent the gentleman's ) . yield myself 5 minutes. yield myself 2 additional minutes. State from being deprived of those funds Mr. Speaker, the bill has been reported Mr. Speaker, section 3 provides that and to extend the time unti11 year after . by the Committee on Roads, which is of there shall be eligible for expenditure the war for the projects to be constructed course a legislative committee. There with the Federal Government matching and for the gentleman's State to match . are no authorizations contained in the in preparing plans for post-war con­ it. bill and there are no provisions for addi­ struction not to exceed $50,000,000 of the Mr. O'CONNOR. How much wni the tional authorizations for appropriations. Federal aid highway funds for all pur­ State have to contribute i'n addition to The pressing need for the passage of the poses heretofore appropriated. In other what is provided for by the present law bill arises from the reversion and reap­ words, heretofore the States and the in order to take advantage of this fund? portionment provisions in existing Fed­ State highway commissions have pre­ Mr. WHITTINGTON. Nothing what­ eral aid highway legislation, where pared the plans for construction. This ever, no more than required by existing funds a.re unobligated by the States. section is merely an enlargement of sec­ law. It does not make any other change Under section 5 of the Defense High­ tion 9 of the Defense Highway Act, in existing law. way Act of 1941 the funds apportioned which provides that there shall .be ap­ Mr. MURDOCK. Mr. Speaker, will to the States unless they are obligated propriated $10,000,000 to prepare plans the gentleman yield? revert to the Treasury and are reappor­ and that the local interests and the Fed­ Mr. WHITTINGTON. I yield to the tioned among the States. It is well eral Government shall share equally in gentleman from Arizona. known that because of the difficulty in those plans. In the post-war program Mr. MURDOCK. I want to commend . public construction arising from prior­ where the Federal Government must this legislation for its safeguarding high­ ities and the ·war there is practically make large appropriations for highway way funds to the various States. Has . a cessation in highway construction at construction, it is preeminently proper any change been made in the allotting the present time. that we should provide now fof plans so of funds for access roads, or is that on Section 2 of the pending bill provides that we will have available to the States the same basis as last year? for a continuation of the time for the and to the Federal Government adequate Mr. WHITTINGTON. No change allocation of projects to the States and plans already prepared for the essential whatever has been made. a matching of those projects by the highway construction that must follow Mr. MURDOCK. But the amount has ·state without provision for reversion and the war. been increased?

, ' 5498 CONGRESSIONAL RECORD-HOUSE JUNE 8 Mr. WmTriNGTON. The amount We anticipate that following the war Apportionment of $50,000,000 in accordance has already ·been increased to $260,000,- there will be a boom in roadbuilding. It with the provisions of sec. 21 of the FederaZ 000, and there is no amendment for that will be essential that a large portion of Highway Act-Continued purpose. the highways in the United States be STATE AND AMO~Ontinued Mr. NORRELL. Mr. Speaker, will the totally reconstructed. In order to do this ~~ippi______$919,522 gentleman yield? job-effectively and well, the States must l4ontana~souxl------______1,037,2801,519,138 Mr. WHITTINGTON. I yield to the make plans now. They should have what is NebraSka------1,020,507 gentleman from Arkansas. known as a shelf of projects, so that Nevada------654, 359 Mr. NORRELL. Does this affect the they will be able to utilize all of their New Hampshire______250, 000 moneys that presently may be due the re- , facilities immediately after the war for New Jersey______651,596 spective States and which have not here­ the rehabilitation of these highways New Mexico______829, 669 tofore been used? which are being broken up because of New ~ark______:______2, 469, 884 Mr. WIDTTINGTON. It does not, ex­ the heavy tramc incident to our war North Carolina______1, 235, 019 North Dakota______765,365 cept to prevent their lapsing, as I have effort. So we have not only made these C>hio ______1,802,996 stated. unallocated funds available to them for Oklahoma------1, L62, 017 The SPEAKER pro tempore. The 6 months following the termination of· Oregon______849,827 time of the gentleman from Mississippi hostilities but we have provided that Penhsylvania______2, 093, 567 has again expired. $50,000,000 of those funds shall be allo­ Rhode Island ______-______250,000 Mr. WOLCOTT. Mr. Speaker. I yield cated among the States in accordance South Carolina______693, 473 South Dakot a______804, 186 such time as he may desire to the gen­ with the provisio~ of section 21 of the Tennessee ______1,086,546 tleman from New York [Mr. REEDJ. Federal Highway Act, which means that ·Texas______3, 252, 287 this money shall be allotted to the States QUESTIQNS AND ANSWERS TO THE TAX tJtah------576,142 PAYMENT ACT OF 1943 on the basis of population, area, and road Vermont______250, 000 Mr. REED of New York. Mr. Speaker, mileage. There will be a fund available Virginia______936, 400 to each State for planning purposes. VVa5hington______807, 890 I ask unanimous consent to extend my I can give to the Members of Congress VVest Virginia______563, 183 own remarks in the RECORD relating to VV~consin ______1,231,947 the approximate amount of tlie $50,- the tax question, including questions ~38,436 000,000 which will be available to their , VVyoming______anci answers and certain tables. HawaiL------250, 000 The SPEAKER pro tempore. Is there State highway commissioners for plan- District of Columbia______250, 000 objection to the request of the gentle­ ning and survey purposes. · Puerto Rico______253, 006 man from New York? Mr. WHITTINGTON. Mr. Speaker, There was no objection. will the gentleman yield? Total------50,000,000 Mr. WOLCOTT. I yield to the gen­ AMENDMENT TO FEDERAL HIGHWAY ACT tleman from Mississippi. The SPEAKER pro tempore. The OF JULY 11, 1916 Mr. WHITI'INGTON. May I take the time of the gentleman from Michigan Mr. WOLCOTT. Mr. Speaker, I yield libarty of suggesting to the gentleman, has expired. myself 5 minutes. inasmuch as we are considering this mat­ Mr. WOLCOTT. Mr. Speaker, I yield Mr. Speaker, the gentleman from Mis­ ter in the House, that he ask unaniz):lous myself 2 additional minutes. sissippi has covered this bill intelligently _consent to include those figures in his Mr. CURTIS. . Mr. Speaker, will the and specifically. It ·seems that he has remarks. I believe they will be im­ gentleman yield? left very little if anything to be said. portant. Mr. WOLCOTT. I yield to the gen­ I do not believe there should be any op­ Mr. WOLCOTT. The figures I have tleman from Nebraska. position to this bill. It is probably one before me are not exact, but I will have Mr. CURTIS. Will this bill incorpa­ of the most meritorious bills the Com­ the exact figures in a few minutes. rate the highway plan suggested by the mittee on Roads has ever reported out. Mr. Speak-er, I ask unanimous consent gentleman from Pennsylvania [Mr. S'NY~ As the gentleman from Mississippi has that as a part of my remarks I may in­ DER]? said, if we do not act in this matter be­ clude a break-down of the $50,000,000 Mr. WOLCOTT. This bill does not in­ fore J'uly 1 of· this year, some $68,000,- that is referred to in section 3 of the bill, clude the plan advanced by the gentle­ 000 of funds which have already been in which there will be a designation of man from Pennsylvania [Mr. SNYDERl. allocated to· the States will be lost to the exact amount which each State will The committee bas given a great deal of those States _for all purposes. Another have available for planning purposes. consideration to that, but we think the amount will revert a year following. The The SPEAKER pro tempore. Is there matter has to be thought out a great deal total of.__ these amounts, as you will obJection to the request of the gentleman more thoroughly than it has up to the notice 'Qy reference to the hearings, is from Michigan? present time before we want to recom­ $171,544,373. There was no objection. mend it to the House. There has been very little highway The matter referred to follows: ~. WHITTINGTON. Mr. Speaker, will the gentleman yield? construction under the Federal Highway Appartionment of $50,0QO,OOO in accordance Act, wherein the States match the with the provisions of sec. 21 of the Federal Mr. WOLCOTT. I yield to the gentle­ moneys allocated to them by the Fed­ Highway Act man from Mississippi. eral ·Government, because of the war Mr. WHITTINGTON. It is under­ STATE AND AMOUNT stood that under section 3, in the event and because the War Production Board Alabama------~----- $1, 073, 685 under the circumstances could not give Arizona______737. 698 a~y State does not use its part of the priorities to the states and the contrac­ Arkansas______879,398 $50,000,000 allocat~d. that part will still tors for sufilcient materials for consruc­ California______2, 052, 843 be available for construction, so the tion. So there has been a period now Colorado______920,452 State does not lose it. of some months, perhaps over a year, Connecticut______318, 057 Mr. WOLCOTT. Yes. I may say that where all the construction that has been Delaware______250, 000 this $50,000,000 is deducted from the ag­ done in th1 several States has been either F1orida------

' , 1943 CONGRESSIONAL RECORD-HOUSE 5499 Mr. WOLCOTT. Yes. The total an assumption by the end of 1960 there I direct attention to section 5 of the amount available at the present time for would be but 27,000 miles of surfaced proposed measure. This portion of the Federal aid to highways, secondary roads remaining, from about 209,800 sur­ bill, originally embodied in H. R. 2615, roads, the elimination of grade railroad faced miles now existing on the Federal- would not only authorize but would di­ crossings which have been allocated in aid highway system. · rect the Commissioner of Public Roads accordance with the Federal highway An adequate reconstruction program to make a survey of the needs for express , acts that have been passed, is the total is ~sential in view of an estimated in­ highways in the United States. In that that I have mentioned, $71 ,544,373. crease in motor-vehicle registration. At study he would bring back to the Presi- · Mr. HOBBS. And there is nothing in the same time there will no doubt be an dent and to the Congress recommenda­ this bill which relaxes the rule about appreciable increase in annual travel per tion for the number of such highways wartime construction? vehicle, bringing approximately a 50- needed, the approximate routes which Mr. WOLCOTT. No. As a matter of percent increase in use of the highways. they should follow, and the approximate fact, we make it easier in this bill for The Roads Committee learned in Feb­ cost of construction. those funds to be used. We increase the ruary 1938 that the following recon­ Mr. HARE. Mr. Speaker, will the gen­ amount available for the construction of struction program would be required to tleman yield? access roads to sources of raw materials, meet traffic demands and provide an Mr. RANDOLPH . . Yes; I yield to the from $10,000,000 to $25,000,000. adequate system by 1960. gentleman from South Carolina. Mr. HOBBS. What I am inquiring On the Federal-aid system the follow­ Mr. HARE. Will it be entirely within about is the relaxation of the rule as to ing annual program would be required the discretion of.the Commissioner to de­ access roads to forts, airports, and simi­ from 1945 to 1960 if we are to have a - termine the location of these_highways, or lar training grounds, for the preparation 250,000-mile, surfaced, Federal-aid sys- will there be any di[ection from the Con­ of. our boys for combat service. tem by that date: · gress? Mr. WOLCOTT. No. I think the Miles Mr. RANDOLPH. The Commissioner gentleman refers to the provision of the Sand-clay, topsoil, etc______2, 332 of Public Roads is directed by the House bill by which we made available $260,- Gravel and stone· types_ =------6, 943 Roads Committee, and by the Congress, if Bituminous macadam and bitumi- 000,000 tOr the construction of what we nous mixes ______4,739 this bill is enacted into law, to work with term "access highways" to camps, navy Concrete, bituminous concrete, brick, his staff in cooperation with the road of­ yards, and so forth. etc ______4,000 ficials of the various States, including . Mr. HOBB&. And there has been re­ the gentleman's State, in determining laxation with regard to roads to' sources 'l'otal annual mileage Federal- the need, approximate locations, and ap­ of•raw material but no relaxation as to aid system ______18,014 proximate cost of these highways. He others? The average total mileage constructed must report within 6 months with a Mr. WOLCOTT. We increase the on the Federal-aid system for the period definite limitation on Commissioner Mc­ amount made available from $10,000,000 from 1921-37 was 14,407 miles, although Donald to bring back to Congress and to $25,000,000. There has already been during the years 1935, 1936, and 1937 to the President in that period his find­ expended about $9,000,000 of the orig- the average was approximately 13;ooo ings. His report would also recommend ' inal $10,000,000 of the original $260,- miles on the Federal-aid system. to the Congress such legislation as it is 000,000 made available, and because they deemed advisable to pass in connection have to expand this program we have The House Roads Committee heard _ with superhighways or. express roads. increased that $10,000,000 to $25,000,000, in 1938 and again in 1940 that the need Mr. MURDOCK. Mr. Speaker, will the making available an additional $15,000,-· for modernizing our road system was in­ gentleman yield? 000 to construct access highways to creasing at an alarming rate. The total Mr. RANDOLPH. Yes. sources of raw materials, so that there estimated cost of modernizing the roads Mr. MURDOCK. I take it that this will be perhaps a lessening by $15,000,000 in 1938 was $3,329,000,000 for 98,181 miles survey you would authorize in section of the total amount used for other pur­ of roads plus $393,428,000 for 19,376 5 is post-war planning for highway poses, and it is all the safne1und anyway.· bridges. By 1940 these figures had in­ building. · ' Mr. HOBBS. It may be somewhat creased to $3,500,000,000 for 106,560 miles Mr. RANDOLPH. ' The gentleman is harder instead of easier to get needed of highways plus $444,476,000 for 21,682 correct. I might say also that it is abso­ construction to camps, and so forth. bridges. At that rate the cost of mod­ lutely necessary to plan for the future of Mr. WOLCOTT. No; because there is ernization for highways averaged $115,- America, not only from the standpoint of plenty of money available for all those 550,000 for 4,189 miles of highways per an integrated highway system but in purposes. . year plus $25,024,000 for 1,153 bridges many other aspects as well, and I believe Mr. WHITTINGTON. Mr. Speaker, I per year. This enormous increase was the able gentleman from Arizona agrees yield 5 minutes to the gentleman from occurring in spite of a normal construc­ with me on that proposition. West Virginia [Mr. RANDOLPH]. tion program by the States of approxi­ Mr. MURDOCK. If the gentleman Mr. RANDOLPH. Mr. Speaker, the mately $500,000,000 per year. will permit me, I have always regarded legislation which comes with the unani­ During the latter part of 1942 prac­ the gentleman as a great advocate of mous report of the House Roads Com­ tically all road construction was stopped aviation, commercial and otherwise:. mittee proposes to take those funds except for that small mileage which was The gentleman does not feel that avia­ which were provided in our Defense considered of immediate military im­ tion will make such strides, that trans­ Highway Act of 1941, and use them for portance. Therefore, in addition to the portation by land or sea will be rela­ a program of planning and the prose­ rapid need for modernization there must tively unimportant. cution of road construction immediately be added the amount of normal con­ Mr. RANDOLPH. The gentleman after the war. We know that the short­ struction which has accumulated in the raises a pertinent point. I would not age of manpower and materials made it amount of $650,000,000. Taking tne fig­ assume to say that any one system of impossible during the past year to do any ures of 1938 and 1940, with the addition transportation would replace any other appreciable amount of work in any of of the average increased' need for mod­ system. the States of the Union. Testimony pre­ ernization and the accumulated amount . Mr. MURDOCK. The gentleman f'rom sented to the House Roads Committee of delayed annual construction, there West Virginia has· also been a stanch disclosed our ];)resent improved roads will exists as of 1943 on the Federal-aid and advocate of very superior highways ever not remain so without constant mainte­ State highway systems a needf!d con­ since I entered Co:pgress in 1937. No nance and without replacement when struction program of $5,016,000,000. doubt, the study provided for in section they get beyond the condition of eco­ The explanation made by the gentle­ 5 is planned to coordinate all systems of nomical maintenance. In many cases man from Mississippi [Mr. WHITTINGTON] transportation. they have become a menace to safe high­ and the gentleman from Michigan [Mr. Mr. RANDOLPH. We need an inte­ way transport. WoLCOTT] as to the general provisions grated system of transportation and Our highway network would decrease of the bill correctly bring to the mem­ communication in America-highways, rapidly in adequately improved mileage bership the necessity for the passage to­ skyways, and waterways. All of them if construction should stop. Under such day of this legislation. need to be welrrounded, and this sort of

/ 5500 CONGRESSIONAL RECORD-HOUSE JUNE 8 a survey will be very helpful toward that and approximate costs of these highways, I am in favor of the bill H. R. 2798. It end. so as to eliminate any anticipated com­ modifies the Federal Highway Act ap­ Mr. HOFFMAN. Mr. Speaker, will the petition as to the location of these lines. proved November 9, 1921. Under the gentleman yield? Mr. RANDOLPH. The gentleman is original act no part of the Federal funds Mr. RANDOLPH. I yield. absolutely correct. We here lay the could be used in paying for the rights­ Mr. HOFFMAN. Do you think if the ground work for future discussion and of-way. This measure amends that act 0. P. A. continues its present activities planning, Now is the time to proceec1. and provides the term "construction" there -will be anything to haul on these The SPEAKER pro tempore. The time means the supervision, inspection, and highways? of the gentleman has again expired. actual building and all expenses includ- Mr. RANDOLPH. I should say to the Mr. WOLCOTT. Mr. Speaker, I yield ing the costs of rights-of-way incident to gentleman that I am not in agreement such time as he may desire to the gen­ the construction of highways. If this with the policies of the 0. P. A. in many tleman from Kentucky [Mr. RoBsioNt measure becomes a law, the Federal Gov­ particulars. The gentleman may remem­ Mr. ROBSION of Kentucky. Mr. ernment may participate with the States ber that I once said in this body that the Speaker, I arise in support of the mo­ in paying for the rights-of-way, the American people are eager to comply with tion to suspend the rules and pass the same as it now does in the actual build- restriction, with regulation, and with ra­ bill private contractor doing it has been practically impossible to build full share of responsibility for the build­ work either for the Army or the Navy roads. TheW. P .... B. will not give prior­ ing and maintenance of our Federal causes damage. The States and cities ities for road building because the crit- highway 'System .

.. . 5502 CONGRESSIONAL RECORD-ROUSE JUNE 8 The SPEAKER pro tempore-. The There is no public work more useful road work on military or defense high­ time of the gentleman from Oregon has than highway construction. It stimu­ ways. The report contains some interest­ expired. lates production as well as employment ing tables, one showing unobligated bal­ Mr. WOLCOTT. Mr. Speaker, I yield because it not only provides direct labor ances of regular funds, availability of such time as he may desire to the gentle­ in many fields near the .sources of labor which Will expire on June 30, 1943, as man from Massachusetts [Mr. GooD­ but also provides labor in the produc­ of April 30, 1943. WIN]. tion of equipment and machinery. It The unobligated balances of regular Mr. GOODWIN. Mr. Speaker, I ask calls for materials of many sorts from funds in my State of Nebraska show that unanimous consent to revise and extend many sources. lt does not compete with in the highway fund we have $1,810,- my'remarks in the RECORD at this point. private industry, but rather stimulates 155; for secondary or feeder roads $348,- The SPEAKER. Is there objection? private industry and private enterprise 653; for grade crossings $186,780, or a There was no objection. by starting a chain of business activity total of $2,345,588 of unobligated bal­ Mr. GOODWIN. Mr. Speaker, I hope which reaches into many channels and ances of regular funds. this bill will pass because it will put Con­ extends back through the mines and the The second table in the report which gress on record before the country as mills and through an ever widening cycle accompanies this bill shows balances of taking one very important and far-seeing of business contacts it plays an impor­ funds apportioned to all States available step in the program of post-war recon­ tant part in creating and maintaining for programmed proj~ts as of April 30, struction. When this war is over two what we call good times. 1943, and this table indicates that in compelling facts will face a nation con­ Enactment of this bill will be ac- Nebraska we have for the regular Federal fronted with meeting and solving vital .,.claimed by all who are looking to the aid $3,029,640; for Federal aid, second· post-war problems: First, a sadly deterio­ Congress to begin now to legislate in an­ ary roads, $691,898; and for Federal aid, rated road system-, and, second, millions ticipation of the day when we shall face grade crossing roads, $515,703; or a ,total of returned and returning servicemen the di1ncult task of setting up the stabi­ of $41237,433. · and defense workers seeking and deserv­ lizing constituents of a civilian peace­ Under the D~fense Highway Act of ing employment. time economy to displace the total war 1941, funds were made available to the Under a wartime economy neglect of economy of today. various States in accordance with a for­ our highways has been inevitable, but in Mr. WOLCOTT. Mr. Speaker, I yield mula provided by law in order to meet the transition to the anticipated peace­ 2 minutes to the gentleman from Ne­ the emergency highway transportation ­ time economy there will be few necessi­ braska [Mr. STEFAN]. needs. Because of the difficulty in· ob­ ties which will deserve priority over the Mr. STEFAN . . Mr. Speaker, I think it taining labor, equipment, and materials, need cif a well-integrated system of high­ is very timely that road legislation is it has been impossible for the States to ways in a ·state of repair and improve­ being brought to- us -for consideration. obligate these funl;is. Section 5 of the ment permitting safe and. speedy traffic. The farmers are interested in this legis­ Defense Highway Act of 1941 provides To promptly rehabilitate our road sys­ lation, especially where it refers to farm­ that these funds, together with all Fed­ tem will call for an army of laborers to-market roads. There are thousands eral road furrds apportion·ed to the States which can be readily recruited from of miles of farm-'to-market or feeder prior to December 31, 1941, if not obli­ those whose servic,es will be freely and roads which . have had very little at­ gated by the 'States on or before June 30, urgently offered to follow war and de­ tention and which must be made all­ 1943, shall be reapportioned' among the fense services which will sooner or later weather roads. Farm-to-market or feed- - States. The section further provides become summarily terminated. er roads and our post roads must be that no State having an unobligated b:U­ This bill insures to the several States made all-weather roads in order that ance in its road fund shaU be entitled to the continued right to the use of Federal we can solve our distribution and trans­ participate in the reapportionment. The funds which were made available for .portation problem as it relates to the most pressing reason for the passage of Emergency highway transportation plan for the future construction o·f super­ the legislation now under consideration needs under the Defense Highway Act of highways. is the provision found in section 2 of 1941, but which have not been obligated, The importance of rural road improve­ li. R. 2798, which would prevent'the re­ and, in most cases, could not be obligated ment is shown in the 1940 census figures version and reapportionment of these because of wartime restrictions. And which indicate that a total of 4,144,136 funds. these funds may now be employed, ·if the passenger aut,omobiles and 1,047,084 The remaining sections of the bill bill is enacted, ·by the several States for motortrucks are owned on 4,486,220 would lay the ground work for a well­ surveys and for construction, including farms. The obsolescence of these roads planned program of essential road con­ the costs of rights-of-way. is indicated by the fact that in one pre­ struction and repair to be commenced at Engineering forces in the State high­ war year more than 27,000 of the 39,500 ,the end of the war. way departments have been seriously de­ traffic-accident deaths occurred on ru­ Because of the great interest Nebraska pleted, but such forces as are left intact ral highways. has in this program, I urge the passage may be set to work at once in the prep­ It is absolutely essential that the Amer­ of the bill because we in Nebraska are aration of plans for post-war construc­ ican farmer be lifted out of the mud, anxious that the Federal- and State-aid tion and for the acquiring of rights-of­ into which many of the country roads program be continued in order that we way so that instead of a delay of a year are transformed during wet weather. can complete a well-thought-out and a or more when the war ends the States The post-war period must bring to the well-considered road program which in­ will be ready to start work at once. American farm population a Nation-wide cludes the completion of thousands of We can hardly overestimate the value system· of modern, all-weather roads. miles of farm-to-market or secondary of this saving of a year's time in putting I favor the passage of H. R. 2798 which roads. our highway and motor-transportation is a bill to amend the act entitled "An We are also interested in the passage system in an adequate condition to carry act to proVide that the United States of this bill because, under existing law, the commerce of the country in a world shall aid the States in the construction the cost of rights-of-way in the con­ at peace if the country is to take the of rural post roads, and for other pur­ struction of roads under the Federal-aid place we want it to take in the com­ poses", approved July 11, 1916,· as program is left to be met by the States merce of the world. amended and supplemented. The bill is without Federal participation. Section 1 Each of the States now has a system a substitute for H. R. 2113, upon which of this bill would amend the definition of highways which, taken together, form the members of the House Committee of the word "construction" as found in a national network which has become on Roads held extensive hearings on May section 2 of the Federal Highway Act of one of the most important of those fa­ 14, 15, 17, and 20, 1943. The hearings November 9, 1921, so that costs of rights­ cilities making up our boasted national -on this bill are very important and should of-way may be included as part of the economic system. Improvement of this be read by every Member of the House construction costs and may be shared by system, necessarily interrupted by the who realizes that our road-construction the State and lf'ederal Govetnments on prosecution of the war, may now be re­ program had just begun when war hos­ the same basis as other items of con­ sumed as soon as the war is over when tilities started and when much of the struction. the States take advantage of the pro­ construction program had to be curtailed Regarding the reversion and reappor­ :visions of this bill. in order that we could concentrate our tionment of highway funds, one section 1943 CONGRESSIONAL . RECORD-HOUSE 5503 of the Defense Highway Act of 1941 pro­ highway transportation needs, and, if our great American material men. I vides that any Federal funds appor­ necessary, to provide employment for the feel that the combined efforts of these tioned to States prior to December 31, men and materials to be released at the American road builders is reflected in 1941, pursuant to existing Federal-aid end of the war. this legislation alorig with the excellent road legislation, which shall not be obli-· Those of you who listened to the work of every member of the House gated on or before June 30, 1943, shall speech by the gentleman from Pensyl­ Committee on Roads. It has been my ex­ be reapportioned immediately 'thereafter vania, the Honorable J. BUELL SNYDER, perience to learn that this committee among the States in accordance with the on his proposed super-highway pro­ gives unusual and serious study to all provisions of the Federal Highway Act, gram will readily admit that the of the legislation which is proposed to as amended and supplemented, except House Committee on Roads has given it. I am happy to note that the funda­ that any State or States which shall not much study to post-war planning so far mental principles in the American Road have so obligated said funds on June 30, as road construction is concerned. Right Builders' Association post-war program 1943, shall not be entitled to share in along that line, section 5 of the bill finds its initial start in this legislation. such reapportionment. I am informed authorizes and directs the Commissioner · Mr. WOLCOTT. Mr. Speal~er, I yield that up to this time no State has been of Public Roads to make a survey of the the remainder of my time to the gentle­ able to obligate all the funds allotted to need for a system of express highways man from Iowa [Mr. CUNNINGHAM]. it. This is true, not because the need throughout the United States, the . ap­ The SPEAKER pro tempore. The* for road construction, maintenance, and proximate number and routes of such gentleman from Iowa is recognized for repair is not critical, but because labor, highways and the probable cost of such 5 minutes. materials, and equipment have been as­ a system. The Commissioner is directed Mr. CUNNINGHAM. Mr. Speaker, signed to work which the Government to report the results of the survey to the this bill has the approval of the Associa­ has regarded as even more urgent. Since President and to Congress within 6 tion of State Highway Officials. Failure my State could not qualify, section 5 of months after the date of the enactment to pass this legislation would place a the Defense Highway Act, if allowed to of the act. penalty on those States which have been operate on these unobligated funds, Due to the fact that the Pennsylvania economical and restricted expansion to would place the Federal Government in Turnpike connects with Highway No. 30 aid the war effort and at the same time the position of having reacquired funds near Pittsburgh and due to the fact that grant a bonus to tQ.e spendthrift States. for reapportionment among the States the map which was displayed by Mr.­ It enables the State highway engineers of and finding no State eligible to partici­ SN:YDER recently on the floor of this House each State as well as the District of pate-and not due to any lack of dili­ would indicate that the turnpike would· Columbia to plan now for the post.:war gence or good faith on the p~rt of the be connected with Highway No. 3 to ex­ mu1a provided by la.w in ord.er to meet tation facilities are being used to their tend the time within which suit or suits the emergency highway transportation uttermost and it is difficult to say what may be brought under the act of June needs. Because of the difficulty in ob­ part of the damage occurring on any 28, 1938 (52 Stat. 1209). taining labor, equipment, and material, highway including those to defense The Clerk read the title of the bill. the States have been. unable to use all plants is attributable to the war. For The SPEAKER. Is there objection to of these funds, and there still remains this reason the reconstruction and re­ the request of the gentleman from Mon­ unused by the States over $17l,OOO,OCO. building of highways will involve enor­ tana [Mr. O'CONNOR]? This act will prevent the reversion of mous sums and in certain instances the Mr. CARTER. Mr. Speaker, reserv­ these unused funds back into the Fed­ relocation of the highway. As I say, ing the right to object, is this the bill eral Treasury and will keep them appor­ the committee has in mind reporting that was called up on the Consent Cal­ tioned among the States to be used at at an early date a program to provide endar a short time ago and objected to? the end of the war emergency. large amounts to be expeJ)ded by the Mr. O'CONNOR. Yes; but I may say One provision of the act would amend Federal Government in highway con­ to the gentleman from California that the present highway law so that costs of struction following the war that will in­ the gentleman from Georgia who first right-of-way may be included as part volve the reconstruction and repair of objected withdrew his objection. Later of construction costs and may be shared damages to existing highways. on the gentleman from Wisconsin [Mr~ 1943 CONGRESSIONAL RECORD-HOUSE 5505 KEEFE] objected, but the gentleman from by agreement without the necessity of The SPEAKER. Evidently a quorum Wisconsin EMr. KEEFE], as I understand commencing suit; but they are under is not present. it, is willing now that the bill be con­ the necessity of either commencing this Mr. CANNON of Missouri. Mr. sidered without objection. suit before the expiration date, which is Speaker, I move a call of the House. · Mr. CARTER. Mr. Speaker, as is well about 20 days hence, or they will lose A call of the House was ordered. known by the gentleman from Montana, their right to commence suit. If they do The Clerk called the roll, and the there are certain Members of this House commence action it is expected that that following Members failed to answer to who are designated the official objectors will set aside all of the efforts toward their names: on either side of the aisle. They are negotiations that have been had in the (Roll No. 931 not here at this time. past. I believe we will be doing a good Barry Fulmer O'Toole MP;- O'CONNOR. They were all here thing if we extend the time on the basis Bell Furlong Pfeifer Bradley, Mich. Gavagan Philbin when the bill was called and considered. of those facts which I have ascertained. Brehm Gibson Pracht Mr. CARTER. I do not know if the Mr. CARTER. Does not the gentle­ Buckley Gossett . Rees, Kans. gentleman from Wisconsin EMr. KEEFE] Bulwlnkle Grant, Ala. Rivers man think that is an unusually long time Byrne Gross Rizley had not objected that there would not be to extend that right? That is a period Cannon, Fla. Hebert Robinson, Utah an objection from some of them. of 3 years, as I understand it. Capozzoli · Heffernan Rogers, Calif. Mr. KEEFE. Will the gentleman Celler Hendricks Russell Mr. KEEFE. I do not think so, under Chenoweth Holifield Sabath yield? the ~ircumstances, due to the fact I have Cochran Holmes, Mass. Sasscer Mr. CARTER. I yield to the gentle­ also ascertained tbat the two men in Mr. Cole, N.Y. Hope Scanlon man from Wisconsin. Colmer Johnson, Smith, W.Va. Wilkerson's office who represent these Costello Lyndon B. Stanley Mr. KEEFE. May I say that the mat­ Indian tribes and who had the active Crawford Johnson, Okla. Steagall ter was presented when the· official ob­ handling of these particular claims have Culkin Kelley Stearns, N. H. jectors were here and there was no ob­ Cullen Kennedy Talbot entered the armed forces and there is Curley King Taylor jection made by the official objectors. no one in the office who is familiar with Dawson LeCompte Thomas, N.J. The gentleman from Georgia originally these claims, and who can within .the Dies LeFevre Tolan objected on the ground he had no knowl­ time limit properly prepare the petition Dirksen Lynch Treadway Domengeaux McGehee VanZandt edge or information sufficient on which in order to get the claims in the Court of Daughton McGranery Vinson, Ga. to base an opinion. After he ascertained Claims. . Douglas ¥cGregor Voorhis, Calif. the facts he withdrew his objection and Mt. Drewry Marcantonio Wadsworth CARTER. Mr. Speaker, in view Eaton . Merrow Weichel, Ohio the gentleman from Wisconsin who is of the statement of the gentleman from Eberharter Monkiewicz Wheat now speaking interposed an objection. Wisconsin and the gentleman from Mon­ Feighan Mundt Whelchel, Ga. I may say to the membership of the Fitzpatrick Nichols Worley tana, I withdraw my objection. Flannagan O'Brien, N.Y. House that I have acquainted myself The SPEAKER. Is there objection to Fogarty O'Leary with the facts in reference to this bill the request of the gentleman from Mon­ and I find that there should be no ob­ tana EMr. O'CoNNOR]? The- SPEAKER. Three hundred and jection to it, therefore I withdraw any thirty-eig.Qt Members have answered to There being no objection, the' Cle:·k their names, a quorum. objection that I offered a few moments read the bill, as follows: ago. ·. Further proceedings, under the call, Be it enacted, etc., .That the time within were dispensed with. Mr. CARTER. Mr. Speaker, will the which a suit or suits may be brought under gentleman from Montana very briefly the act entitled "An act conferring jurisdic­ URGENT DEFICIENCY BILL, 1943- tell us what the bill does? twn upon the United States Court of Claims CONFERENCE REPORT Mr. O'CONNOR. Mr. Speaker, I will to hear, examine, adjudicate, and render Mr. CANNON of Missouri. Mr. state what the bill does. In 1938 the judgment on any and all claims which the Ute Indians or any tribe or band thereg;f Speaker, I call up the conference report Congress passed an act giving the Ute on the bill (H. R. 2714) making app~o­ Indians of Utah the right to file a claim may have against the United States and for other purposes,'' approved June 28, 1938 (52 priations to supply urgent deficiencies in in the Court of Claims against the Gov­ Stat. 1209), be, and the same hereby is, ex­ certain appropriations for the fiscal year ernment involving the value of some tended until 1 year after the termination of ending June 30, 1943, and for prior fiscal land that the Indians claimed had been hostilities by the United States in the present years, and for other purposes, and ask unlawfully taken from then).. There was World War. · unanimous consent that the statement an expiring date on that right to file the be read in lieu of. the report. suit of June 28, 1943. With the following committee amend­ ment: The SPE.l}KER. Is there objection to The reason why suit has not been filed the request of the gentleman from Mis­ is because two members of the law firm Page 2, lines 1 and 2, strike out the words "1 year after the termination of hostiJities souri? who represented the Ute Indians are There was no objection. now in the service of the Army or Navy. by the United States in the present World War" and substitute therefor "December 31, The Clerk read the statement. Mr. CARTER. How, long a time will 1946.'' The conference report and statement this be extended? are as follows: Mr. O'CONNOR. It is extended until The committee amendment was agreed 1946. I may say further that this bill to. CONFERENCE REPORT has the support of the Interior Depart­ The bill was ordered to be engrossed The committee of conference on the dis­ ment and likewise the Commissioner of and read a third time, was read the third agreeing votes of the two Houses on the Indian Affairs who believe the Indians time, and passed, and a motion to recon­ amendments of the Senate to the bill (H. R. sider was laid on the table. 2714) "making appropriations to .supply urg­ should have their day in court. That is ent deficiencies in certain appropriations for in substance what the bill is. EXTENSION OF REMARKS the fiscal year ending June 30, 1943, and for Mr. KEEFE. Will the gentleman Mr. HINSHAW. Mr. Speaker, I ask prior fiscal years, and for other purposes," yield? unanimous consent to extend my own having met, after full and free conference, Mr. CARTER. I yield to the gentle- have agreed to recommend and do recom­ remarks in the RECORD and include mend to their respective Houses as follows: man from Wisconsin. , therein· an article entitled "Women at That the Senate recede from its amend­ Mr. KEEFE. My investigation dis­ Work." ment numbered 59. closes the facts to be that the attorneys The SPEAKER. Is there objection to That the House recede from its disagree­ 'Who were handling these claims for the the request of the gentleman from Cali­ ment to the amendments of the Senate num­ Indians purposely refrained from start­ bered 1, 2, 3, 4, 6, 10, 11, 12, 13, 14, 15, 16, 17, fornia? 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, ing suit on the items that are now open There was no objection. • because of the fact that they were in 31, 32, 33, 34, 36, 38, 39, 40, 42, 43, 44, 45, 46, I CALL OF THE HOUSE 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58; negotiation with the Interior Depart­ and agree to the same. ment and it was expected, and still is ex­ Mr. BLACKNEY. Mr. Speaker, I make Amendment numbered 7: That the House pected, that these matters on which suit the point of order that a quorum is not recede from its disagreement to the amend­ has not been instituted will be settled present. ment of the Senate numbered 7, and agree to 5506 CONGRESSIONAL RECORD-HOUSE JUNE 8 the same with an amendment, as follows: In 33, relating to the District of Columbia: Ap­ AMENDMENTS REPORTED IN . DISAGREEMENT lieu of the sum proposed insert "$4,497 ,000": propriates $4,000 for postage; $1,675 for judi­ The followi.ng amendments of the Senate and the Senate agree to the same. cial expenses; $108.40 for general advertising, are reported in. disagreement: Amendment numbered 9: That the House fiscal year 1941; $8,200 for printing and bind­ No. 5: Relating to the President's emer­ recede from its disagreement to the amend­ ing; $35,000 for refund of erroneous collec­ gency fund. ment of the Senate numbered 9, and agree to tions; $3,472.39 for payment to Joseph Sharf­ No. 8: Increasing....tor the fiscal year 1943 the same with an amendment, as follows: In sin; $28,500 for maintenance expenses of the to $294,430 the amount that may be used by lines 11, 12, and 13 of the matter inserted by Tuberculosis Sanatoria; $5,464.14 for salaries the War Shipping Administration for travel­ said amendment strike out the proviso. for municipal court employees; $6,036.58 for ing expenses. House managers_will move to And the Senate agree to the same. support of convicts; $4,562 for support of recede and concur. Amendment numbered 35: That the House boys in the National Training School for Boys;. No. 37: Appropriating $400,000 to enable the recede from its disagreement to the amend­ $4,500 for deportation of nonresident insane; Geological Survey to meet obligations in­ ment of the Senate numbered 35, and agree $453.12 for the m111tia, fiscal year 1941; curred by it arising from cooperative work to the same with an amendment, as follows: $2,152.54 for settlement of claims and suits; pending reimbursement. House managers In lieu of the matter inserted by said amend­ $11,418.75 for judgments against the District; will move to recede and concur. ment insert the following: $1,037.94 for audited claims, fiscal year 1940 and prior years; $589,093 for temporary in­ No. 41: Appropriating $45,000 for defraying "BITUMINOUS COAL DIVISION crease in compensation under the act of April deficits in treasuries of municipal govern­ "For the Bituminous Coal Division, fiscal 1, 1943, for employees of the District of Co­ ments, Virgin Islands. House managers will year 1943, in carrying out the purposes of the lumbia; $468.19 for .£xpenses of the Depart­ move to recede and concur. Bituminous Coal Act of 1937, as amended (15 ment of Vehicles and Traffic, fiscal year 1941; Nos. 60 and 61: Relating to the employ­ U. S. C. 828-849), as further amended by the $7,426.65 for refUnd of paving assessments ment of Goodwin B. Watson, William E. Act of .April 24, 1943 (Public Law 40), and as under the act of April 23, 1924, as amended; Dodd, Jr., and Robert Morss Lovett. House further amended, to be supplemental to and and $174,763 for operation of the Washington managers will move to il!!Sist on House merged with the appropriation under this Aqueduct; all as proposed by the Senate. amendments. head in the Interior Department Appropria­ Nos. 34 and 35: Appropriates $700,000, in­ CLARENCE CANNON, tion Act, 1943, and to be available for the stead of $800,000 as proposed by the Senate, LOUIS LUDLOW, same objects of expenditure, $700,000, to con­ for salaries and expenses of the Bituminous EMMET O'NEAL, tinue available during the fiscal year 1944." Coal Division until August 24, 1943, under LOUIS C. RABAUT, And the Senate agree to the same. the act of May 24, 1943, and eliminates the JED JOHNSON, The committee of. conference report in dis­ proviso attached to the appropriation making JOHN TABER, agreement amendments numbered 5, 8, 37, availability thereof contingent upon the en­ R. B. WIGGLESWORTH, 41, 60, and 61. actment of the new law. Managers on the part of the House. CLARENCE CANNON, No. 36: Appropriates $20,000 for mainte­ LoUIS LUDLOW, nance of the Wapato irrigation and drainage Mr. CANNON of Missouri. Mr. Speak­ EMMET O'NEAL, system, Yakima Reservation, Wash., under the er, the amount carried by this bill as LOUIS C. RABAUT, Bureau of Indian Affairs, as proposed by the it passed the House was $134,096,279.86. JED JOHNSON, Senate. When it reached the Senate, the Senate JOHN TABER, Nos. 38, ~9. and 40, relating to the govern­ added amendments aggregating $9,534,- R. B. WIGGLESWORTH, ment of the Virgin Islands: Appropriates Managers on the part of the House. 311.70, so that the bill went to conference $7,000 for salaries and expenses, government providing appropriations totaling $143,- . KENNETH McKELLAR, of the Virgin Islands, and $2,100 for salaries CARL HAYDEN, · and expenses, agricultural experiment sta­ 430,591.56. MlLLARD E. TYDINGS, tion and vocational school, Virgin Islands, In conference the Senate receded from I R. B. RUSSELL, • I all as proposed by the Senate. $200,000 of the $9,534,311.70 and the GERALD P. NYE, No. 42: Increases the limitation of $19,950 House agreed to the remaining $9,334,- H. C. LODGE, JR., on the amount expendable for the fiscal 311.70 .proposed by the Senate. Managers on the part of the Senate. year 1943 for administrative expenses, Puer­ Six amendments remain in disagree­ to Rican hurricane relief, to $22,350, as pro­ STATEMENT ment, and will be taken· up in their or­ posed by the Senate. der as soon as the conference report is The managers on the part of the House at Nos. 43, 44, 45, 46, 47, 48, 49, 50, anci( 51, the conference on the disagreeing votes of the relating to the Post Ofllce Department: AP­ disposed of. The :first relates to limita­ two Houses on the amendments of the Sen­ propriates $8,800 for clerks, division head­ ti~n of the President's emergency fund ate to the bill (H. R. 2714) making appropria­ quarters, Office of the Chief Inspector; and will doubtless occasion some discus­ tions to supply ·urgent deficiencies in certain $14,000 for Star Route Service, fiscal year sion. The remaining five are of minor appropriations for the fiscal year ending June 1942; $5,375,000 for Railway Mail Service; importance-with the possible exception 30, 1943, and for prior fiscal years, and for $375,000 for railway postal clerks, travel al­ of the last, dealing with the provision other purposes, submit the following state­ lowance; $3,000 for Railway Mail Service, relating to Messrs Watson, Dodd, and ment in explanation of the effect of the ac­ traveling expenses: $192,541 for the fiscal Lovett, reported by the Kerr commit­ tion agreed upon and recommended in the year 1941, and $327,891 for the fiscal year accompanying conference report as to each 1942, for domestrc air-mail service; and tee-and will require little, if any, of such amendmen~s. namely: $110,000, fiscal year 1942, and $660,000, fiscal debate. Nos. 1, 2, and 3, relating to the Senate: year 1943, for indemnities, domestic mail; Mr. TA::J3ER. Mr. Spea:ker, will the Provides $15,456 for payment of pages for the all as proposed by. the Senate. gentleman yield? Senate Chamber and $13,592 for the Senate Nos. 52 <.nd 56: Transfers the appropria­ Mr. CANNON of Missouri. I yield to restaurants, an·as proposed by the Senate. tion of $44,800 out of the Soldiers' Home the gentleman from New York. No. 4: Appropriates $10,600 for Capitol trust fund for payment of overtime com­ Buildings under the Architect of the Capitol, pensation from the applicability of the Mr. TABER. The conference report is as proposed by the Senat~. Overtime War Compensation Act, 1943, and unanimous on the part of the conferees? Nos. 6 and 7, relating to the War Produc­ makes payment subject to the regulation of Mr. CANNON of Missouri. The con­ tion Board: Appropriates $4,497,000, instead the board of commissioners of the National ference report has the unanimous ap­ of $4,597,000 as proposed by the Senate and Soldiers' Home. proval of all House conferees on both $4,363,000 as proposzd by the House and In so Nos. 53, 54, 55, 57, and 58, relating to war sides of the aisle. doing eliminates $100,000 proposed by the overtime pay and other compensation in­ Mr. Speaker, I move the previous ques- Senate for work during part of the month of creases: Appropriates $28,700, as proposed June to increase lumber production and fixes by the Senate, instead of $22,700, as pro­ tion on the conference report. the limitation for printing and binding at posed by the House, for Freedmen's Hospital; The previous question was o~dered. $834,000 as proposed by the Senate instead of appropriates $10,000 for foreign quarantine The conference report was agreed to. $700,000 as proposed by the House. service, Public Health !Service, as proposed by The SPEAKER. The Clerk will report No. 9: Appropriates $16,000 as proposed by the Senate, and corrects applicable totals. the first amendment in disagreement. the Senate for the Office of B~tuminous Coal No. 59: Restores the language of the H9use Consumers' Counsel, which office was extend­ bill, stricken out by the Senate, providing The Clerk read as follows: ed until August 24, 1943, by the act of May that for the purposes of the general citizen­ Amendment No. 5: Page 3, line 16, strike 24, 1943, and eliminates the proviso attached ship requirements of section 302 an affidavit out "Provided, That no part of the funds con­ to the appropriation making availability of signed by any concerned person shall be con­ ·tinued available by this paragraph shall be the amount contingent upon the enactment sidered prima facie evidence that the re­ ·allotted to or expended for the National Re­ of the new law. quirements of the section with respect to the sources Planning Board or the Farm Security Nos. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, status of such person have been complied Administration or. for any of the functions of 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and wlth. either said Board or said Administration", and 1943 CONGRESSIONAL ltECORD-HOUSE ,5507:_. Insert "PrOVided, That no part of the funds ment of State or the Office of Strategic Serv­ of the members in charge of the bill­ continued available by this paragraph shall ices." an amendment' was ofiered to limit the be allotted to or expended for any of the Mr. TABER. On that motion I move President's control of the fund. functions of any agency of Government for the previous question, Mr. Speaker. The amendment was adroitly worded. Which appropriations have been duly made The previous qU,_estion was ordered. by the Congress, or for the functions of any It named two purposes of expenditure agency for which estimates have been sub­ The SPEAKER. Does the gentleman against which there was great prejudice Jnitted by the Budget and for which the Con­ desire 20 minutes of debate on each side and for which appropriations had been gress has failed to make appropriations: now? previously denied. It denied the Presi­ · Provided further, That this limitation shall Mr. CANNON of Missouri. Mr. Speak­ dent the right to expend any of this not apply to allottments· or allocations made er, I demand a second. fund for the National Planning Board, to the War Department or the Navy De­ The SPEAKER. The gentleman from partment." or for Farm Szcurity, although there Missouri is recognized for 20 minutes. was no thought of using it for either Mr. CANNON of Missouri. Mr. Mr. CANNON of Missouri. Mr. Speak­ purpose and, now, no possibility under Speaker, I offer a motion. er, the man who left his impress on hu­ the law of expending, any of it for either The Clerk read as follows: man institutions more indelibly than any purpose. Mr. CANNON of Missouri m6ves that the other man who ever lived, expressed his Now let it be said again, as it was House recede fro;n its.. disagreement to life policy in a single sentence, "This one said before, that the issue before us, Senate amendment No. 5 and agree to the thing I do." neither at the time nor now, is the Na­ same with an amendment as follows: Omit · Likewise the American people have to­ tional Planning Board or Farm Security. all of the matter stricken out and all of the day one dominant purpose-to win the matter inserted by such amendment. I approve of appropriations for both war; to win it as quickly and win it as purposes, as I stated at that time and as Mr. TABER. Mr. Speaker, a preferen­ cheaply as it can be won-but to win the I state· now. But regardless of how ar­ tial motion. I move that the House re­ war. Anything that interferes with that dently I or anybody else may desire it, cede and concur in the Senate amend­ purpose, and anything that does not not a dollar can be taken from the Presi­ ment. contribute to that purpose, has no place dent-Is fund for either purpose for the Mr. CANNON of Missouri. Mr. today in the national progr.ap:J. or in this simple reason that in other legislation, Speaker, I ask for a division of that mo­ legislation. diversions from the President's emer­ tion. Judged by that standard, the proposal gency fund for the Planning Board and The SPEAKER. The question is, Will presented by the substitute amendment Farm Security have been expressly pro­ the House recede from its disagreement of the gentleman from New York is not hibited. The House denied funds for to Senate amendment No.5? in harmony with the war program. It the National Resources Planning Board The question was taken; and on a will contribute nothing to the winning of in the independent offices appropriation division (demanded by Mr. TABER) there the war. On the contrary, it will seri­ bill and the Senate restored them and were-ayes 128, noes 0. ously interfere with the prompt and suc­ denied supplementary funds from any So the motion to recede was agreed to. cessful prosecution of the war. other source, which, of course, included Mr. CANNON of Missouri. Mr. Let us examine the amendment and its the President's emergency fund. The Speaker, I -move to concur in the Senate effect if agreed to. . What does the House denied funds for farm security in amendment with an amendment. amendment involve? When this bill first the agricultural appropriation bill and The Clerk read as follows: came to the floor it carried an appro­ the Senate restored them and denied Mr. CANNON of Missouri moves to concur priatioh for the President's emergency supplementary funds from any other 1n the Senate amendment with an amend­ fund. The President's emergency fund source, which, of course, included the ment as follows: Omit all of the matter is a vital part oi the war program. Such President's emergency fund. So an stricken out and all of the matter inserted funds have been provided in every war amendment to this bill denying funds by such amendment. fought by the United States. Always in for either the Planning Board or Farm Mr. TABER. Mr. Speaker, I demand time of war we have made provision for Security from the President's emergency a second on that motion. an emergency fund to be handled se­ fund is futile and superfluous on the face Mr. CANNON of Missouri. Mr. cretly at the discretion of the Com­ of it. Speaker, I move the previous question on mander in Chief. Obviously we cannot Nor is there occasion for anxiety about my motion. · notify Berlin and Tokyo as to our plans, any of the other prohibitions set out in Mr. TABER. I demand a second on what expenditures we are making, or the pending substitute amendment. that, Mr. Speaker. what we are buying with the money. It They are offered in the same spirit which The SPEAKER. On what does the is, therefore, indispensable that a secret prompted the amendment against the gentleman demand a second? fund be available under the control of Planning Board and Farm Security. Mr. TABER. On the motion for the the President which he can use at any That is not the issue raised by this previous question. · time in any emergency and without re­ amendment. That is not the purport of Mr. CANNON of Missouri. Mr. strictions. Such a fund was made avail­ this amendment. The purport of this Speaker, we have 20 minutes on ·a side. I able to President McKinley in the Span­ amendment i5 to register lack of confi­ have moved the previous question. ish-American War. Such a fund was dence in the Commander in Chief of the Therefore, when the gentleman demands provided for President Wilson in the Army and Navy who has control of this a second, we have 20 minutes on a side. World War. And on each occasion it was secret fund. The purpose is to suggest The SPEAKER. The previous ques­ appropriated by Congress without any that he cannot be trusted to spend it for tion must be ordered before any time at limitation whatever. patriotic purposes; that he will divert all is fixed. In keeping with that precedent, and money from.this fund to purposes not in The question is on the motion for the in conformity with the needs of modern· keeping with the war program. previous question. warfare, the committee in originally re­ Now, I ask you if such an amendment,­ The question was taken; and on a porting this bill to the House, and in an amendment casting aspersions on the , . division (demanded by Mr. TABER) there response to a recommendation by the Commander in Chief and notifying the . were-ayes 43, noes 111. Bureau of the Budget, included an Nation at home, and our allies and So the motion for the previous ques­ amount for the President's emergency enemies abroad, that the Congress has tion was rejected. fund. It was precisely the same appro­ lost confidence in the integrity and Mr. TABER. Mr. Speaker, I offer a priation-although in smaller amount-­ patriotism of the President in his prose­ substitute for the motion offered by the which had been made for McKinley and cution of the war-! ask you if such an . gentleman from Missouri. Wilson. amen<4nent will contribute iD: this The Clerk read as follows: But when the bill came to the floor­ national crisis to the winning of the war? Mr. TABER moves to substitute for the Can­ contrary to the recommendation of the Will we be nearer to success in. the war if non amendment an amendment as follows: Committee ·on Appropriations; contrary this doubting-Thomas amendment is . Add to the language of the Senate amend­ to the recommendation of its subcom­ agreed to than if it is disagreed to? That ment No. 6 the following: "or the Depart- mittee; contrary to the recommendation is the issue on which you are voting in LXXXIX--347 5508 CONGRESSIONAL RECORD-HOUSE JUNE 8 disposing of this amendment. There can two categories. The only way in which this their nature cannot be• divulged but be no other issue. allocation can be spent is to create a new which are very important toward win­ agency or to make an allocation to the Army I have no objection to criticism of the or Navy. Since the Chief of Staff now has ning victory for us and our allies. President. That is a God-given right a discretionary fund at his disposal which To say that President Roosevelt shall guaranteed by the Constitution of the is both larger and les(;>.- restricted than the be denied in the grea'test of all wars the United States. That is a right for which authority granted to the President, it hardly use of an emergency fund which other we are fighting in this war. But this seems likely that future allocations of any war Presidents have had and which they amendment expressing lack of confidence importance will be made to the War Depart­ have found very useful, ts to my mind in the President is more than criticism. ment. unthinkable. In the Spanish-American It charges design to divert vital war You may recall our correspondence in War Congress gave President McKinley connection with the Mexican railroad project funds from the prosecution of the war. in the Office of Coordinator of Inter-American an emergency fund of $50,000,000 and It charges maladministration which Affairs in which you and the committee provided that this grant was to be <.!.for would be ground for impeachment. Will agreed that the project should continue to national security and defense and for an amendment implying such charges . be financed by allocation from the Presiden-t's each and every purpose connected there­ help win the war-will such an amend­ emergency fund up to the total amount of with, to be expended in tne discretion of ment help America in this hour of need? $7,500,000. It is my understanding that the the President." But this amendment is more than an amendment would prohibit the obligation When the World War broke out Con­ expression of lack of confidence. It or expenditure of any part of this allocation gress gave President Wilson an emer­ after the date of enactment of the bill be­ amounts to a prohibition of the use of the cause this· is a function of the Office of the gency fund of $100,000,000 to be ex­ emergency fund. And I quote the high­ Coordinator, an "agency of Government for pended by him with the same plenary au­ est authority to that effect, a letter just which appropriations have been duly m ade thority that was conveyed in the forh1er received from the Director of the Bureau by Congress." Similar situations would arise statute granting an emergency fund to of the Budget. with most of the allocations now in force President McKinley. Later in World The letter which is dir~cted at the becabse following the language of the ap­ War No. 1'President Wilson's emergency Senate amendment, but which applies propriation, the funds have been allocated fund was increased by $50,000,000. The for expenditure "through appropriate agen­ even more forcibly to the pending sub­ cies of Government." wars in which Presidents McKinley and stitute amendment, is as follows: As was stated in the hear!J:_gs before your Wilson led us were pigmies compared MAY 31, 1943. committee, about $12,500,000 were allocated with the titanic struggle in which we are Hon. CLARENCE CANNON, in the first 4 months of this fiscal year, $10,- now involved. · With free institutions House of Representatives, 500,000 of which were to the State Dapart­ tumbling to destruction all around the Washington, D. C. ment for confidential purposes, and the re­ world and with the flower of our young MY DEAR MR. CANNON: I WiSh to call your mainder for purposes and reasons which were manhood engulfed in the bloodiest war attention to the action of the Senate in set forth in a supplementary memorandum of all times, are we going to reverse these amending the provision in the urgent defi­ to your committee. This does not seem to ciency bill relating to the President's fund.• me to constitute any abuse of the authority historic precedents · and deny to Presi­ This amendment reads: lodged in the President, nor indicate any dent Roosevelt the use of an emergency "Provided, That no part of the funds con­ necessity for the .restrictions on the use of fund which other Presidents have em­ tinued available by this p11.ragraph shall be the fund involved in the Senate amendment. ployed to advantage in the most crucial allotted to or expended for any of the func­ I strongly urge that in the conference with periods of our'Nation's history? tions of any agency of Government for the Senate you insist upon the elimination Under the language of the Senate which appropriations have been duly made of this item since the restriction is unnec­ amendment the President's emergency by the Congress, or for the functions of any essary and destroys the effectiveness of the fund would be nullified as far as useful agency for which estimates have been sub­ fund. mitted by the· Bureau of the Budget and Very truly yours, activities connected with winning the for which the Congress has failed to make WAYNE COY, war are concerned but it could be used e.ppropriatioros: Provided further, That this Acting Director. for other purposes for which Congress limitation shall not apply to allotments or · has not given its approval. For instance, allocations made to the War Department or Mr. Speaker, Pizarro with his sword as a possible case, if Congress should de­ the Navy Department." drew a .line in the sand and invited all cide against appropriating any money to The effect of this amendment is to so ham­ those .who would go forward to step evacuate American nationals from Tur­ per and restrict the President in his use of across the line. And those who stepped key, on the ground that they w~re in no these funds that they would be of very little forward won a new world. We draw a danger, and then Turkey should be value to him and would not at all serve the line on this amendment and invite all sucked into the war, the President could purpose for which Congress established the who are solely interested in winning the funds. not use any part of his emergency fund This amendment would forbid the allot­ war to cast a forward looking vote-a to evacuate our nationals even though ment or expenditure of funds for any agency vote that will defend and preserve the by the new and unexpected turn of af­ of the Government for which Congress has New World. fairs they might be brought into the made appropriations, excepting the War and The SPEAKER. The gentleman from gravest danger. Navy Departments. It would prevent the Missouri has consumed 20 minutes. On the other hand, under the language allocation of funds for any agency for which Mr. LUDLOW. Mr. Speaker, I hope of the Senate amendment, the President estimates had been submitted by the Bu­ the House will not vote for the subStitute reau of the Budget and for which Congress could use his emergency fund to build had failed to make appropriations. This without a full understanding of its the Florida ship canal because the Flor­ would seem to contradict the language of meaning and implications. ida ship canal .has been authorized but the appropriations for the President's fund I hope the House in this time -of war, not appropriated for, and no Budget es­ which provides: when the very life of our Nation is at timate has been submitted to Congress "To enable the President, through appro­ stake, will not vote to put the Command­ for it. priate agencies of the Government, to pro­ er in Chief of the Army and Navy in a The Senate amendment, while putting vide for emergencies affecting the national strait jacket, as far as the use of emer­ hobbles and handicaps on the President, security and defense and for each and every gency funds is concerned. I believe it is purpose connected therew ~ th, and to make concludes wit~ an anomalous _grant of all necessary expenditures incident thereto true that Congress has given the Presi­ authority which enables him to make al- , for any purpose for which the Congress has dent entirely too many blank checks in locations from the fund to the War De­ previously made appropriation or authoriza­ years past. I am against every form of partment. The irony of this lies in the tion" (Public, No. 678, 77th Cong.) . blank-check appropriation that is not fact that the Chief of Staff already has It is not quite clear tp me for just what related to the war and I hope Congress . an emergency fund to be spent in his dis­ functions or purposes this appropriation will not give any more blank checks. The would be available in 1944. Certainly no cretion amounting to $125,000,000 while agency that has an appropriation or for only kind of blank check for which there the balance in the President's emer­ which an estimate has been submitted and is any justification, in my opinion, is the gency fund amounts to only $89,000,0u0. Congress has failed to make an appropriation President's emergency fund. It ought to be obvious that there is no would be eligible for an allocation of funds. Most of this fund is used through the need of a transfer of money from the There are, or will be by 1944, practically no State Department to finance highly con­ President's emergency fund to the emer­ agen cies of Government not covered by these fidential and secret activities which by gency fund of the Chief of Staff.

... / 1943 CONGRESSIONAL RECORD-HOUSE 5509 In former wars there was no report of my understanding, unanimously, and by Mr. TABER. The gentleman is cor­ emergency fund expenditures until after the Senate without a dissenting voice, so rect. The money for the Maritime Com­ the war was over. A.fter World War No. that restrictions might be placed on that mission has been appropriated and it 1 a Republican Congress·made an issue of fund, so that it could only be used for has on hand upward of $4,000,000,000 the delay in reporting and it was long effective war purposes. You and I, all of available funds. Every other agency after the war when President Wilson of us, want to see this war carried on that is really working effectively for the submitted a report. President Roosevelt in the very best possible way and in the war effort has been given liberal appro­ is taking Congress into his confidence most effective way, and we do not want priations, and there is no agency where with as complete contemporaneous re­ to have a lot of money wasted or spent any emergency funds might be required portS'as can be made and these are being or allotted for things that the Congress or might be necessary beyond the rang3 printed and made public in our commit- did not appropriate for. of these four that I have named, and tee hearings. · Mr. KEEFE. Mr. Speaker, will the where I can conceive that such agencies If the language of the Senate amend­ gentleman yield? should not come to the Congress of the ment is adopted we might just as well Mr. TABER. I yield to the gentleman United States and ask for the appropria­ repeal the President's emergency fund. from Wisconsin. tion of funds. All of the activities for which it was cre­ Mr. KEEFE. Is it not a fact that Con­ If we do not maintain a decent respect ated will be strangled by that amend­ gress refused to appropriate money to for the proper appropriation of funds, ment. build this Office of Information building if we do not do the things which prohibit Mr. TABER. Mr. Speaker, I yield my­ for which $625,000 was requested, and is abuse of Executive authority, if we do self 10 minutes. it not also true it was built and paid for not stop turning over to the Executive Mr. ANDREWS. Mr. Speaker, will the in defiance of the express will of the the appropriating powers of the Con­ gentleman yield for a brief question? Congress out of the President's emer­ gress, we are going to contribute to los­ Mr. TABER. I yield. gency fund? ing the war, and I do not believe that Mr. ANDREWS. Would the gentle­ Mr. TABER. The gentleman is cor­ any man of this House or any woman of man be good enough to explain ,the im­ rect, with the exception that he calls it a this House wants to be in that position. port of his inclusion of strategic services building. It is a monstrosity. I hope that my substitute will be aqopted. In this amendment? It is about time that that sort of The SPEAKER. The question is on Mr. TABER. It is an independent monstrosity was stopped, and it is about agreeing to the substitute amendment agency set up by an Executive order and time that we spoke out and that we helped offered by the gentleman from New York is not directly a ·part of either the War the President to go along with the war [Mr. TABER]. Department or the Navy Department. It effort by giving him the authority that The question was taken; and on a di­ is one of the things that might perhaps he needs and by giving him no further vision (demanded by Mr. CANNON of require funds of an emergency character authority. Missouri) there were--ayes 145, noes 86. that might possibly be needed for the Mr. CANNON of Missouri. Mr. Speak­ carrying on of our war effort. I offered the amendment in the House er, I demand the yeas and nays. Mr. ANDREWS. Will the gentleman which prevented an allotment to the Na­ The yeas and nays were ordered. · yield further? · tional Resources Planning Board or to The question was taken; and there Mr. TABER. I yield. the Farm Security Administration, be­ were-yeas 205, nays 139, not voting 87, Mr. ANDREWS. Then the point of cause I felt that those two agencies did not help the war effort and were not as follows: view brought forth by the gentleman [Roll No. 941 from Missouri [Mr. CANNON], in that helpful in the war effort, and with that very thing in mind I go along with the YEA&-205 connection is not . correct, and your Abernethy Ellsworth Johhson, amendment would be helpful to the Of­ Senate to adopt the limitation that they Allen, lll. Elmer Calvin D. fice of Strategic Services? have placed upon this bill. There can Andersen, Elston, Ohio Johnson, Ind. be no possible interference with the war H. Carl Engel Johnson, Mr. TABER. My amendment would effort, no possible failure as a result of Anderson, Calif. Fellows J. Leroy permit the emergency fund of the Presi­ Andresen, Fenton Johnson, Ward dent, which presently consists of about the adoption of my substitute for the August H. Flsh Jones amendment offered by the gentleman Andrews Gale Jonkman $90,000,000, to be allotted either to the from Missouri [Mr. CANNON]. He would Angell Gallagher Judd War Department, the Navy Department, Arends Gamble Kean the State Department-which has very wipe out the restrictions the House placed Arnold Gathings Kearney in the bill, and he would give to the Presi­ Auchincloss Gavin Keefe many unusual functions in these days-­ dent the appropriating power and the au­ Baldwin, Md. Gearhart Kilburn or to the Office of Strategic Services. The Baldwin, N.Y. Gerlach Kilday Senate amendment would not permit of thorization instead of reserving it to the Barrett Gifford Kinzer any allotment to any set-up, as I under­ Congress, as it should be reserved. Bates, Mass. Gilchrist Kleberg I am asking the Congress to do every­ Beall Gillette Knutson stand it, outside of the War and Navy Bender Gillte Kunkel Departments. The Senate approved that thing it can do for the war effort, and at Bennett, Mich. Goodwin LaFollette amendment unanimously. the same time to reserve to itself th~ Bennett, Mo. Graham Lambertson appropriating power. I want to see the Bishop Grant, Ind. Landis The reason why these restrictions have Blackney Griffiths Lanham come up 'from time to time is this: The war effort carried on effectively and effi­ Bolton Gwynne Lea President has on occasions allocated ciently; we all do. But everytime a Brown, Ohio Hale Lemke move is made where funds of the United Buffett Hall, Lewis, Ohio large sums of money for things that Busbey Edwin Arthur Luce were not necessary, that did not con­ States are wasted on something else, or Butler Hall, McCowen - tribute to the war effort, like the St. something that does not contribute to Canfield Leonard w. McGregor the war effort, we are interfering with Carlson, Kans. Halleck McKenzie Lawrence waterway proposition, which Carson, Ohio Hancock McLean manifestly was not something that was a and blocking the war effort. Carter Harness, Ind. McW1ll1ams Mr. O'NEAL. Mr. Speaker, will the Case Harris, Va. Maas part of the war effort. Chapman Hart Mansfield, Tex. The previous amendments that the gentleman yield? Chiperfleld Hartley Martin, Iowa House has placed upon the language of Mr. TABER. I yield to the gentleman Church Hebert Martin, Mass. from Kentucky. Clason Heidinger • Mason the President's fund resulted in this: Clevenger Herter May That allotments might be made for any Mr. O'NEAL. The amendment offered Cole, Mo. Hess Michener purpose for which the Congress h~d pi:e­ by the gentleman from New York would Compton Hill Miller, conn. limit the use of this money to four Cunningham Hinsttaw Miller, Mo. viously made appropriations or granted Curtis Hoeven M1ller, Nebr. authorizations. Under that no allot­ agencies alone, and, of course, we know Day Hoffman Miller, Pa. Jllents can be made for anything unless there are many more agencies. If the Dewey Holmes, Wash. Morrison, La. amendment prevails there still remains Disney Horan Matt previous appropriations or authoriza­ Ditter Howell Mruk tions had been made by the Congress of the Maritime Commission, the War Pro­ Dondero Hull Murray, Wis. the United States. duction Board, the Bureau of Ships, the Durham Jeffrey Norman This amendment of the Senate goes F. B. I., the Selective Service, and the Dworshak Jenkins O'Hara Ell1ott Jennings O'Kom:ki further, and it was adopted by the Senate other agencies that would not fall under Ell1s Jonnson, Phillips Appropriations Committee, according to the amendment. Ellison, Md. Anton J. Pittenger . 5510 CONGRESSIONAL RECORD-HOUSE JUNE 8

Ploeser Schwabe Talle The Clerk announced the following "GEOLOGICAL SURVEY Plumley Scott Tlbbott "To enable the Geological Survey to meet Poage Shafer Towe pairs: Poulson Short Troutman On this vote: obligations incurred by it arising from co­ Powers Simpson, Ill. Vorys, Ohio Mr. Dirksen for, with Mr. Vinson of Georgia operative work pending reimbursement from Simpson, Pa. Vursell cooperating agencies in accordance with the Ramey against. Reece, Tenn. Smith, Maine Wadsworth provisions of the act of February 27, 1925 · Mr. Eaton for, with Mr. Capozzoli against. Reed, Dl. Smith, Ohio Walter (43 U.S. C. 3.9, 40); May 10, 1926, as amended Reed,N. Y. Smith, Va. Welch Mr. Thomas of New Jersey for, with Mr. Robertson Smith, Wis. West King against. (43 U.S. C. 48); June 17, 1935 (43 U.S. C. 49); Robsion, Ky. Springer Wheat Mr. O'Brien of New York for, with Mr. March 4, 1915, as amended (31 U.S. C. 686); Rockwell Starnes, Ala. Wigglesworth Cochran against. and July 2, 1943 (56 Stat. 537-539), fiscal Rodgers, Pa. Stearns, N. H. W11ley year 1943, $400,000, · which amount shall be Rogers, Mass. Stefan Wilson Mr. Cole of New York for, with Mr. Robin- son of Utah against. placed to the credit of the 1943 appr9priation Rohrbough Stevenson Winter account of the Geological Survey: Provided, Rolph Stockman Wolcott Mr. LeFevre for, with Mr. Pfeifer against. Rowe Sumner. Ill. Wolfenden, Pp.. That there shall be returned to the Treasury Satterfield Sumners, Tex. Wolverton, N.J. General pairs: not later than 6 months after the close of Sauthoff Sundstrom Woodruff, Mich. Mr. Steagall with Mr. Treadway. the fiscal year ·1943 out of reimbursements Schiffler Taber Mr. Barry with Mr. Jensen. received from cooperating ageneies an NAY8-139 Mr. McGehee with Mr. Culkin. amount equal to the sum herein appropri­ ated." Allen, La. Gregory O'Connor Mr. Heffernan with LeCompte. Anderson, Hagen O'Neal Mr. Coimer with Mr. Welchel of Ohio. Mr. CANNON of Missouri. ·Mr. N.Mex. Hare Outland Mr. Buckley with Mr. Hartley. Bates, Ky. Harless, Ariz. Pace Mr. Holifield with Mr. Douglas. Speaker, I move that the House recede Beckworth Harris, Ark. Patman Mr. Eberharter with Mr. Mundt. from its disagreement to the amend­ Bland Hays Patton ment of the Senate numbered 37 and Bloom , Hobbs Peterson, Fla. Mr. O'l'oole with Mr. Monkiewicz. Bonner Hoch Peterson, Ga. Mr. Costello with Mr. Pracht. concur in the same. Boren Izac Price Mr. Newsome with Mr. Holmes of Mas~a­ The motion was agreed to. Boy kin Jackson Priest chusetts. The SPEAKER. The Clerk will re­ Brooks Jarman Rabaut Mr. Gavagan with Mr. Stanley. Brown, Ga. - Johnson, Rarnspeck port the next amendment in disagree­ Bryson Luther A. Randolph Mr. Smith of West Virginia with Mr. Rees ment. Burchill, N.Y. Kee Rankin of Kansas. The Clerk read as follows: Burdick Kefauver Richards Mr. Cullen with Mr. Talbot. Burgin Keogh Rowan Mr. Grant of Alabama with Mr. Hope. Amendment No. 41: Page 17, line 18: Byrne Kerr Sadowski Mr. Daughton with Mr. Van Zandt "Defraying deficits in treasuries of munici­ Camp Kirwan Schuetz Mr. Fitzpatrick with Mf. Taylor. pal governments, Virgiil' Islands: For an ad­ cannon, Mo. Klein · Sheppard Celler · Lane Sheridan Mr. Cox with Mr. Chenoweth. ditional amount, fiscal year 1943, for de­ Clark Larcade Sikes Mr. Kennedy with Mr. Bradley of Michigan. fraying the deficit in the treasury of the mu­ conee Lesinski Slaughter Mr.· Bell with Mr. Rizley. '· nicipal government of St. Croix because Cooley Ludlow Snyder Mr. Cravens with Mr. Crawford. of the excess of current expenses over cur­ Cooper Lynch Somers, N. Y, Mr. Drewry with Mr. Brehm. rent revenues for the fiscal year 1943 (56 Courtney McCord Sparkman Mr. Sasscer with Mr. Merrow. Stat. 560), $45,000." Creal McCormack Spence Mr. Hendricks with Mr. Gross. Crosser McMillan Stewart Mr. CANNON of Missouri. Mr. Curley McMurray Sullivan D'Alesandro Madden Tarver Mr. ELLISON of Maryland changed Speaker, I move that the House recede Davis I Magnuson Thomas, Tex. his vote from "nay'~ to "yea." from its disagreement to the amend­ Delaney Mahon Thomason The result of the vote was announcld ment of the Senate numbered 41 and Dickstein Maloney Vincent, Ky. as above recorded. Dllweg Manasco Voorhis, Cali!. concur in the same. Dingell Mansfield, Ward The SPEAKER. The question recurs The motion was agreed to. Fay Mont. Wasielewsk1 on the motion of the gentleman from The SPEAKER. The Clerk will re­ Fernandez Marcan.tonio Weaver Missouri as amended by the substitute. Fisher Merritt Weiss port the next amendment in disagree­ Flannagan Mills Wene The motion was agreed to. ment. Folger Monroney Whitten Mr. LUDLOW. Mr. Speaker, I ask Mr. CANNON of Missouri. Mr. Forand Morrison, N.C. Whittington unanimous consent to extend iny own Ford Murdock Wickersham Speaker, I ask unanimous consent that Fulbright Murphy •Winstead remarks in the RECORD at the conclu­ amendments numbered 60 and 61 be Gordon Murray, Tenn. Woodrum, Va, sion of the speech just made by the gen­ considered simultaneously, as they re­ Gore Myers Worley tleman from Missouri. late to the same matter. Gorski Norrell Wright Gossett Norton Zimmerman The .SPEAKER. Without objection, it The SPEAKER. Is there objection Granger O'Brien, Til. is so ordered. - to the request of the gentleman from Green O'Brien, Mich. There was no objection. Missouri? NOT VOTING-87 The SPEAKER. The Clerk will re­ There was no objection. Barden Feighan O'Brien, N. Y. tJort the next amendment in disagree­ The SPEAKER. The Clerk will re­ Barry Fitzpatrick O'Leary Bell Fogarty O'Toole ment. port Senate amendments numbered 60 Bradley, Mtch. Fulmer Pfeifer The Clerk read as follows: and 61. Bradley, Pa. Furlong Philbin The Clerk read as follows: Brehm Gavagan Pracht Amendment No. 8: Page 5, line 9: Buckley Gibson Rees, Kans. ,"War Shipping Administration: Notwith­ Amendment No. 60: Page 48, line 19, strike Bulwinkle Grant, Ala. Rivers standing the provisions of section 203 of out all of line 19 and the balance of page 48 Burch, Va. Gross Rizley the First Supplemental National Defense Ap­ an ~ strike out lines 1 to 9, inclusive, on Cannon, Fla. Heffernan Robinson, Utah propriation Act, 1943 (Public Law 678), the page 49. · Capozzoli · Hendricks Rogers, Calif. Office for Emergency Management, War Ship­ Amendment No. 61: Page 49, line 10, strike Chenoweth Holifield Russell out "305" and insert "304." Cochran Holmes, Mass. Sa bath ping Administration, may expend during the Cole, N.Y. Hope Sasscer , fiscal year 1943 not to exceed $294,430 for Colmer Jensen Scanlon travel." Mr. CANNON of Missouri. Mr. Speak­ Costello Johnson, Smith, W. Va. er, I move that the House insist on its Cox Lyndon B. Stanley Mr. -CANNON of Missouri. Mr. disagreement to the amendments of the Cravens Johnson, Okla. Steagall Speaker, I move that the House recede Crawford Kelley Talbot Senate numbered 60 and 61. Culkin Kennedy Taylor from its disagreement to the amendment Mr. HOBBS. Mr. Speaker, as a sub­ Cullen King Thomas, N. J, of the Senate numbered 8 and concur in stitute I move that the House recede and Dawson LeCompte Tolan the same. Dies LeFevre Treadway concur in Senate amendment numbered Dirksen McGehel Vanzand~ The motion was agreed to. 60 with an amendment, which I sent to Domengeaux McGranery Vinson, Ga. The SPEAKER. The Clerk will re­ the Cler],{'s desk. Doughton Merrow Weichel, Ohio Douglas Monkiewicz Whelchel, Ga. port the next amendment in disagree­ Mr. TABER. Mr. Speaker, a motion Dr.ewry Mundt White ment. to recede and concur with an amend­ Eaton Newsome The Clerk read as follows: ment is not in order. Eberharter Nichols Amendment No. 37: Page 16, line 16, insert The SPEAKER. Will the gentleman So the substitute was agreed to. as follows: state the reason?· 1943 CONGRESSIONAL RECORD-HOUSE . 5511 Mr. TABER. That has been the rul­ and thereafter no part of the funds appropri­ requires that anyone whom the cap fits ated by any act of Congress shall be used to must wear it. ing right along as I have understood it. pay his salary or other compensation. The SPEAKER. The motion has not "8. That the phrase 'subversive of the Gov­ The modus operandi of the Kerr been reported yet. The Clerk will re­ ernment of the United States' as used in this amendment is more direct than would be port the motion. act shall mean any act or conduct, member­ that under mine. But being direct is not Mr. TABER. I beg pardon. ship, or association, or advocacy of principle a virtue if so we forget our oaths of office The SPEAKER. The Clerk will report or doctrine inimical to the Government of and assault the Constitution. Lynching the motion offered by the gentleman the United States or the tendency or whjch is more direct than the execution of the from Alabama [Mr. HoBBS]. 1s to undermine any of the institutions or death sentence imposed by the court in to distort any of the functions or to impede The Clerk read as follows: any of the projects or to lessen any of the accordance with the verdict of the jury Mr. HoBBS moves that the House recede efforts of the Government of the United after a fair trial in a court of law. But and concur in the Senate amendment No. States; whe~her any such subversive influ­ none of us advocates lynching. 60, with an amendment as follows: Substi­ ence exerted or sought to be exerted be open The SPEAKER. The Chair is ready tute in lieu of the Kerr or committee amend­ or direct or subtle or indirect, whether such to rule. ment stricken by the Senate amendment No. subversive activity may have been by spoken The gentleman from Missouri makes 60, the following: or written words or by acts or conduct, and whether or not such subversive activity pro­ the point of order against the motion of "SECTION 304 the gentleman from Alabama, first. that "1. It shall be unlawful for any person to duced subversive result. be employed in any capacity, in any de­ "9. Any person who violates any of the fore .. it is legislation on an appropriation bill, partment or agency of the Government of going provisions of this act, upon conviction and second, that it is not germane. The the United States created by or by virtue thereof, shall be fined not more than $1,000 Chair in this instance will pass only 2 of an act of Congress, whose compensation is · or be imprisoned for not more than years, on the germaneness of the motion of the or both." paid from funds ~,tuthorized or appropriated gentleman from Alabama, because he by any act of ·Congress, who has engaged in Mr. CANNON of Missouri. Mr. does not deem· it -necessary to pass upon activity subversive of the Government of the Speaker, I make a point of order that the other point. United States. "2. It shall be unlawful for any person to the amendment is not in order; first, be­ Tfie provision of-the Senate amend­ be employed in any capacity, in any depart­ cause it is legislation on an appropriation ment that the gentleman seeks to amend ment or agency of the Government of the bill; and second, because it is not ger­ by his motion very definitely applies to United States created by or by virtue of an mane. three individuals and no more. The mo­ act of Congress, whose compensation is paid Mr. HOBBS. Mr. Speaker, I would tion of the gentleman · from Alabama from funds authorized or appropriated by like to be heard on the point of order. would cover numberless people if num­ any act of Congress who has been a member The SPEAKER. The Chair will hear of or associated with any organization, any berless people came under the provisions part of the aims or purposes of which is or the gentleman on the point of order. of his motion. The language of the bill nas been subversive of the Government of the Mr. HOBBS. Mr. Speaker, this would is specific. The language of the motion United States. take the place of and is offered as a sub­ of the gentleman from Alabama is gen­ "3. It shall be unlawful for any person em­ stitute for the so-called Kerr or commit­ eral. The Chair must, therefore, hold ployed in any capacity, in any department or tee amendment. The Kerr or committee that the motion is not germane, and agency of the Government of the United amendment, or any other legislation of sustain the point of order. States, created by or by virtue of an act of that character, is made in order by the Congress, whose compensation or any part Mr. HOBBS. Mr. Speaker, I ask unan­ thereof is paid from funds authorized or ap­ proviso of House Resolution 105 which ilnous consent to revise and extend my propriated by any act of Congress, to have was duly and legally adopted by this remarks in the Record at this point and membership in or association with any or­ House. Therefore, if the House should include therein quotations from the ganization, any part of the aims or purposes decide to substitute this amendment, Supreme Court of the United States and of which is or has been subversive of the which has just been read, for and in lieu other courts and from the Constitution, Government of the United States. of the Kerr amendment it would be per­ and to make certain citations of "4. Any person who may have been or may fectly in order. authority. be employed In violation of section 1, 2, or is 3 hereof shall be immediately removed from It germane because it deals with the The SPEAKER. Is there objection to • such employment, and thereafter no part of same identical subject matter which is the request of the gentleman from Ala­ the funds appropriated by any act of Con­ covered by the Kerr amendment. The bama? gress shall be used to pay the salary or other Kerr amendment deals, it is true, with There was no objection. compensation of any such person. only three named persons, but this sets "5. Any person who is the head or acting up the same standard, only more rigor­ Mr. HOBBS. Mr. Speaker, every Mem­ head of personnel procurement for any de­ ous, which was sough_t to be set up in the ber of the House agrees 110 percent with partment or agency of the Government of Kerr amendment. It accomplishes the all the tributes that have been paid to the the United States created by or by virtue or Kerr committee. Beginning with the an act of Congress, in which any person may same purpose that the Kerr amendment was tlesigned to cover as to three men, chairman and going through, there is not have been employed in violation of section a single man on that committee who has 1 or 2 hereof, or any other officer responsible for all in the Government employ in de­ for employment of any person in violation or partments or agencies created by or by not the love, respect, and admiration of section 1 or 2 hereof, or any officer who per­ virtue of an act of Congress whose sala­ this House. The same thing goes for the mits any employee to c,ontinue in employ­ ries are paid from funds authorized or gr~t Appropriations Committee, out of ment in violation of section 3 hereof, if he appropriated by Congress. which this subcommittee was created. knew, or by the exercise of reasonable· dili­ No adverse criticism is due the Kerr gence could have known of such violation of Therefore, Mr. Speaker, I maintain section 3 hereof, shall be immediately re­ that on neither the ground of lack of committee, either because of the method moved from the position or office held by him, germaneness, nor on the ground that it employed in the conduct of the hearings and thereafter no part of the funds appro­ is legislation on an appropriation bill, is held or of the conclusions reached in the priated by any act of Congress shall be used the point of order well taken. This sim­ reports they have made. _7'hese reports to pay the salary or other compensation of ply seeks to do in a lawful way, within show judicial poise, fairness, and a sense such officer. the province and power of the Congress, of high responsibility in liandling a deli­ "6. It shall be unlawful for any person to cate problem. The members of the Kerr accept employment in any ca'pacity in any what the Kerr amendment seeks to do department or agency of the Government of in an unconstitutional and illegal way. committee heard the evidence, including the United States created by or by virtue This will really work the will of Congress, the testimony of each man under inves­ of an act of Congress, whose compensation and it includes the same identical subject tigation. They had the opportunity of or any part thereof is paid from funds au­ matter which the Kerr amendment seeks observing the demeanor of each one of thorized or appropriated by any act of Con­ to cover. The Kerr amendment differs the accused. Their report to the House gress, if he be ineligible therefor under sec­ from this substitute, insofar as germane­ that Messrs. Watson, Dodd, and Lovett tions 1 and 2 hereof. are unfit at this time for employment ill "7. Any person who may have been em­ ness is concerned, only in this: It named ployed in violation of sections 1 and 2 hereof three men as the objects of its legislative the Federal Government is entitled to and who shall remain in such employment wrath, whereas my substitute sets up a great weight in any balanced thinking after this act shall have become a law shall standard by which the eligibility of all on the subject. In my judgment the con­ be guilty of a high crime and misdemeanor, in an indicated class must be judged and clusions reached and reported are right. ..

5512 CONGRESSIONAL RECORD-HOUSE 'JUNE 8

THE ISSUE Page 12, line 22, after the word "Treasury", leader, Mr. MARTIN of Massachusetts, strike out the period and insert a colon ,and speaking on the resolution to create the But"Was that the issue presented by the the following: "Provided further, That no amendment offered by the gentl~man part of any appropriation contained in this Kerr committee: from North Carolina, Judge KERR­ act shall be used to pay the compensation of Let us give Pickens his day in co..urt. That with the approval of the full Appropria­ William Pickens, Frederick L. Schuman, does not mean this House is to be shaken tions Committee-to the urgent deficien­ Goodwin B. Watson, William E. Dodd, Jr., from its determination to eliminate from the cies appropriation bill? Paul R. Porter, John Herling, Paul F. Brissen­ Government pay roll all who are joining in den, David J. Saposs, Maurice Parmelee, attacking the American system of govern­ Certainly not. liarold Loeb, Sam Schmerler, Emil Jack Lever, ment. The issue thus presented is whether or David Lasser, Tom Tippett, Henry C. Alsberg, The bureaucrats will never do the job; not the amendment offered to the urgent David Karr, Guiseppi Facci, David Wahl, Hugh they dare not; Congress can and will. But deficiencies appropriation bill should have Miller, Walter Gellhorn, Karl Borders, Jack let us do it in the orderly way, the just, fair been adopted. The amendment reads: Fahy, Nathaniel Weyl, Robert Morss Lovett, way, and the American way. (See page 736 Merle Vincent, Alice Barrows, Arthur F. Gold­ Of the CONGRESSIONAL RECORD Of February 9, No part of any appropriation, allocation, or schmidt, Marcus I. Goldman, Leonard Emil 1943.) fund (1) which is made available under or Mins, Henry T. Hunt, Mary McLeod Bethune, pursuant to this act, or (2) which is now, or Harry C. Lambertson, T. A. Bisson, Katherine On May 18, 1943,· as reported on page which is hereafter made, available under or Kellock, Jay Deiss, Milton V. Freeman, George 4581 Of the CONGRESSIONAL RECORD, the pursuant to any other act, to any department, Slaft', A. C. Shire, and Edward Scheunemann." distinguished gentle)llan from Missouri, agency, or instrumentality of the United States, shall be used to pay any part of the On the same day, after the defe.at of Hon. CLARENCE CANNON, chairman of our salary, or other compensation for the personal the amendment just quoted, the gentle­ great Appropriations Committee, spoke services, of Goodwin B. Watson, William E. man from Florida [Mr. HENDRICKS] of­ thus of the second Hendricks amend­ Dodd, Jr., and Robert Morss Lovett: · Provided, fered another amendment as follows: ment: That thts section shall not operate to deprive On page 12, line 22, after the word "Treas­ Mr. Chairman, the committee will recall any such person of payment for leaves of that in February, during consideration of an absence or salary, or of any refund or re­ ury", strike out the period, insert a colon and the following: "Provided further, That no appropriation bill, a situation arose on the imbursement, which have accrued prior to floor in which the House-almost by concert the date of the enactment of this act. part of any appropriation contained in this act shall be used to pay the compensation of and with practical unanimity-proposed to The sole and single question presented William Pickens." summarily arraign, try, condemn, and exe­ by this amendment was, Is such legisla­ cute, without benefit of clergy or legal proc­ It will be noted that both the Kerr and ess, certain Federal employees charged with tion within the power of Congress? the two Hendricks amendments propose subversive activities. CREATION OF KERR COMMITTEE 'to act in exactly the same way to accom­ Those charged were to be given no oppor­ House Resolution 105, adopted by the plish the removal of those named in them, tunity to be heard. They were to be tried respectively, from the Government serv­ without notice on hearsay and rumorand by House on February 9, 1943, reads as fol­ what practically amounted to mob action. lows: ice. Of course, the Hendricks amend­ In that crisis, by agreement and direction Resolved, That the Committee on Appropri­ ments were applicable only to the money of the leadership on both sides of the aisle ations, act'ing through a special subcommittee appropriated in the Treasury Department and both ranking members of the committee thereof appointed l?Y the chairman of such bill, while the Kerr amendment was ap­ in charge of the bill, I submitted to the House committee for the purposes of this resolu­ plicable not only to the then pending bill a resolution providing for the appointment tion, is' authorized and directed to examine but also to any future appropriation bill. of a subcommittee to investigate the charges, into any and all allegations or charges that Then, too, there is a proviso in the Kerr hear testimony, give accused opportunity to certain persons in the employ of the several amendment which is not in the Hendricks be heard, and th&reupon, in due time, to bring executive departments and other executive the result Of its deliberation before the agencies are unfit to continue in such em­ amendments. . But the essential proce­ House. ployment by reason of their present associa­ dure of removal is the same in each­ tion or membership or past association or named officers or employees in the execu­ It was exactly this mode of procedure membership in or with organizations whose tive branch of our Government were to in the Hendricks amendments that aims or purposes are or have been subversive be denied payment of their salaries by caused many of us to vote against them. to the Gover~ment of the United States. the legislative branch of our Govern­ We believed that the creation of the Kerr Such examination shall be pursued with the ment. committee for the full investigation of view ·of obtaining all available evidence bear­ When, on February 5, 1943, we were ing upon each particular case and reporting each case and requiring a report to the to the House the conclusions of the commit­ considering the first Hendricks amend­ House with respect to each such case tee with respect to each such case in the light ment, the distinguished gentleman from might result in the preparation by the of the factual evidence obtained. Any legis­ Georgia, Judge TARVER, called the pro­ committee of legislation within our lation approved by the committee as a result posed procedure "legislative lynching." power and province, which would accom­ of this resolution may be incorporated in any See page 651 of the CONGRESSIONAL REC· plish the result desired by an over­ general or special appropriation measure ORD. emanating from such committee or may be whelming majority of the membership of offered as a committee amendment to any It is true that he predicated hi! char-. the House, to wit, a separation from the such measure notwithstanding the provisions acterization upon the qualification: Government service of those found to be of clause 2 of rule XXI. At the same time I do not want to par­ unfit to continue in such employment by For the purposes of this resolution, •such­ ticipate in any legislative lyncbing of men reason of their presen.t or past associa­ committee or any subcommittee thereof is who have simply been charged with com­ tion with or ~mbership in organiza­ hereby authorized to sit and act during the munistic affiliations without the submission tions whose aims and purposes are or present Congress at such times and places of adequate proC"f to sustain the charges. within the United States, whether the House have been subversive of the Government is in session, has recessed, or has adjourned, to But many o! us thought then, and of the United States. hold such hearings, to require the attendance think now, that his characterization of Many of us hoped that the study of of such wiinesses, and the production of such the modus operandi of the Hendricks this entire problem by the Kerr com­ books or papers or documents or vouchers by amendment was perfectly apt, no mat­ mittee would cause it to sponsor legis­ subpena or otherwise, and to take such tes­ ter how much proof could be made be­ lation within the power of Congress to timony and records as it deems necessary. enact~ which would accofnplish the de­ Subpenas may be issued over the signature of fore a legislat~ve committee when the the chairman of the committee or subcom­ Constitution requires a trial in court be­ sired end with reference to every Gov­ mit ·e, or by any person designated by him,. fore punishment may be inflicted. Many ernment officer or employee guilty of and shall be served by such person or persons of us also were then and now of opjnion subversive activity or affiliation. as the chairman or the committee or subcom­ that such a procedure was an unconsti­ But the legislation proposed by the mittee may designate. The chairman of the tutional intrusion into the exclusive Kerr committee with the approval of committee or subcomittee, or any member province of the executive branch of our the full Appropriations Committee is just thereof, may administer oaths to witnesses. Government, and an attempt to usurp as subject to constitutional objections On February 5, 1943, the gentlem.an its prerogativM of removal of its officers as was the legislation proposed in the from Florida [Mr. HENDRICKS J offered and employees. Hendricks amendments. the following amendment to the Treas­ In somewhat similar vein were the re­ Does the fact that in February the ury Department appropriation bill: marks of the distinguished minority gentleman from Florida [Mr. HENDRICKS:l ., 1 1943 CONGRESSIONAL RECORD-HOUSE 5513 offered the amendments while in May the Congress, whose compensation or any part ties" within the meaning of the consti­ gentleman from North Carolina, Judge thereof is paid from funds authorized or ap­ t or by acts or con­ In the Cummings case the defendant SECTION 304 duct, and whether or not such subversive ac­ was a Roman Catholic priest who was 1. It shall be unlawful for any person to tivity produpe.g subversive result. indicted and convicted of the crime of be employed in any capacity, in any depart­ 9. Any person who violates any of the fore­ ment or agency of the Government of the teaching and preaching as a priest and going p;ovisions of this act, upon convic­ minister of that denomination without United States created by or by virtue of an tion thereof, shall be fined not more than act of Congress, whose compensation is paid t1,000 or be imprisoned for not more than first having taken the oath prescribed from funds authorized or appropriated by 2 years, or both. by the Constitution of the State of Mis­ any act of Congress, who has engaged in souri,..and was sentenced to pay a fine of activity subversive of the Government of the If it be thought that such legislation $500 and to be committed to jail until United States. would not be drastic enough, we could, of said fine and ·costs of suit were paid. 2. It shall be unlawful for any person to course, abolish any department or agency This prosecution was under the constitu­ be employed in any capacity, in any depart­ that we created, and, in reconstituting it, ment or agency of the Government of the tion of Missouri of 1865 which provided - United States created by or by virtue of an we could prescribe the standards for em­ that no person shall be permitted to act of Congress, whose compensation is paid ployment and removal of officers and em­ practice as an attorney or counselor at from funds authorized or appropriated by ployees. law nor be competent as a bishop, priest, an act of Congress, who has been a member A BILL OF ATTAINDER deacon, minister, elder, or other clergy­ of or associated with any organization, any If the Kerr amendment is a bill of mall' of any religious persuasion, sect, part of the aims or purposes of which is or "pains and penalties" within the mean­ has been subversive of the Government of or denomination, to teach, preach, or the United States. ing of the Constitution prohibiting bills solemnize marriages, unless such person 8. It shall be unlawful for any person em­ of attainder, then, under our oaths of of­ shall have first taken, subscribed, and ployed in any capacity, in any department fice binding us to uphold the Constitu­ filed said oath-which oath required a or agency of the Government of the United tion, we must reject it. That the Kerr statement that the affiant had never States, created by or by vh·tue of an act of amendment is a bill of "pains and penal- been in armed hostility to the United 5514 CONGRESSIONAL RECORD-HOUSE JUNE 8 States or been in sympathy with rebellion THE KERR AMENDMENT VIOLATES "SEPARATION exercise of the power of appointment or or, except under overpowering compul­ OF POWERS" PRINCIPLE removal. sion, submitted to the authority or been ;But the pending amendment not only The exclusive right of the Executive to in the service of the so-called Confeder­ violates the constitutional mandate remove officers within the executive ate States of America. , against bills of attainder, but it also branch of the Government was reiter­ The Supreme Court of the United violates the principle-implicit through­ ated in the case of Morgan v. T. V. A. States in its decision in the Cummings out the Constitution-of separation of (115 Fed. (2d) 990, certiorari denied, 61 case said: powers, and the explicit creation of a Sup. Ct. Rep. 806). . The disabilities created by the Constitu­ government composed of three separate The doctrine of separation of powers is tion of Missquri must be regarded as penal­ but coordinate branches...:_legislative, ex- reemphasized in the.case of Humphrey's ties-they constitute punishment. We do ecutive, and judicial. · Executor v. United States (295 U.S. 602 ) : • not agree with the counsel of Mif;souri that The doctrine of the "separation of powers" The fundamental necessity qf maintaining "'to punish one is to deprive him of life, of the executive, legislative, and judicial each of the three general departments of liberty, or property, and that to take from branches of the Federal Government is 1 government entirely free from the control him anything less than these is no punish­ fundamental in the American theory of con­ or coercive influence, direct or indirect, of ment at all." The learned counsel doe's not stitutional government. One branch is not either of the others, has often been stressed use these terms-life, liberty, and property­ to encroach upon the other, except insofar and is hardly open to serious question. So as) comprehending every right known to the as authorized by the Constitution. Essen­ much is implied in the very fact of the sepa­ law. He does not include under liberty free­ tial functions of the legislature are not to ration of the powers of these departments by dom from outrage on the feelings as well as be usurped by the executive nor by the ju­ the Constitution; and in the rule which restraints on the person. He does not in­ diciary. Similarly, the legislature is not to recognizes their essential coequality. The clude under property those estates which one interfere with the other coordinate depart­ sound application of a principle that makes may acquire in professions, though they are ments of the (}overnment except where an one master in his own bouse precludes him often the source of the highest emoluments intermingling of spheres of action is author­ from imposing his control in the house of and honors. The dep:tivation of any rights, ized or contemplated by the Constitution it­ another who is master there. James Wilson, civil or politieal, previously enjoyed, may be self. (The Federalist, Nos. 47 to 51.) one of the framers of the Constitution and a ' punishment, the circumstances attending former Justice of this Court, said that the and the causes of the deprivation determin­ The power to "fire" an employee of the independence of each department--required ing this fact. Disqualification from office executive branch of the Government be­ that its proceedings "should be free from the may"be punishment, as in cases of conviction longs to the Executive exclusively. remotest influence, direct or indirect, of upon impeachment. Disqualification from Meyers v. United States (272 U.-S. 52). either of the other powers" (Andrews, the the pursutts of a lawful avocation, or from Works of Jam6.!; Wilson (1896), val. 1, p. 367). positions. of trust, or from the privilege of In the Meyers case the Supreme Coo.rt further' held: And Mr. Justice Story in the first volume appearing in the courts, or acting as an of his work on the Constitution, fourth edi­ executor, administrator, or guardian, may The power to remove inferior executive tion, section 530, citing No. 48 of the Fed­ also, and often has been, imposed as punish­ officers, like that to remove superior execu­ eralist, said that neither of the departments ment (Cummings v. Missouri (71 U. S. (4 tive officers, is' an incident of the power to in reference to each other "ought to possess, Wall.) 2J7, 18 L. ed. 356)). appoint them, anc. is in its nature an execu­ directly or indirectly, an overruling influence tive power. The authority of Congress given In the Garland case the defendant was in the administration-of their respective pow­ by the excepting clause to vest the appoint­ ers" (295 U. S. at pp. 629-630). an attorney and counselor at law and ment of such inferior officers in the beads of was prosecuted under the same section ..- departments carries with it authority inci­ The argument. on the purse strings of the Missouri Constitution of 1865 as dentally to invest the heads of departments premise is blasted by an opinion of was the de{endant Cummings in his case. with ·power to remove. former Attorney General Mitchell, as The Supreme Court of the United The Supreme Court recognized in the case follows: of United States v. Perkins (116 U . S. 483) States in the Garla-nd case said: that Congress, in committing the appoint­ Congress holds the purse strings, and it' And exclusion from any of the professions ment of such inferior officers to the heads of · may grant or withhold appropriations as It or any of the ordinary avocations of life for departments, may _1lrescribe incidental regu­ chooses, and when making an appropriat ion past conduct can be regarded in no other lations controlling and restricting the latter may direct the purposes to which the appro­ light than as punishment for such conduct. in the exercis:.: of the power of removal; but priation shall be devoted and impose condi­ The exaction of the oath is the mode pro­ the Court never has held, nor reasonably tions in respect to its use, provided always vided for ascertaining the parties upon whom could hold, that the excepting clause en­ that the conditions do not require operation the act is intended to operate, and instead of ables Congress to draw to itself, or to either of the Government in a way forbidden by the lessening, increases its objectionable charac­ Constitution. Congress may~ not, by condi­ branch of it, the power to remove or the tions attached to appropriations, provide for ter. All enactments of this kind partake of right to participate in the exercise of that the nature of bills of pains and penalties ' a discharge of the functions of government . power. To do this would be to go beyond in a manner not authorized by the Constitu­ and are subject to the constitutional inhibi­ the words and implications of that clause tion against the passage of bills of attainder, tion. If such a practice were permissible, and to infringe the constitutional principle of Congress could subvert the Constitution. It under which general designation they are the separation of governmental powers. included (Ex parte Garland (71 U.S. (4 Wall.) might make appropriations on condition that 333, 337, 18 L. Ed. 366) ) . _ the executive department abrogate its fUnc­ Further quoting from the decision of tions. It might, for example, appropriate In the Cummings case .the exclusion the Supreme Court in the Meyers case: money for the War Department on condition was from the priesthood. In the Gar­ Assuming then, the power of Congress to that the direction of military operations land case the exclusion was from the regulate removals as incidental to the exer­ should be conducted by some person desig­ cise of its constitutional power to. vest ap­ nated by the Congress, thus requiring the practice of law. · In the cases now pefore President to abdicate his functions as Com­ us the exclusion is .from the Government pointments of inferior, officers in the beads of departments, certainly so long as r :mgress mander in Chief (37 Op. Atty. Gen. 56, 61 service. The decisions from which the (1933)) . . above quotations have been taken are does not exercise that power, the power of directly in point and condemn any such removal must remain where the Constitution Supporters say with twinkling eyes and places it, with the President, as part of the a smile, "Yes, but this is not firing; this enactment as the Kerr amendm~nt as a Executive power. is merely denying the money to pay his bill of pains and penalties subject to the constitutional inhibition against the pas­ When Congress abolished the Radio salary· We do not say he cannot work sage of bills of attainder. Commission and created in its stead the fm: the Government; we simply say no Therefore the Kerr amendment is, Federal Communications Commission-\ Gove:mment money can be used to pay in my judgment, plainly violative of the Uni~ed State~ Code A:~motated, titl.e 47. hi~~:cious. Sophistry, What of the constitutional prohibition "No bill of at­ sectwn 15~lt autho:1zed the President . law we passed that no one can work for tainder "' "' "' shall be passed." If by and w1th the ad~1ce and consent of nothing? this conclusion be sound, and I most re­ th.e ~enate, to appomt the seven ~o~- The more serious-minded supporters spectfully submit and urge that it is, that m1ss1oners and gav_e to the Comm1sswn add: "Seriously, though, Congress has ends discussion-we need go no further; the power to appomt the employees of th€' power to abolish the whole outfit for if any piece of legislation comes within the Commission subordinate to the Com- including Watson, so, if we were to d~ the prohibition of any one part of the nusswners. Congress did not prescribe that, we'd be getting him just the same." Constitution, it is as void as though it incidental regulations controlling and The answer to this is also obvious. offended each and every provision. restricting the Commissioners in the Granting that Congress might abolish 1943 CONGRESSIONAL RECORD-HOUSE 5515 the Federal Communications Commis- · Executive. Congress may remove its own the Constitution in- the Government of the sian, and that if that were done, that but not those of the Executive. United States, or in any department or officer would get Watson, that is not what is What has been said as to Watson and thereof .. And (c) the tenth amendment which de­ being done. Maybe the Federal Com­ Dodd applies for the most part and just clares that- munications Commission should be as cogently to Lovett. The powers not delegated to the United abolished. Congress has the power, un­ The fact that Congress adopted the States by the Constitution,-nor prohibited by doubtedly, to abolish it; why not act method of removal now proposed in the it to the States, are reserved to the States within our power and do so? I challenge case of David Lasser, neither changes respectively, or to the people. (Martin v. any and all of you who think that should the Constitution nor justifies the pro­ Hunter's Lessee, 1 Wheat. 304 (1816); McCul­ be done, because of the employment of cedure. One . wrong never justifies an­ loch v. Maryland, 4 Wheat. 316 (1819); Gib­ Watson and Dodd, or for any other rea­ other. bons v. Ogden, 9 Wheat. 1 (1824); United son, do it. But do not forget your oath The claim has been made that thou­ States v. Harris, 106 U.S. 629, 635 (1883)). In the Constitution are provisions in sep­ of office to uphold the Constitution and sands of Communists were taken off the arate articles for the three great departments trample it under contemptuous feet by Government pay roll when the Federal of Government-legislative, executive, and passing this bill of attainder which in­ Theater Project of the W. P. A. was judicial. But there is a significant differ­ trudes into the inviolable province of abolished. But that was the abolition ence in the grants of powers to those depart­ the Executive. of a project, not the mere removal of ments: The first article, treating of legishi­ Who made it possible to employ Wat­ employees. Congress may abolish any tive powers, does not make a general grant son and Dodd? Congress did. We organization it creates or authorizes, of legislative power to Congress; it vests in Congress all legislative powers herein granted. granted the Commissioners the power to and such abolition kills the jobs of the The second article, on the other hand, vests appoint whomsoever they might please. employees of the agency abolished. the executive power in the President. Simi­ The only restriction we have ever placed But that is in accord with the Consti­ larly, the third article states that the judicial upon this grant of power is the require- tution, not in violation of it. power of the United States shall be vested in -ment that no one who advocates, or who ' Just as fiercely as we resent attempts a Supreme Court and in such inferior courts is a member of an organization that ' to encroach upon our exclusive province, as Congress may establish. From the lan­ advocates, the overthrow of our Govern­ does the executive branch of our Gov­ guage thus used in these three articles, it has ment by force or violence, shall be paid. ernment have the right to resent this become established that the entire executive and judicial power of the Nation are vested We so wrote the Iaw. Under that single encroachment attempted by us. Why in the President and the Federal judiciary, restriction these men were employed. No cannot we of each separate, coordinate while only those legislative powers granted contention has been made that they, or branch of our Government learn and by the Constitution may be exercised by Con­ either of them, come within that con­ practice the truth that the only road to gress. "The proposition that there are legis­ demnation. -After they were employed, the sunlit highlands of happiness and lative powers affecting the Nation as a whole we, very wisely, changed the criterion. success is cooperation? which belong to, although not expressed in the grant of powers, is in direct conflict with The special subcommittee constituted to WHAT POWERS HAS CONGRESS?· investigate and report to the House how the doctrine that this is a Government of All legislative powers herein granted shall enumerated powers." Congress has no in­ Government employees squared with the be vested in a Congress of the United States, herent sovereign powers in the realm of do­ new criterion, has made two reports which shall consist of a Senate and House of mestic legislation (Kansas v. Colorado, 206 which show judicial poise and careful Representatives. u.s. 46, 81 (1907)). - amilysis. The gentlemen who compose ART. I, SEC. 1 The powers -of Congress 1ri respect to in­ this subcommittee are estimable, careful, vestigation and legislation are not absolutely honorable. Their reports are entitled to The provision- identical, but the power of investigation is the full faith and credit their judgment All legislative powers herein granted shall the wider and extends to matters on which and honesty of purpose demand. Those be vested in a Congress- Congress could not constitutionally legislate directly, if they are reasonably calculated to who have the power to hire and fire should means that Congress- afford information useful and material In give the most respectful and serious con­ within the limits of its powers and observing the framing of constitutional legislation. sideration to these and any further re­ the restrictions imposed by the Constitution ports, and only the weightiest evidence may, in its discretion, enact any statute ap­ Interstate Commerce Commission v. contra should cause them to fail to follow propriate to accomplish the objects for which Harriman 057 Fed. 432 (1908)). order the report that they are unfit for the pres­ the -National Government was established modified in Harriman v. Interstate Com­ ent to continue in Government employ, (Burton v. United States, 202 U. S. 344, 367 merce Commission (211 U.S. 407 (1908)); and discharge all that that "cap fits." (1906)). Kilbourn v. Thompson (103 U. S. 168 But ours is not the power to hire or fire, The only legislative powers vested in (1881)). nor have we the right to go out of our Congress are those "herein granted." No power of appointment to office ex­ own house into theirs and rule. Whenever, therefore, a question arises con­ cept within itself is granted Congress by It is true that the resolution creating cerning the constitutionality of a particular the Constitution; nor is there grarited. the Kerr committee provided: - power, the first question is whether the power nor implied, any power of removal from Any legislation approved by the committee be expressed in the Constitution. If it be, office except within the legislative branch as a result of this resolution may be incor­ the question is decided. If it be not ex­ of our Government; plus the power of porated in any general or special appropria­ pre~ed, the next inqUiry must be whethe,r it impeachment. tion measure emanating from such commit­ is properly an incident to an express power In short, the power of Congress may tee or may be offered as a committee amend­ and necessary to its execution. If it be, then it may be exercised by Congress. If not, Con­ be summarized thus: To make the law ment to any such measure notwithstanding under and in accordance with the Con­ the provisions of clause 2 or rule XXI. gress cannot exercise it. , (Justice Story, · Commentaries on the Constitution, sec. 1243, stitution. But, of course, this meant any legisla­ quoted with approval in United States v. WHAT POWERS HAS THE EXECUTIVE? tion within the power of Congress to en­ Harris, 106 U. S. 629, 636 (1883) .) act; that is, not in conflict with the Con­ The Government of the United States is The Executive power shall be vested tn a one of delegated, limited, and enumerated President of the United States of America stitution. (art. II, sec. 1). We can abolish the Federal Communi­ powers. Therefore, every valid act of Con­ gress must find in the Constitution some The Executive power-all of it. Not cations Commission. We can prescribe warrant for its passage. This is apparent by incidental regulations to control or limit reference to certain provisions of the Consti­ merely those granted in the Constitu­ the appointing powers or the powers of tution, for example, (a) article I, section 1, tion, as the Constitution limits the pow­ removal we grant, but we cannot violate that all legislative powers granted by the ers of Congress; but all Executive the Constitution by passing a bill of Constitution shall be vested in the Congress power-the whole of it. attainder, such as the Kerr amend­ of the United States; (b) article I, section 8, But in addition to this all-inclusive which enumerates the powers granted to grant of the whole of Executive power, ment, nor usurp the power of either sep­ Congress, and concludes the enumeration arate and coordinate branch of our Gov­ with a grant of power- the Constitution expressly grants to the ernment. The power of removal of offi­ To make all laws which shall be necessary executive department of our Govern­ cers or of employees in the executive - and proper to carry into execution the fore­ ment the exclusive power of appointment branch of our Government is in the Chief going powers and aJl other powers vested -bY of ;all its officers, superior and_inferior. 5516 CONGRESSIONAL RECORD-HOUSE JUNE 8 And, of course, the power of removal is power of removal of officers appointed by the JUDGE KERR'S AUTHORITIES President with the consent of the Senate, but a:n incident of the power to appoint, In spite of the fact th~t when the Kerr and is a part of it. • page 484. amendment was adopted by the House, In Myers against United States the Court See also Eberlein v. United States (257 the time allowed for debate of that had betore it the question of the Executive u. s. 82 (1921)). issue-2 hours-was under the exclusive power of removal, and since the Constitution In Myers against United States the specific control of proponents, who gave only 10 1s silent on the subject-with the exception question was raised, whether a postmaster of of the 120 minutes to t~ose of the opposi­ of removal upon impeachment-it necessarily the first class, appointed with the consent of tion for actual utterance on tha :floor; had to consider the extent of the Executive the Senate under a statute-19 Statutes 80, and although among the able supportei·s power in general. It was therefore brought section 6-which provided that such post­ to examine clause 1 of section 1 of article II of the amendment were some of the best masters "shall be appointed and may be re .. lawyers in the membership of this body, of the Constitution. The Court stated: moved by the President with the advice and Our conclusion on the merits • • • coflsent of the Senate, and shall hold their there were only four citations of au­ is that article II grants to the President the offices for 4 years unless sooner removed or thority made by the proponents, and not executive power of the Government, i.e., the suspended according to law" could constitu­ one of these four was in point. general administrative control of those ex­ tionally be removed.before the expiration of Hart v. United States (16 Court of ecuting the laws, including the power o· ap­ 4 years by the President alone. And it was Claims Reports 484; 118 U.S. 62). pointment and removal of executive officers­ held that he could, that the restrictions and a conclusion confirmed by his obligation to removals in the act of 1876 were unconstitu­ The first one of these four citations is take care that the laws be faithfully executed tional, and- the Hart case, cited supra. Judge KERR (272 u.s. 52, 163 (1926)). That article II excludes the exercise of leg­ quotes therefrom as follows: He shall have power, by and with the ad­ islative power by Congress to provide for The absolute control of the moneys of the vice and consent of the Senate to make appointments and removals, except only as United States is in Congress and Congress is treaties, provided two-thirds of the Senators granted therein to Congress in the matter responsible for its exercise of this great power present concur; and he shall nominate, and of inferior offices; that Congress is only given to indicate a class of persons who shall not by and with the advice and consent of tpe power to provide for appointments and re­ be paid out of general appropriations, but Senate, shall appoint ambassadors, other movals of inferior officers after it has vested, shall come to Congress for relief. . public ministers and consuls, judges of the and on condition that it does vest, their Supreme Court, and all other officers of the appointment i other authority than the It will be noted at a glance that even United States, whose appointments are not President with the Senate's consent; that if this case were an authority on the herein otherwise provided for, and which the provisions of the second section of ar­ subject here under consideration-the' re­ shaH be established by law: But the Con­ ticle II, which blend action by the legisla­ moval of a Federal employee by denying gress may by law vest the appointment of tive branch, or by part of it, in the work such inferior officers, as they think proper, the use of money carried in an appropria­ of the executive, are limitations to be strictly tion bill for the payment of his salary, in the President alone, in the courts of law, construed and not to be extended by im­ or in the heads of departments (art. II, sec. 2). plication; that the President's power of re­ which it is not, it still does not hold that The word "inferior" is not here used in the moval is further established as an incident named employeeS may be· denied pay­ sense of petty or unimportant, but it means to his specifically enumerated fU:JilCtion of ment of their salaries by legislative man­ subordinate or irlferior to those officers in appointment by and with the advice of the date. Of course, the part that the whom respectively the power of appointment Senate, but that such incident does not by gentleman from North . Carolina, Judge may be vested-the President, the courts of implication extend to removals; the Senate's law, and the heads of departments. KERR, quoted is the most favorable part power of checking appointments; and finally, of this de~ision toward his co1;1tention. Collin's Case (14 Ct. CI. 568 U878)); that to hold otherwise would make it impos­ But even this merely says that the money United States v. Germaine <99 U. S. 508, sible for the President, in case of political or other differences with the Senate or Con­ power of Congress may be used "to in­ 510 (1879)). gress, to take care that the laws be faithfully dicate a class of persons who shall not Further, while the power of appointment executed (272 U.S. 52, 164 (1926)). , be paid out of general appropriations." to office is essentially an Executive function, The authority of Congress to condition the What we are doing here is not indicating Congress has power to prescribe conditions President's power of removal by fixing a def­ a class of persons, but naming individ­ to the complete investiture of an office; and inite term and restricting removal except uals. We have a right to set up a stand.. qualifications for office, provided scope is left for cause depends upon the character of the for the judgment and will of the appointing ard for employees of any agency of gov­ office. Where an office is predominantly ernment we create and to require that authority. And it may control appointments quasi-judicial and quasi-legislative rather through the control of appropriations for than executive, the President has no con­ no employee ineligible under that stand­ salaries. This control may take effect in the stitutional power to remove for reasons other ard may be employed or retained in em­ refusal of appropriations; or it may create a than those specified by law. So held, that ployment; such legislation is entirely liability for services antedating issue of com­ the President had no power to remove with­ proper; it indicates a class of persons who mission, and allow back pay for any cause out cause a Federal Trade Commissioner, are to be ineligible for employment and which Congress shall deem sufficient. when the act establishing the Commission anyone whom that cap fits must wear United States v. LeBaron (19 How. 73, (38 Stat. 717) provides for removals for in­ it. But this leaves the power of removal 78 ( 1856) ) , filing of bond and taking efficiency, neglect of duty, or malfeasance in the executive branch of our Govern­ oaths of office; 13 Opinion Attorney Gen­ only (Humphrey v. United States (295 U. S. ment. It simply requires the Executive eral 516, 524 (1871); In re Miller, 5 602 (1935)). power of removal to be exercised upon Mackey (D. C.) 507 (1887), writ of error Generally the power of the executive any member of the class indicated. It dismissed (140 U.S. 690 (1891)), uphold­ branch is to execute the law. does not substitute action by Congress ing the civil service laws; see Foote v. for action by the Executive authority. United States (23 Ct. Cis. 443 U888) ) . WHAT POWERS HAS THE JUDICIAL? The judicial power of the United States But the Hart case was not an employee 7 Opinion Attorney General 215 (1855); shall be vested in one Supreme Court, and case. It was a suit filed in the Court of Bennett v. United States (19 Ct. Cis. 379 in such inferior courts as the Congress may Claims by one who had sold :flour, corn, (1884)). from time to time ordain and establish­ and forage to the Federal Government When Congress by law vests the appoint­ article III, section 1. for the use of its army during the War ment of inferior officers in the heads of de­ It is the duty of the courts only to judge. between the States. Congress had passed partments, it may limit and restrict the It is, emphatically, the province and duty of a law saying that no one who was a power of removal as it deems best for the the judicial department, to say what the law public interest. The head of a department sympathizer with the Confederacy could is. Those who apply the rule to particular be paid for any property he might have has no constitutional prerogative of ap­ cases must of necessity expound and interpret pointment to offices independently of the that rule. sold to the Federa! Government on credit. legislation of Congress, and by such legisla­ This was the class indicated by Congress, tion he must be governed, not only in making Chisholm v. Georgia, 2 Dall. 419, 433 no member of which should be paid out appointments, but in all that is incident (1793); Marbury v. Madison, 1. Cr. 137, of appropriations made bY Congress. The thereto-United States v. Perkins {116 U. S. 177 (1803); Ex pa1·te McCardle, 7 Wall. 483 (1886)), involving a cadet engineer in Court of Claims held in the Hart case the Navy, appointed under statute by the 506, 514 0869); Cohen· v. Virginia, 6 that the seller w~ a sympathizer with the Secretary of the Navy. The case specifically Wheat. 264, 447 (1821). Confederacy and therefore came within left undecided the question whether or not Generally: To declare the meaning of the indicated class of those who could not Congress could constitutionally restrict the the law. be paid out of Federal appropriations, and - 1943 CONGRESSIONAL RECORD-HOUSE 5517 the Supreme Court of the United States a commission nor to the salary he would to be used Is within the power of Congress affirmed that decision. have received had he been commissioned. to direct, not in his. So the Hart case, far from being an SPEECH OF HON. JOHN RANDOLPH TuCKER CONCLUSION authority in point and in favor of Judge In 1879 in the debate in this House on So it is perfectly apparent that not KERR's position, is really contra. the then pending Army appropriation one of the four authorities cited by sup­ OPINIONS OF THE ATTORNEYS GENERAL, VOLUME bill, Hon. John Randolph Tucker, of Vir­ porters of the Kerr amendment supports 7, PAGE 215 ginia, made an exceedingly able speech their contention. No such language as that quoted by the in which he demonstrated beyond ques­ This leaves the case for the Kerr gentleman from North Carolina, Judge tion that the money power of the House amendment unsupported by any author- KERR, appears on that page in that of Commons in the ·British Parliament . ity whatsoever save the ipse dixit of its volume. It is, of course, to be assumed had been used to curb usurpation and op­ proponents. And this is based, I respect­ that the gentleman from North Carolina, pression by the Crown. No one has ever fully submit, upon a mistaken concep­ Judge KERR, simply made a mistake in questioned this historic fact. tion that the power of the purse is om­ his citation and that he was quoting But what has this to do with the ques­ nipotent and can override the Constitu­ from some other opinion of an attorney tion whether or not Congress has the tion of the United States. general. power to punish Watson, Dodd, and Lov­ For the opposition, however, not only The opinion cited by Judge KERR re­ ett without a court trial and if Congress the Constitution speaks clearly and for­ lates to "ambassadors and othe public has the constitutional right to usurp the cibly, but so also does the Supreme Court ministers of the United States." It has power of removal which our Constitution of the United States. How anyone can nothing to do with inferior officers of the vested as an incident of the express power read the Constitution and the cases of United States, appointed by Department of appointment in the executive branch Cummings v. Missouri (71 U.S. <4 Wall.) heads under specific authority of Con- ­ of our Government? 277), Ex parte Garland (71 U.S. (4 Wall.) gress. This opinion points out that as It must be borne in mind that England 333), Myers v. United States (272 U. S. the office of public minister is in fact a has no constitution except its statutes. 52), United States v. Perkins (116 U. S. constitutional, not a statutory one, the We have a written Constitution which is 483). Humphrey's Executor v. United President might appoint without the act the supreme law of the land, and in and States (295 U. S. 602), and Morgan v. of Congress and in virtue of the by which the powers of Congress are T. V. A. U15 Fed. (2d) 990), in which Constitution. strictly limited. certiorari was denied in 61 Supreme Court Report 806, and still contend that CRENsHAW V. UNITED STATES (134 U. S. 99) The issue in the debate in which the Honorable John Randolph Tucker par­ Congress has the right' to pass the Kerr Crenshaw was appointed to the United ticipated was whether or not, in an ap­ amendment, is beyond my comprehen­ States Naval Academy at Annapolis propriation bill for the maintenance of sion. under and by virtue of an act of Con­ the Army of the United States, Congress Mr. CANNON oi Missouri. Mr. Speak­ gress. Before his graduation, a later had the power to provide that the Army er, this question has been exhaustively - Congress changed the law by repealing should not be used to regulate elections. debated in the House on a number of oc­ that part of the law, under which Cren­ Bear in mind that the Constitution of casions, so thoroughly discussed that shaw was appointed, which provided the United States grants no power to the nothing further -could be added at this that every appointee who graduated President to raise or maintain troops. time. should be cominissioned in the Navy and Congress has power "to raise and sup­ In view of the lateness of the hour, Mr. substituting a provision that only those port armies." The SPEAKER. Under special order I understand that these amendments are heretofore made, the Chair recognizes minor and that they have been agreed to · The SPEAKEB. Is there objection to the request of the gentleman from. In­ the gentleman from Wisconsin [Mr. by the gentleman's committee. SAUTHOFF] for 30 minutes. Mr. MYERS. Unanimously. diana to proceed for 4 minutes? The SPEAKER. Is there objection to There was no objection. THE PLIGHT OF THE CANNERS Mr. HALLECK. Mr. Speaker, the sug­ the request of the gentleman from Penn­ Mr. SAUTHOFF. Mr. Speaker, the sylvania? gestion that middle western gasoline ra­ tioning be placed on a par with Eastern Wisconsin delegation in the House of There was no objection. States rationing should be approached Representatives met with a group of out­ The Senate umendments were con­ with the utmost care. Either a great standing canners from the State of Wis­ curred in. service or a great disservice might be consin in my office Saturday forenoon, A motion to reconsider was laid on the June 5, for the purpose of discussing the table. done by such a step. I think I can speak advisedly on the unfortunate situation in which the can­ EXTENSION OF REMARKS situation because I am familiar with both ners of Wisconsin now find themselves, Mr. RANKIN. Mr. Speaker, on yes­ sides of the picture. As a part-time res­ through no fault of their own. terday I was granted permission to extend ident of the District of Columbia, I know As long ago as October 1942, the Wis­ my own remarks in the RECORD on the the many inconveniences which arise consin canners, through individuals and life of our departed colleague, Mr. Guyer. from being on short gas rations. Again, through their association, have been at­ I ask unanimous consent to insert along as a resident of the State of Indiana, I tempting to reach some sensible adjust­ with those remarks an address delivered am fully aware of the desire of the resi­ ment of their problems with the Office by· Mr. Guyer on the life and character dents of the Middle West to maintain of Price Administration, and in spite of the Honorable Edward C. Little. their present gasoline allowances. They­ of that early start, they find themselves The SPEAKER. Is there objection to accepted rationing in the first place not face to face with the canning season and _the request of the gentleman from Missis­ because of gas shortage but because they utterly unable to ~carry on because of sippi? were told that t"ationing was necessary to lack of labor with which to take care There was no objection. conserve rubber. Clearly they should of the season's pack. Mr. WICKERSHAM. Mr. Speaker, I not be asked to go along with further If these canners had been negligent ask unanimous consent to extend my own curtailment just because misery loves or had attempted through evasive meas­ remarks in the RECORD and include company. ures to avoid cooperating with the Gov­ ·therein a newspaper editorial. The entire crux of the question centers ernment agencies, it would be their own The SPEAKER. Is there objection to on whether further restriction of the use fault, but I can truthfully say tnat the the request of the gentleman from Okla- of gasoline in the Middle West would be record of the Wisconsin canners is out­ homa? " of any material advantage to eastern car standing in that they have faithfully There was no objection. drivers. Would the cutting of the value adhered to the regulations of the various Mr. FORAND. Mr. Speaker, I ask of gas coupons in the Middle West or the departments, no matter how foolish, and ·unanimous consent to extend my own prohibition of all pleasure driying put up t.o the present time not a single one remarks in the RECORD and include any more gas in the tanks of eastern of them has been hailed into court be: therein a brief newspaper article. drivers? Or would such further restric­ cause of any violation of Government The SPEAKER. Is there objection to tion simply mean that the car owners in regulations. This shows that the Wis­ the request of the gentleman from Rhode my part of the country would suffer and consin canners are making a very earn­ Island? the eastern driver would not be benefited est and honest effort to meet the de­ There was no objection. in the slightest? mands of the Government, both in re­ (Mr.· GossETT asked and was given I am frank to say that I think the lat­ spect to price regulations and in respect permission to extend his own remarks in ter is correct. Some say that the pro­ to increased' production of food. the RECORD.) · posed restriction would mean 15,000 In the October meeting these gentle­ more barrels of gas daily to the eastern Mr. D'ALESANDRO. Mr. Speai:cer, I user. Even if this is true, it seems a men were assured of attention to their ask unanimous consent to extend my own relatively small amount to me. I should problems and told that the matter would remarks in the RECORD and include think that any move for more gas should be taken care of in December. In De­ therein a copy of ~ the bill H. R. 1289 and produce a greater new supply than 15,000 cember of 1942, another meeting was correspondence with the Office of the barrels before it would scarcely be worth held, and no decisions were made which Attorney' General and the Commissioner while. In any event, if transportation met the prolal@S of the canners. They of Immigration and Naturalization. · facilities in use in the Midwest are were then advised to meet again in Feb­ The SPEAKER. Is there objection to needed to move gasoline ea~t. let the ruary of 1943, at which time there was the request of the gentleman from 0. D. T. take them. But do not put more further delay and procrastination. On Maryland? ' restrictions on our people unless short­ several occasions I have personally con­ There was no objection. ages in supply indicate the necessity ferred with the various gentlemen in the Mr. SCHWABE. Mr. Speaker, I ask therefor. · agencies, who manifested a sympathetic unanimous consent to extend my own If it is proved absolutely that the pro­ interest but did nothing. These c~nners, remarks in the RECORD and include posed restriction would cure the eastern many of whom are known to me person­ therein a letter from a prominent con­ situation, then a case can be made for it. ally, are capable, energetic, honest, and stituent. But certainly there should be no re­ sincere, striving to take care of their The SPEAKER. Is there objection to strictions imposed on Indiana and other growers, their employees, their custom­ the request of the gentleman from States merely to compel motorists in all ers, and the Government's demand for Missouri? parts of the Nation to suffer alike. I ·increased production, while at the same There was no objection. · do not believe that either my colleagues time they are badly handicapped by 1943 CONGRESSIONAL RECORD-HOUSE 5519 rules and regulations which are more of he is a competent, experienced o:fficial to grading is necessary for price-ceiling en­ a hindrance than a help. deal with the problems of growing and forcement, they will cooperate in making I need not go into the great service processing food. such program as practical and workable rendered by the canning industry to the WISCONSIN'S IMPORTANCE as possible. This recommendation can food problems of the average American The State of Wisconsin is the second only be worked out by a frank, open dis­ home, but I would like to take this occa­ -largest canning State in the Union, being cussion In an informal manner with sion to point out that when the Axis exceeded in its output only by Cali­ those who know what the subject is all forces surrendered at_Tunisia they had fornia. However, if you subtract the about. guns, munitions, equipment, and food, fruits canned in California . from its Third. The canners are ·opposed to but the food was raw, and the drive output, Wisconsin comes first. It is the subsidies in principle but have now made against them had been so pressing that largest vegetable canning State in the firm commitments to growers, at the they had had no time to process that Government's direction, and expect the raw food, with the result, as explained Onion. There are 154 active canneries Government to fulfill its part of the ob­ by many prisoners, both German and in my State, a number of which operate ligation either by increased ceiling prices Italian, that they had not eaten for 2 in my district. Last year, Wisconsin or by subsidies to the canners. days and had to quit because of a lack canners produced 20,000,000 cases of In that connection, I should like to of prepared food. On the other hand, canned vegetables. This is a lot of point out that in 1942 ·there was a 25- our boys, as well as the French soldiers food, and it is badly needed in these try­ percent increase of price over 1941 in and the British soldiers, had canned food ing times. The north African campaign canned goods, but that all this increase which could be prepared very quickly, shows what canned food can do for a in price went to the grower. In 1941 the and in that manner our armed forces · sustained drive in military operations. canner paid the farmer $48 a ton for peas, could be fed and the drive sustained. It and we should take that lesson to heart. in 1942, $64 a ton, and in 1943 he will was canned food that sustained our boys If these men cannot get adequate help, pay the farmer $8i per ton. It is ap­ and the lack of canned food that was then the food will rot on the ground and parent from these {acts. and figures that one of the leading factors in making the never be canned. This would be a sin - the canner does not get the increase in Axis soldiers quit in Tunisia. against our armed forces, to say noth­ price for his product, but that such in­ ing of the starving millions in the un­ crease is passed on to the grower. The If Corporal Hitler had deliberately set happy countries of Europe and Asia. out to sabotage our canned-food pro­ profits last year to the canner were less But, you cannot get help unless you than in 1941, and that in the face of the gram, he could not have done a much pay for . it. Last year, we were able to better job than is now being done by fact that the 1942 pack was the largest get men to work m the plants for 35 and in the history of the State. In 1941, many of the rules and regulations, im­ 40 cents an hour. This year canners will possible of fulfillment, that are laid down 7,500,000 cases of peas were packed in by the O:ffice of Price Administration. oe lucky if they can get them for twice Wisconsin, while in 1942, 13,000,000 cases that much, but the·0. P. A. will not even of peas were packed, but still the canner RECOMMENDATIONS OF CANNERS permit them to pay more than 60 cents made less money. In our conference with the canners and an hour. Fourth. In all cases the experience of their representatives we asked them to Take the case of trucks to move this the industry should be consulted. in ad­ point out specific recommendatiolls, and product. You have to have trucks and vance of promulgation of regulations di­ they were all agreed that the chaotic con­ the trucks have to have drivers. Last rectly affecting the canning industry, as ditions in the food-canning industry, at year you could hire a truck and a driver required by law. Time and again can­ this critical season, demand that control at $1.00 per hour, which was the going ners have been called in to consult with of the food-canning industry, including rate, but this year $1.50 is the going rate, administration officials only to find that wages and prices, be concentrated in a and canners cannot get trucks and the regulations had been already made, single Government agency with full au­ drivers at any price less than that. and that the summoning of canners for thority and responsibility for production SPECIFIC PROBLEMS a conference was merely a meaningless and distribution, and with such State or gesture. regional agencies so that unforeseen As to specific problems, the canners A study of these specific problems sub­ problems could be met as they arose, submit: mitted by the canners would lead any without the long and painfJ,Il and expen­ First. The O:ffice of Economic Stabili­ fair-minded individual to the conclusion sive necessity of spending 4 or 5 days zation must live up to 0. P. A.'s promise that the suggestions herein contained are every month in washington. that wage increases appr~ved by the w_ar fair, just, and equitable and should re­ Many Members of Congress, both in the Labor Board will be reflected in in­ ceive serious and favorable considera­ House and in the Senate, have been urg­ creased ceiling prices. May I point out tion. These canners are in earnest in ing for months that the question of food in this connection that the 10-cent-per­ their desire to produce foo-d, and in order production, through all its various ram­ hour increase recently permitted the to avoid a serious food shortage they will ifications, be centralized in one specific canning industry in no case will bring work night and day to pack every can administrator so that there would not be more than 65 cents an hour. while in of food it is possible to pack. In view a half dozen agencies to which each in­ most cases it will mean a ceiling of 50 of that fact they should not be handi­ dustry would be referred in regard to its and 55 cents an hour for male help in capped and hamstrung by regulations problems. Personally, I would prefer the canneries. It is utterly impossible which continuously interfere with their that such administrator should be Ches­ for canners to secure any male help at production, nor should they be shuttled ter Davis, who understands agriculture these wages. as any male individual less from pillar to post when they come to and knows what is needed to produce than 70 and more than 12, can get better Washington to present their difficulties food. And I want to protest with all the wages in practically any other industry. and seek a sympathetic hearing on their earnestness and vehemence at my com­ To illustrate: A canner at Union Grove, problems .. mand against the practice of putting Wis., is restricted to 60 cents per hour for The canner is a patriotic, loyal citizen · hundreds of half-baked lawyers, who male help, while in the same community, whose sons are in the service and who is never tried a lawsuit, at desks writing which has only about 1,000 inhabitants, anxious to render every 'possible aid to regulations and questionnaires for men a hemp mill is paying twice that much. his country. Let us give him a chance. who were born and raised in their par­ T.here is no chance on earth for the can­ In that connection I just want to point ticular industry and who know more ner to compete successfully in the mar­ out one thing. I know a case that hap­ about it in their sleep than these pencil ket against higher wage prices with the pened back in my district, where a pushers will ever know about it. And I ceiling fixed as at pres~nt. canner canned peas. He got a carload want to add while I am at it that I do Second. The canners believe this is not order for peas, carrots, and beets. He not believe because some fellow learned the time to force Government grades on himself did not produce the carrots and what Karl Marx wrote and received a the industry, but if a single centralized beets, so he bought them· from another master's degree or doctor of philosophy agency in charge of the canning industry canner. He sold those- to his customer. degree by writing a thesis on the cran­ determines, after consultation with the The 0. P. A. regulation had stated that berry and how it cares for its young that industry, that compulsory Government when a canner bought in the market.' 5520 CONGRESSIONAL RECORD-HOUSE JUNE 8 from another canner he could sell at Mr. DILWEG. Mr. Speaker, will the ticularly if they are located in small wholesale prices. That is what this man gentleman yield? towns. One instance, in the little town did. But the 0. P. A. reversed itself a Mr. SAUTHOFF. I yield. of Fremont, Mich., a town which I think short time afterward and said, "No; the Mr. D.ILWEG. In regard to the ques­ has a population of 700, in the canning wholesale prices under such :situation tion propounded by the gentleman from season they employ possibly 600. In / do not prevail." They said he would Minnesota. added to the amendment of­ their canning factory in the last year, have to sell at the processor's price. fered in the Committee on Banking and due to the failure of the 0. P. A. to set This man was hailed into a State court Currency was an amendment offered by ceiling prices, fix a higher wage for them, and the State judge threw the case out. the gentleman from Oklahoma [Mr. they have had more than 1,800 employees He said it was outrageous. He was then MoNRONEY] to the effect that any com­ in that factory as a result of thetr turn­ hailed into Federal court and assessed mitment made by the Commodity Credit over. triple damages. All his troubles and Corporation would not be affected by its I could go on here for quite a while, but the troubles of most of these canners are subsidy amendment until 60 days after I just want to point out one more thing, the result of fantastic regulations that the enactment of the act, in which ~vent that is, the failure of the 0. P. A. to do have been written in many cases by law it would not affect the 1943 crop. this job has caused the Michigan farm­ students, hundreds of them down in the Mr. AUGUST H. ANDRESEN. I read ers to lie back and not produce and the departments who never tried a lawsuit, the amendment carefully, and I have carfners cannot make a contract with who are not familiar with the industry; tried to construe it, but the amendment the farmers. and they placed restrictions and regula­ is not very clear. If there is any question Mr. SAUTHOFF. I thank the gentle­ tions upon these men that they cannot about the paymen~ of these obligations man for his contribution. understand and cannot interpret. I that the Department has already made, Mr. SMITH of Wisconsin. Wili the had a letter only last week from an 1t should be made clear when the amend­ gentleman yield? attorney, an outstanding attorney, who ment comes up for consideration. Mr. S.AUTHOFF. I yield to my col­ has been a circuit judge, who said that Mr. SAUTHOFF. Incidentally, I no­ league from Wisconsin. he was utterly unable to advise his client, tice by the paper that Senator MuRRAY Mr. SMITH of Wisconsin. Is it not a a cannet, in regard to the 0. P. A. regu­ has offered some amendments which I fact that 75 percent of the Wisconsin lation which the canner had brought to thought were excellent amendments. I pack is going for military purposes? him, and said he could not make head should like to see them adopted. I do Mr. SAUTHOFF. That is right. or tail out of it. not want to go into the details of those Mr. SMITH of Wisconsin. Another I want to add in that respect that these amendments here. thing in this matter is the delay which men cannot possibly abide by these regu­ Mr. DILWEG. I would suggest that is occasioned by the 0. P. A. in passing lations that are written by somebody . the gentleman include the amendment on the request the canners have had either, as I say, who is just out of law that was offered by Senator MuRRAY in pending for a month, for some increase school and knows nothing whatever of his remarks. I think the House is enti­ under the wage order that will permit the problems, or else had read a book by tled to look at those amendments as them to pay a fair rate to their help in Karl Marx, or has received a doctor's de­ they review your remarks made here,to­ these packing plants. gree an some thesis that he wrote on the day. Mr. SAUTHOFF. That is correct. cranberry and how it cares for its young. There is another·question I would like Now,4et me add that the gentleman from That is the sort of thing that these men to ask the gentleman, and that is: It Wisconsin [Mr. SMITH] has a canner are up aga-inst. _, appears that the canners are confronted down in his district at Union Grove, a Mr. AUGUST H. ANDRESEN. Will today with two problems. One is the place of about 1,000 inhabitants, where the gentleman yield? question of getting labor and being per­ he is up against this problem. He can Mr. SAUTHOFF. I yield. mitted to pay them a reasonable amount only pay 55 cents, or something like that, Mr. AUGUST H. ANDRESEN. I to induce them to work, and the other is as 'a ceiling when, at the same time, thank the gentleman for his statement. where they stand on the subsidies. Is there is nearby a hemp mill that is being I think our primary objective should be that correct? built where th~y are paying about $1.25 to get food for the American people and Mr. SAUTHOFF. That is right. an hour. for our armed forces, and by assisting the Mr. DILWEG. Can you give us addi­ Mr. SMITH of Wisconsin. One dol­ canners in their difficulties with the tional information covering the approxi­ lar and· ten cents, to be exact. 0. P. A. and other agencies we are assist­ mate cost per can, that is the increased Mr. SAUTHOFF. One dollar and ten ing the American people in getting cost per can, that the reasonable wage cents. That is just double. canned foods. The gentleman has indi­ paid to this labor that is so necessary Mr. SMITH of Wisconsin. That is cor­ ) cated that the canners are paying the would involve? rect. producers higher prices for corn, peas, Mr. SAUTHOFF. About one-fourth Mr. CURTIS. Mr. Speaker, will the and some other vegetables. That is true, of a cent per can. gentleman ,yield? but they are paying the higher price be­ Mr. SHAFER. Mr. Speaker, will the Mr. SAUTHOFF. I yield to the gen­ cause the Department of Agriculture gentleman yield? tleman from Nebraska. ordered them to pay such price, and they Mr. SAUTHOFF. I yield to the gen­ Mr. CURTIS. We are indebted to the were to be reimbursed through the pay­ tleman from Michigan. gentleman, and I appreciate very much ment of a subsidy which they had al­ Mr. SHAFER. I would like to add that his bringing this matter to the attention ready passed on to the producer. another trouble is the failure of the of the House. Mr. SAUTHOFF. That is right. 0. P. A. to set ceiling prices in many in­ I might point out that it has been Mr. AUGUST H. ANDRESEN. The stances_ The Michigan canners were called to my attention that the growers Commudity Credit Corporation claims here Saturday along with the Wisconsin of peas in my State are mowing their it has the authority to pay this sub­ canners, and in one instance where the peas down and are using them for stock sidy. Commitments have been made in 0. P. A. had failed to set ceiling prices feed because they absolutely cannot af­ contracts with the canners which they on food packed in glass bottles, one can­ ford to take the prices the canners can have signed with the producers. The ner had more than 200 cases on the floor pay. In other instances they are going gentleman from Texas [Mr. PATM.m] of his warehouse for more than 8 months. to turn their hogs in on them because offered an amendment in the Committee Certainly there is no excuse for that. they cannot do anything else. on Banking and Currency to the Com­ Mr. SAUTHOFF. That is right. I would like to ask the gentleman this modity Credit Corporation bill which Mr. SHAFER. Another thing I want question: Bo you not think that the would prohibit paying these so-called to bring out here in support of the gen­ agencies that fix the price of wages, as subsidies to the canners for the canners tleman's statement, in which I appre­ well as the price of food, wholesale, re­ to turn over to the producers. I hope ciate very much, his bringing up this tail, and to the processor, should con­ that when the gentleman from Texas fol­ ·subject today, is the fact that the can­ cern themselves with adequate food pro­ lows you he Mil explain how they are ners are unaple to compete with wartime duction; and is that being done? going to take care of the producers of labor in our section, and certainly with Mr. SAUTHOFF. I think they should. these vegetables for canning purposes. most of these canners that is true, par- I think that could have been done if we . I 1943 CONGRESSIONAL RECORD-HOUSE 5521 had had the same system that Great SALEM, OREG ., June 14, 1943. body knows whoever sat in this Congress Britain has, where they centrali~e con­ Hon. HOMER ANGELL, when Mr. Vinson was a Member of this trol in one man. But, by diversification, House of Representatives, Washington, D. G.: House that he is one of the most bdlliant they have had to run around to six or Recent press release by Dr. Noble of Seattle men who ever served here, capable and seven agencies and never can come to War Labor Board, stated that National War brilliant .in every way, and I am sure he an understanding, and it has left these Labor Board had approved his recommenda­ will make a good administrator if they men in such a plight that they want to tion of basic cannery wage scales of 66Yz will let him alone; but these men went get out of the business. cents for women and 80% cents for men in down and talked with Mr. Vinson. He, Mr. . ANGELL. Mr. Speaker, will the metropolitan areas and 3 cents less in outly­ of course, is a new man on the job. He gentleman yield? ing districts. Upon contacting him we find, gave us every assurance that he would first, these wages affect comxron labor scale Mr. SAUTHOFF: I yield to the dis­ only. In other words we cannot raise wages of be glad to do all that he could, but he tinguished gentleman from Oregon. workers now being paid more than base said this, which has developed in so many Mr. ANGELL. I want to commend scale, result of which puts experienced key­ instances: "You have got to bring the the gentleman for his discussion of this men on pay basis less than common labor matter up from below, bring it up from subject, which is vitally important, not which this year is comprised mostly students some other source to me and I will pass only to the districts here in the East and old men. Second, that these wage ad­ on it." and the Middle West, but away out West vances can be made only if no increase in I want to see the time come that a bill in my district, in Oregon. our ceiling p ices is asked for from office of Price Administration. Our annual pay roll is which has been recommended by our I desire to call attention to two prob­ approximately $500,000, an increase which Food Study Committee passes this House lems, one price ceiling and the other we are asked to- assume would total $125,000 establishing all this agricultural activity wages. The growers are just about and to assume this as you can readily realize under one head, and Jet it be Chester now ready to market a large crop of would put us out of business. We have al­ Davis. I think every Republican would berries, strawberries. I receiv€d a tele­ ready lost numerous highly trained men to be satisfied if it were Chester Davis, but gram only today saying that the entire war industries due to their higher wage let us get unison, let us get centralized. crop is going to be destroyed unless they scales and it is imperative !'.ow that we in­ Then we will go somewhere. are permitted by the Government au­ crease wages of balance of our ~lar em­ ployees as well as seasonal employees neces­ Mr. SAUTHOFF. The other day when thorities, those in charge, to pay wages sary to ·process rapidly ripening crops. We there was a discussion here the gentle­ that will compensate the workers on a have about 100 regular employees and we man from Texas [Mr.· PATMAN] said he parity with the wages paid in the dis­ employ 1,600 people durin3 our 'peak period favored Chester Davis, and I think most tricts. of summer. The War Labor Board's job­ of us who knew Mr. Davis and had con­ In that connection, Mr. Speaker, I freezing order instead of being help is detri­ tacts with him have a lot of confidence in ·ask unaflimous consent that I may in­ ment insof?.r as securing necessary help ts him, because he has understood agricul­ clude at this point in the RECORD an item concerne~. We will appreciate any assistance ture and he would know what to do with from the New York Times, and also a you can give us by forcing immediate action by Office of Price Administration in allowing its problems. telegram I received from the Paulus us to include wage adv.ance in our price ceil­ The gentleman spoke of Mr. Vinson's Brothers Packing Co., of Salem, Oreg. ings and also relief from War Labor Board in statement that the matter had to come The SPEAKER pro tempore (Mr. connection with wages of workers aifected by up from below to Judge . Vinson. My MANSFIELD of Montana). Without Ob­ basic scale ruling. Above situation is "liypical only answer is that if you do not do it jection, it is so ordered. of practlcally every, canner in Orego::t and there wili not be anything to bring up There was no objection. entire Northwest and is so serious that unless something is done immediately the processing from below because you all know that The matter referred to follows: of crops Jnay be impossible. these foodstuffs are highly perishable; [From the New York Times) PAULUS BROS. PACKING Co. you cannot hold them, they spoil over­ "PROCESSORS FEAR LOSS OF VEGETABLES PACK­ night. We are going to be in the fix NORTHWEST GROUP LAYS SITUATION TO FED• Mr. JENKINS. Mr. Speaker, will the where we have either got to go ahead ERAL AGENCIES gentleman yield? and can or else let it. rot, and it will not PoRTLAND, OREG., June 5.-Food processors Mr. SAUTHOFF. I yield to the gen­ tleman from Ohio. take long. of the Pacific Northwest today charged that Mr. AUGUST H. ANDRESEN. Mr. the fumbling of manpower and price prob­ Mr. JENKINS. I wish to say to the lems by Federal agencies had caused the loss gentleman that what he has outlined is Speaker, will the gentleman yield? of thousands-of tons of early vegetables. The not only applicable to his state, but is Mr. SAUTHOFF. I yield. processors made their charges at a confer­ applicable to every State in the Union, Mr. AUGUST H. ANDRESEN. I have ence called by the Federal Farm Credit Ad­ and more or less to thousands of grow­ had a great deal of experience with these ministration, which makes loans to most of supermen down in 0. P. A., and I have the cooperatives that were represented at ers and canners in the State of Ohio. The Food Study Committee that has come to the conclusion that they are more the mezting. interested in putting over their favorite J. w. 'Mayo, executive secretary of North been studying this problem for the last Pacific Canners & Packers, Inc., accusing the month or so has a special subcommittee ideas than they are in securing the pro­ Office of Price Administration, the War Labor that has given a great deal of attention to duction of food for the American PeOple Board, and other Government agencies of this matter. They have had witnesses and for the men in our armed forces. regarding the manpower and price situations before them, they have had growers and As I size up the situation, these can­ as "apparently political rath~r than economic canners and they have developed this ners need to pay additional wages in or­ problems," said: der to get the help to can these vege­ "It's just fumble, fumble, fumble all the one fact-I think the gentleman knows time. Already we have lost thousands of tons about it already-there are great quan­ tables. The War Labor Board has grant­ of spinach, asparagus, and peas, and the tities, especially of asparagus, in the ed an increase but the 0. P. A. refuses to season has only started. If the problem is warehouses in California and some east­ add a few cents per case to cover this not solved within 10 days, Gresham (a grow­ ern sections of the United States, great extra overhead. ing center near Portland), for instance, may quantities of asparagus that is in the Mr. SAUTHOFF. The gentleman is not have a strawberry pack this year." correct. The proceesors contended that adjustments way, on which the price has not been in wages and price ceilings must be made im­ fixed, and it is apparently the conges­ Mr. SMITH of Wisconsin. Mr. mediately to insure handling of an estimat­ tion, or the inability, or the recklessness Speaker, will the gentleman yield? ed $8,000,000 worth of canned, frozen, and de­ or whatever the trouble is down below Mr. SAUTHOFF. I yield. hydrated fruits, vegetables, and milk prod­ which just paralyzes things, and it is so Mr. SMITH of Wisconsin. Is it not a ucts in Oregon and southern Washington. far-reaching that it is almost going to be fact that already Chester Davis is being The lowest practicable wage scale that could a cataclysm. bypassed and these complaints and attract adequate manpower was 85 cents an questions taken to Mr. Vinson? hour for men and 70 cents for women in Furthermore I wish to say that the metropolitan areas, 5 cents less in rural sec­ Ohio delegation representing the can­ Mr. SAUTHOFF. I do not want to pass tions, they said; an increase of 2Yz to 5 cents ners last week, last Friday or Saturday, on the priorities down in the agencies, over current scales. went down to see Mr. Vinson. Every- but I do want to state the difficulty the 5522 CONGRESSIONAL RECORD-HOUSE JUNE 8 canners are in and I want to see the can­ may be permitted to address the House to the Board of Economic Stabilization ners get more help. for 10 minutes. and we have not finished. We are deal­ Mr. MURRAY of Wisconsin. Mr. The SPEAKER pro tempore. Is there ing with someone who does not have the Speaker, will the gentleman yield? objection to the request or the gentle­ final authority. If we place it in the Mr. SAUTHOFF. I yield. man from New Jersey [Mr. HARTLEY]? hands of Chester Davis and he makes his :Mr. MURRAY of Wisconsin. I think There was no objection. decision, if it is against us it does :1ot I read the gentleman's mind: That we The SPEAKER pro tempore. Under go ·to the Board of Economic Stabiliza­ are not particular who does it nor what previous special order, the gentleman tion at all. If it is for an increase in party nor what faction does it. from Texas [Mr. PATMAN] is recognized price, we will say, and there is a ten­ Mr. SAUTHOFF. That is right; we for 10 minutes. dency to unsettle the econom~c situation, then it goes to the Board of- Economic want to get it done. ONE FOOD AGENCY Mr. . MURRAY of Wisconsin. All we Stabilization and it is passed on by that are interested in is getting this done; Mr. PATMAN. Mr. Speaker, I was agency. The point is we are placing it and if we do not get it done 1it is not very much interested in what the gen­ in people, or attempting to, who will not going to be the canners who will suffer, tleman from Wisconsin had to say about have the final say. So why not now it is going to be the American people. one food agency. Much consideration , place it in the Director of Economic Mr. SAUTHOFF. The gent~eman is and thought has been given to that ques­ Stabilization and say to him, "It is your correct. tion. It is a very serious q~estion. The duty, it. is your responsibility; we are Mr. MURRAY of Wisconsin. And it Congress, as has been discussed here, not looking to you and looking to you only." is not going to do us any good to appro­ wanting to place confidence in the Office If we do that, I think we will have an op­ priate money to get labor in here from of Price Administration, at one time portunity of getting these mistakes and Jamaica, BermuCla, or anywhere else to when a price-control bill was before it, errors that are clear and unmistakable raise produce if we do not see that the inserted an amendment which pr6vided adjusted in much quicker time. , produce gets into the cans after it is that the Secretary of Agriculture must Mr. JENKINS of Ohio. Will the produced. approv~ all prices relating to agricul­ gentleman yield? Mr. SAUTHOFF. I agree with the tural commodities. That divided respon­ . Mr. PATMAN. I yield to the gentle­ gentleman. sibility. mL-n from Ohio. Mr. HULL. Mr. .Speaker, will the Now we go to the 0. P. A., we insist on Mr. JENKINS of Ohio. If the gentle­ gentleman yield? a certain thing, and the 0. P. A. will man puts it in the hands of the Eco­ Mr. SAUTHOFF. I yield. say: "Well, we have submitted to Agri­ nomic Stabilizer, that Economic Stabi­ Mr. HULL. I wish to call attention to culture our proposition how to cure this. lizer has a thousand things to do. He is one situation which has come up since Agriculture does not agree with us." We going to be stabilizer of everything, not our meeting with this gentleman in his go to Agriculture. and Agriculture says: only of foods, but lie will have everything office yesterday; it came in this morning. "0. P. A. is wrong. ·We want to do it else to stabilize. We have 25 large pea canneries in my thus and so." Therefore, there is no Mr. PATMAN. That is very true. district. The draft boatds are taking agreement and there is nothing to go Mr.•JENKINS of Ohio. You are doing the boys now who are arriving at the to the economic stabilizer on because · exactly what you ought not to dQ if you age of 18, I believe it is, boys who were nothing has been done to unstable the want to centralize it. trained in last year's canning operations economic situation. If a price increase Mr. PATMAN. The gentleman is ask­ to manage certain lines in the canneries. is recommended, then it goes to the Di­ ing a good; constructive question. At The consequence is that this skilled rector of the Board of Economic Stabili­ the same time he will have the respon­ labor which has been obtainable from zation, but unless there is an increase in sibility.. While he has the power;·he has the high schools in some of these can­ price recommended there is nothing to the responsibility. Any man will have neries is not going to be available unless become unstable, and it does not go to plenty to do that has this in charge. He we get a reversal of the draft boards' the Director of the Board of Economic can refer part of it to Mr. Davis, he can orders on these young men. Stabilization. -- Another thing, there is a great short­ refer part of it to 0. P. A., he can refer So the point is that this divided au­ part of it to Mr. Wickard, but the point is age of help in our section of Wisconsin. thority leads to much confusion and that he will be charged with the respon­ We have had a very cold, backward often it is against the war effort. It is sibility. He cannot say, "Go and see Mr. spring, but things are coming along all also against th~ interest of the people. Wickard," "Go and see Davis," "Go and right now. We are likely to have at any When we know this we should make an see Brown." Mr. Vinson is the man that time very hot weather. That will rush effort to adjust it and I think the best has it in his own hands, the responsibil­ the pea crop and it will take an extra way to adjust it is by having one agency. ity is on him, but he may ask other peo­ force of men and women to handle the ECONOMIC STABILIZER SHOULD HAVE POWER product or else it will spoil before it is ple to make the investigation and report The gentleman from Ohio [Mr. JEN- . to him. However, he is the man who has ready for canning. the responsibility. · Mr. SAUTHOFF. Mr. Speaker, let me KINS] introduced a bill which provides say in conclusion that this is not a matter that that one agency shall be the De­ Mr. AUGUST H. ANDRESEN. Will of political par.ties or political philosophy. partment of Agriculture. I have an the gentleman yield? It is merely a matter of getting some food amendment to a bill approved by the Mr. PATMAN. I yield to the gentle­ out' and getting it out now when the time. Banking and Currency Committee which man from Minnesota. is ripe for the production of this food. would provide that the Honorable-.Ghes­ Mr. ~ AUGUST H. ANDRESEN. I It cannot be delayed. It is one of those ter Davis, who is Food Administrator at know the gentleman is aware of the fact things that is seasonal, the crop is highly this time, should be that one person to that one of the main cc1mplaints against perishable, and if it is not produced now have complete and full charge of foods, the 0. P. A. is due to the large number it never will be for this year and we will including production, distribution, price, of inexperienced men down there who have to go into next year. I might add and everything else. But I have been have made certain policies. that most of these men, being small in­ studying this a great deal and I have They have not had any practical ex­ dependents, cannot stand the loss they come to the conclusion that we are poth perience either with canning or with would have to take financially and they wrong, and I do not say that I am com­ agriculture or with the production of might be put out of business. V/e need mitted, that I will not change. I think food, and they have refused to listen to them badly next year even if they can­ we should have that power in the Direc­ men who are experienced in· these lines. · not turn out anything this year. tor of Econ\>mic Stabilization, then we Does not the gentlemazt believe it would The SPEAKER pro tempore. The time would have that one person to look to. be much better for this agency to go of the gentleman has expired. If we have a problem like you have with over into the Department of Agriculture, the canneries, you have ose person to go where they have men trained and ex­ PERMISSION TO ADDRESS THE HOUSE to who can make the decision. If we P-erienced in food production and food Mr. HARTLEY. Mr. Speaker, I ask send it to Agriculture and give them all distribution? unanimous consent that today after all the power there is anothe~ step to be Mr. PATMAN. I heard the gentleman previous orders have been completed, I had. . After he makes his decision it goes last week when I asked him to name 1943. CONGRESSIONAL RECORD-HOUSE 5523 some who were objectionable. I think do just exactly as they please irrespec­ son would let these mistakes be made, he named a Mr. Hoffman, did he not? tive of the intent of Congress. We are and that is what I would like to see. I · Mr. AUGUST H. ANDRESEN. Hoff­ trying to recapture some of that power. would like to see it under one person. man resigned this morning. A good many men have come into the FACING •RUN-AWAY INFLATION Mr. PATMAN. I know, but he went administration who do not believe in back to Agriculture. Congress. Mr. Speaker, this is what I wanted to Mr. AUGUST H. ANDRESEN. I Mr. PATMAN. That is very true. The say when I rose first. Our country is named others. I named Dr. Galbraith, gentleman says, "have come into the facing ruinous inflation. There are m'ore I named Mr. Hamm, I named Mr. Gins­ administration who do not believe in signs of run-away inflation today than burg, and I named Mr. Baker, and I Congress." I do not know about that. I have ever seen in this country. I could give the gentleman the names of I cannot certify to that. If the gentle­ could point out to you lots of sign,s that scores of others. · man knows, of course I am not ques­ really represent the handwriting on Mr. PATMAN. I think the gentleman tioning his v.eracity on it a~ all. the wall. This Congress should be doing will be rendering a distinct service if he Mr. AUGUST H. ANDRESEN. During something about it. It means almost will give those names for the RECORD at my years in Congress-and I have been equal to losing the war, if we lose this different times and give them to Mr. here· a good many years with the gen­ fight against inflation. There are two Brown-! presume he sees the RECORD­ tleman-there has always been at least major problems facing us. One is win­ and insist that corrections be made. I some cooperation between the majority ning the war, and the second one is pre­ do not believe we should have inexperi­ party and the administration that is in venting inflation here at home to save enced men at the head of these depart­ control so that they could adjust some our country on the domestic front. Last ments. If they are inexperienced and of these things, but now even the ·best week the people of this Nation asked for know nothing about the business, then Democrats cannot go down and do any­ and received $300,000,000 in new money. they do not know how to take competent thing with these men who have taken They put that money in their pockets or advice and they are not qualified to pass over the control of our administrative in their socks, or between their m'at­ on it. , affairs. ' tresses. At least they kept the money Mr. AUGUST H. ANDRESEN. They Mr. PATMAN. We have more prob­ out of the banks. They kept it out of a are the ones who have been doing it. lems today than we ever had before in place where a record might be made­ Mr. PATMAN. I do not say that all history. We had no notice of that Pearl $300,000,000. During the past 12 months of theni are that way, and I do not be­ Harbor attack. We did not know it was $5,000,000,000 have been taken out like lieve the gentleman says they are all that going to happen. It threw our country that in new money, and hoarded. It is way. I will say that too many of them into lots of confusion. We were not pre­ $10,000,000,000 more than the normal have been that way in the past. Even pared. We should have been prepared amount needed in the pockets or in the one is too many. When we find one like long years ago . . We have made lots of tills of the people to do business that the that, we should try to get. rid of him. mistakes. We made a mistake by not people do. There is something wrong · Some of them have been discharged. helping China 6 years ago. We made a abo~t that.,.. Why are they doing it? Is Mr. .auGUST H. ANDRESEN. They mistake by not fortifying those bases out not that a kind of arrow pointing in a have had some very fine, practical busi­ in the South Pacific. We made mistakes certain direction? Two or three things nessmen in the 0. P. A. and they still by not preparing this country, but those could happen. have some, but I know of several who mistakes are in the past. When we were Of course, some people say they can have gotten out of there and resigned, attacked by an enemy we had to begin handle transactions in cash and maybe or were forced to resign, because these to get ready. In order to get ready we a void income taxes. I do not think superintellectuals, as I call them, would had to change our whole form of gov­ many people do that. I think the num­ not listen to practical advice and ex­ ernment. We had to regiment the peo­ !Jer that would draw out cash and keep perience. ple. We had to do lots of things they 1t for that purpose would be insignificant Mr. PATMAN. We want to get, rid of were not used to. We had to' deprive the and would' not amount to much, but ther~ that type of person, but at the same people of things they had gotten used to are people who say that they are afraid time we must remember that we are in and which they do not like to be deprived of forced savings. If they have their the legislative branch of this Govern­ of. So we have had more problems than money in ~ he banks, and a bill should be ment. The Constitution, when it was we ever had before. . passed or a regulation enforced that made, clearly defined our duties. I some­ Mr. VORYS of Ohio. Mr. Speaker, will seizes or freezes those savings, they times believe that Members of Congress the gentleman yield? would not have a chance to get the hold out too much hope to their con­ Mr. PATIA:AN. I yield to the gentle­ money back, and if they have it in their· stituents. When they come to us with man from Ohio. pockets, or between their mattresses, it their problems we are more or less in­ Mr. VORYS of Ohio. As the gentle­ cannot be reached through forced sav­ clined to become optimistic and say, "I man says, we Congressmen have come to ings. I do not know what is happening, am going to help you get that adjusted; be not only Representatives in Congress but it looks like a flight of money to we will get it changed." Yet it is some­ but representatives in Washington of our commodities, when people are willing to thing that is in the executive department, constituents, attempting to secure infor­ pay any price to get certain things. it is not in the legislative branch at all. mation and advice for them. I hear it said all the time that in We have no power to hire and fire people To come back to this canning situa­ England they have only a few hundred in the executive department. We have tion, I confess that I have been unable peop1e enforcing the price administra­ a duty that-is clearly defined. The mak- to devote much time to the study of the tion, and I heard the statement made .... ers of the Constitution, this great docu­ situation, but may I ask the gentleman the other day that in Canada there are ment of ours, said the Executive would this. Is it true that we face the prob­ less than 100 people enforcing the price have charge of faithfully executing all ability that we shall lose a canning crop laws of Canada. They have only about the laws, And he is responsible to the because of the regulations from Wash­ 8lawyers, while down here we have 2,700. people, he is elected by the people just ington? Let me tell you something of the differ­ as we are. I just wonder sometimes if the Mr. PATMAN. I hope not, certainly; ence which you ought not to overlook. legislative branch of the Government if it were all under one person I am sure In England and Canada the people are does not sometimes· try to go too far in it would not happen. taxed very heavily. The money that 'running the Executive's part of the Gov­ We have .more problems than one. would normally go into channels of ernment. We \lave a manpower problem, and we trade, used to purchase goods essential Mr. AUGUST H. ANDRESEN. I think have transportation, and lots of other or not essential, is taxed and taken away we are reaping some things that have problems in connection with this mat­ from the people to pay the war debts of been sowed during the past 10 or 12 ter. They all cannot be ironed out by England and Canada. They do not have years, when the majority in Congress 0. P. A. or by Agriculture, or by Man­ much money to buy these goods, and bave built up this tremendous bureau­ power. It takes all oj them working to­ price control is a very simple problem. cracy who now fail to recognize the leg­ gether, but if we have them under one If we taxed th~ people of this country islative branch of the Government and person then I do not think that one per· today to pay our debts OJ;l the same basis LXXXIX--348 , 5524 CONGRESSIONAL RECORD-HOUSE JUNE 8 and according to the same ratio as they ing this country today, one of the major problem is under P. A. W. That is far tax them in England, price control would problems, is to stop this trend toward from the fact. As a matter of fact, 0. not be much of a problem in this coun­ run-away inflation. P. A., in my opinion, one of the niost in­ try, because the people would not have The SPEAKER pro tempore. The time famous agencies of. this Government, is all of these tens of billions of dollars of the gentleman from Texas has largely involved. I call the attention of to buy these different commodities with. expired. this House to the fact that it does not So, with all of the money that we have PERMISSION TO ADDRESS THE HOUSE make any difference whether we have a and the low taxes, we have got to control million or two or three million barrels prices in some way or face ruinous in­ Mr. BENDER. Mr. Speaker, I ask coming into the eastern seaboard as long flation in this country, and inflation is unanimous consent to proceed for 5 min­ as the present coupon system of gasoline something that will destroy a nation. utes after the special order of the gentle­ rationing is still in effect by the 0. P. A. One of these days, if something is n t man from New Jersey [Mr. HARTLEY]. I hold in my· hand a copy of the done to stop it, the people in the civil The SPEAKER pro tempore. V/ithout Newark News of Thursday evening last. service, in your home towns, the post­ objection, it is so ordered. The leading headline points out that in· masters and the rural carriers, and the There was no objection. one small cleaning and dyeing establish­ clerks will write you a letter and say they Mrs. ROGERS of Massachusetts. Mr. ment 35,000 gas coupons we:·e seized, the appreciate the $300 increase which you Speaker, I ask unanimous consent to value of which is a total of 110,000 gal­ gave them, but they now find that they proceed for 5 minutes after the gentle­ lons of gasoline. As I said before, it can only buy half as much with the man from Ohio [Mr. BENDER]. does not make any difference how much money they have with the increase and The SPEAKER pro tempore. Without gasoline is transported to the eastern some say they can only buy one-quarter objection, it is so ordered. seaboard, as long as this inefficient cou­ as much and the first thing you know There was no objection. pon system is in effect it will do us no our dollars will be worth dimes because The SPEAKER pro tempore. Under good. So it is not only a question of the value of that money is going down previous order of the House, the gentle­ adopting a proper long-range program all the time and if we do not realize the man from New Jersey [Mr. HARTLEY] is on the part of P. A. W., but also to bring importance of ruinous inflation and do recogniz~d for 10 minutes. some sense into the rationing on the part more to stop it, our country can lose as THE OIL SITUATIO~ ON THE ATLANTIC of 0. P. A. ·r am satisfied that if the much in property values as we could COAST barge canal system and the Great Lakes lose if we would lose the war. We must Mr. HARTLEY. Mr. Speaker, this system were fully utilized, if additional face the issue with taxes. _pipe lines were constructed that should We must absorb a great deal of this afternoon my distinguished friend and colleague from Indiana [Mr. HALLECK] be constructed, and if the tank cars additional purchasing power. That is that are now being used in district No. 2, one way. There are many other ways took occasion to call attention to the fact that those of us on the eastern seaboard which are still hauling· petroleum into it can be done, but that is the main way district No.2, were put into service in the to do it.. The President has asked for are endeavoring to find some of the an­ swers to the very grave gasoline and fuel East, the situation would be greatly re­ $16,000,000,000 more to draw that money lieved. I want to make it clear that off, not only to pay debts with it, but to oil crisis that exists in our territory. The gentleman from Indiana [Mr. HAL­ there is no disposition on the part of our keep it out of competition and keep commi~tee to attempt to spread our people from bidding too high on different LECK] took occasion to warn us that we should not ask for an extension of troubles to any other section of the goods. We have not done much about it. Nation unless by so doing we will find We passed a bill; instead of giving a lot rationing unless that extension of ra­ tioning into district No. 2, the Mid­ some relief. · of extra money we are forgiving a lot This is not just a war for the eastern of money which is in the direction of· western States, would provide some re­ lief for us. I want to assure my colleague seaboard. It is a war in which t}le entire inflation and not in the direction of de­ country is involved, and I do notbelieve flation. that the attitude of those of us on the So I ..say this Congress must realize that eastern seaboard is not that we wish to that itl is proper on the part of any Repre­ taxes. must be levied and assessed until have our headaches and our troubles ex­ sentative to get up and suggest that if by it hurts, because it is necessary to pre­ tended to the Midwest or any other sec­ extending rationing the eastern situation vent ruinous inflation, and ruinous infla­ tion of the Nation unless by so doing, by will be relieved, that it shoUld not be done. tion wnuld destroy the country. extending rationing, it will provide some Only on Saturday morning the dis­ I heard it said the other day that price relief for us. · tinguished gentleman from Pennsylvania control .is so easy. I do not agree with May I add that I believe we are pre­ [Mr. GRAHAM] pointed out that although that. I know many mistakes have been pared to prove that an extension of ra­ his district is an oil-producing district, made in price control. I could enumerate tioning and the release of these supplies and although an A coupon in his district many things that I detest and I cannot from district No. 2 will not, as the gen­ is worth 2Va gallons, petroleum is being understand why they have been done. tleman suggested, release more than shipped out of his district across the river But at the same time we must have price 15,000 barrels of fuel oil per day, but we into Ohio, where--an A coupon is worth control. There are 8,000,000 commodities will be prepared to show that we can 4 gallons and where there is no ban on in this country that are subject to price obtain upward of 200,000 barrels of petro- pleasure driving. To me that does not control. You cannot control 8,000,000 leum per day. · make good sense. I do not want anyone commodities or half that number with­ Our difficulty is, in large measure, the to get the impression that in the eastern out a lot of confusion. There will natu­ result of lack of long-range planning. seaboard we are interested only in pleas­ rally be a lot of confusion. Some people One of the suggestions that our com­ ure driving. But let me call your atten­ say we should not havl!' luxuries under mittee or our conference has already tion to a recent 0. P. A. ruling. That price control. They say, 'Why have furs adopted is that the Baruch committee, ruling provides that a person may not under price control? Why have diamond which has the confidence of the Ameri­ drive his car to his summer .home unless rings and pianos? I will tell you why. can people, be reorganized to investigate he is going there for the purpose of clos­ A fur dealer who makes $100 profit on the entire gasoline picture and malw ing it up and then making the return trip. selling furs has that $100 in his pocket whatever recommendation it deems ad­ He cannot drive to his summer home, stay in competition with all of the other visable. I am satisfied that if that is there all summer, and then return at the money that is seeking the same com­ done, if the Baruch committee is reor­ end of the summer. modities that he will want. The man ganized and tells those of us on the east­ I am not attempting to defend the who sells a diamond ring or a piano and ern seaboard that we have to give up all business of making a trip every week end makes a handsome profit, has that but essential driving, our people will be and back, but I would like anyone to handsome profit in his pocket and it only too willing to comply with that rec­ show me how any more gasoline is saved goes into competition with all the other ommendation. But as the matter stands by permitting a person to drive to his money held by people who are seeking today, there is no really organized plan­ summer home, close it up, and come baek a supply of goods, which causes more ning. There is nothing but confusion. than if he goes and stays all summer run-away inflation. So I say to you that There are a number of people who are and comes back at the end of the sum­ one of the most serious problems fac- under the impression that this entire mer. And yet that is a sample of some ( 1943 CONGRESSIONAL RECORD-HOUSE 5525 of the 0. P. A. rulings. And, just to seat of the trouble is that we have con­ regarding the 55,000 tank cars being used make it clear, and 1; do not want to have fusion worse confounded right here in for the East as they should be rat;Per any particular argument with my friends Washington. One agency issues orders than having them wait at various places from the Middle west, because we have and another countermands, creating a to take on additional freight, if those cars no desire to harm them, but we are merely bedlam as a result of the lack of co­ were used as they should be exclusively interested in seeing that we get gasoline ordination- on the/ part of. the· agencies in trams made up of gasoline cars or oil on the eastern seaboard, and we are going involved not only in the distribution of cars rather than running them in with to take such steps as we can to see that gasoline but affecting every other prob­ all kinds of mixed freight, I am sure we do get gasoline and fuel oil for our lem. the gentlewoman would have the relief constituents. Mrs. ROGERS of Massachusetts _. It she craves-that together with the ex­ The SPEAKER pro. tempore. The would be much better, where the Pe­ tension of pipe lines-with greater dis­ gentleman from Ohio [Mr. BENDER] is troleum Administration is eoncerned, if patch. recognized for 5 minutes. the one office handled price control and In our part of the country we are just GASOLINE SHORTAGE AND distribution and all matters pertaining as patriotic as folks in any other part TRANSPORTATION to oil and gas. of the country, and we are just as anxious Mr. BENDER. I think the gentle­ as they to win this war as speedily as Mr. BENDER. Mr. Speaker, we in the woman is absolutely rigat. possible, but it would be a rather short­ Middle West, particularly Ohio, have no , Mrs. ROGERS of Massachusetts. And sighted policy to extend this rationing argument or quarrel with our friends in Canada has been warm throughout the without first e"xploring the entire issue the East. There is no shortage of gaso­ whole winter when we have suffered cold · and without first coordinating all these line at the source; there is no shortage throughout the East. Does not the gen­ agencies so we might have a unified pro·­ of supply at the source . ..This is clearly a tleman believe that a revival of the Ba- · gram. I am sure no one in Ohio is happy problem of transportation. Let me call ruch committee, to give this subject the about the conditions in Massachusetts or to the attention of the gentleman from same impartial study it gave to synthetic New Jersey; I am sure there is a very New Jersey [Mr. HARTLEY] and our other rubber, might help a lot in view of the decided feeling that this matter should be colJ.eagues from the East, that the 0. P. A. public confidence there would be in the corrected, and that it should be corrected is not the ·only agency responsible for accuracy of its statements? soon. our dilemma. The Office of Defense Mr. BENDER. I will agree with the Mrs. ROGERS pf MassachuSetts. Will Transportation is not efficiently handling gentlewoman insofar as the maimer of the gentleman go with us and will the the tank cars which are used for trans­ ·handling this problem as the rubber prob­ people of his district go with us to Secre­ porting gasoline. There are 150,000 lem was handled, but the gasoline ration­ tary Ickes and those in authority and see tank cars in the United States, of which ing program in our part of the country that something is worked out? I am 55,000 have been allotted to district 1, was put into effect because of the al­ sure the distinguished gentleman would that is the district on the east coast. leged shortage of rubber. share with us for 2 or 3 months some of These tank cars according to 0. D. T. Mrs. ROGERS of Massachusetts. That the gasoline they have. We have su~­ regulations are supposed to make a was th~ original reason in the East; a fered for a year and a half under ration- round trip from source to refinery in 15 reason that proved to be a fallacy. ing. · days or an average of 10 miles per hour Mr. BENDER. Exactly. Under the Mr. BENDER. We would most cer­ in speed. However, the 0. D. T. di­ present policy, however, you have whole­ tainly do everything in our power to see rectives are not being enforced, because sale absenteeism due to this gasoline ra­ that the gasoline needed in the gentle­ the trains carrying the tank Cal'S are tioning in your part of the country. woman's section of the country is made permitted to pick _.. up other freight You have curtailment in the produc­ available to the greatest extent it can be en route from the source to refineries. If tion of agricultural products. I~ • does made available through the proper use the oil trains ran as fast as commercial not make sense since there is a shortage of transportation facilities. These fa­ freight manifests, the oil delivered on of food, and every farm expert tells us cilities are not being used to anything the east coast could be tripled or even that there will be a shortage of food, to .like their maximum capacity. · quadrupled: have·the condition extended to our part Mrs. ROGERS of Massachusetts. Those trips involve some 3,600 miles, of th~country and create more absent~e­ Would you be willing to give up pleasure and as long as that practice is engaged ism and a greater shortage of food as a driving for a time? in, you are going to have a shortage of result of invoking of the additiollf\1 ra­ Mr. BENDER. I can speak for only supply in the East, with the shortage of tioning in the Middle West. myself, bat I may say that as far as sufficient pipe lines which are not being The SPEAKER pro tempore. The time pleasure driving is concerned in my own constructed as speedily as they. should be. of the gentleman from Ohio has expired. State I do not believe there are many Let me call attention to the number of Mr. BENDER. Mr. Speaker, I ask people who are using gasoline to any workmen diverted to th construction of unanimous consent to proceed for 5 ad­ great extent that is not absolutely es­ war plants which are not now being ditional minutes. sential, because the quantity of gasoline used; in my own city, if those men had · The SPEAKER pro tempore. The allotted to us, .the gentlewoman can ap­ been used in the construction of pipe Chair would remind the gentleman that preciate from her experience with the lines you would not have as grave a prob­ there is another special order pending, gas allotted to her, is not adequate, lem in the East as you have, and if the Mrs. ROGERS of Massachusetts. Mr. Mr. HARTLEY. Mr. Speaker, will the 55,000 cars allotted to district 1 in the Speaker, I have no objec£ion. gentleman yield? East traveled even for the 15-day period The SPEA~R pro tempore. Is there Mr. BENDER . . I yield. allotted by the Office of Defense Trans­ objection to the request of the gentle­ Mr. HARTLEY. We are not revealing portation, you would not have the man from Ohio? any military secrets when we state that shortage that you have experienced in There was no objection. our difficulties are very largely the re­ the East. Mrs. ROGERS of Massachusetts. Mr. sult of the great demands for petroleum Mrs. ROGERS of Massachusetts. Mr. Speaker, will the gentleman yield? products on the part of our armed forces. Speaker, will the gentleman yield? Mr. BENDER. I yield. Mr. BENDER. That is right. Mr. BENDER. I yield to the gentle­ Mrs. ROGERS of Massachusetts. Does Mr. HARTLEY. That with the pros­ woman from Massachusetts. the gentleman realize that gasoline stocks pective events we believe to be in view Mrs. ROGERS of Massachusetts. The in district 2 are so~ three or four mil ~ the pituation is not going to get any bet­ 0. D.' T. told me only Friday that Mr: lion.barrels higher than they were a few ter but may get considerably worse. Eastman had issued a directive to the months ago, whereas our stocks are very Mr. BENDER. The gentleman - is presidents ot: the railroads telling them materially lower? It would take only right. to immediately ship back empties at 2 or 3 months, bringing in 200,000 or Mi-. HARTLEY. Does not the gentle­ rapid speed from the destinations from even 150,000 barrels a day, for us to get man believe there is a very ~reat need :wh1ch they came, which would help con­ our stocks up a little so we could go for a long-term program arfd a study siderably if that were done. ahead with some of our business. of such a program, a far more compre­ Mr. BENDER. I will say to the gen­ Mr~ BENDER. I am sure if the gen­ hensive ·program than has been set up tlewoman from Massachusetts that the tlewoman heard the statement I made to the moment? 5526 CONGRESSIONAL RECORD-HOUSE JUNE 8 Mr BENDER. The gentleman is ab­ gasoline than it had some montps ago strong enough for those in authority to solutely correct. The main objectives, Whereas the east coast has a pitifully give us results. It is not a matter of our chief objective, today, is to supply small amount. A much smaller supply mere pleading. We are all in the war our armed forces with the gasoline and than it had at the same period. together. We all ought to be willing to other oil products they need. We realize I want to direct the attention of th~ share any hardship or difficulty, but in that as well as the gentleman does. Members of the House to the fact that we this matter it is, not hardship we ask If there were a proper coordination of on the east coast have been rationed for of district 2; it would only be asking all the interests here, if there· were an months, not only so far as pleasure driv­ those of the Midwest to give up tempo­ intelligent handling of this_problem in ing is concerned, but in the use of gas for rarily their pleasure driving. The east Washington, I am sure we would have the actual conduct of our business. Busi­ coast has been grossly discriminated relief as. you would have relief in your ness has not been allowed to progress be­ against. Any fair-minded person will part of the country. cause the ga~oline was not available. The agree we are heartily tired of the in­ Mr. HARTLEY. Does not the gentle­ war effort has been-retarded. justices. man agree that the coordination of all Mr. HARTLEY. Will the gentlewoman I wish to commend the gentleman phases of the petroleum problem, even yield? from New Jersey. He should be given transportation, rationing, price fixing, Mrs. ROGERS of Massachusetts. I the greatest praise for his tireless efforts and everything else, should be placed yield to the gentlemap from New Jersey. ir. working out some sort of a solution under one head and that there would be Mr. HARTLEY. Is it not a fact that in order that we may be given relief on greater efficiency? because of the sufficiency of the stock of the east coast. It has been a task of love, Mr. BENDER. We have been· asking petroleum in district 2 that they could one might say, but it has been an ex­ for that for the last 6 months, but we -send to us 200,000 barrels per day for the haustive task for us over these long have had no results. · next 3 months withtmt having to come months, and it seems to be an endless Mrs. ROGERS of Massachusetts. As to the rationing status that we in district one. Immediate relief should be given us. the gentleman knows, 80,00~ tons of gas­ No. 1 on the eastern seaboard are in The statement of Mr. W. P. Hedden, oline have been shipped to Spain. Gaso­ today? director of port development, the Port of line and oil are being constantly sent Mrs. ROGERS of · Massachusetts. New York Authority, follows: there, and that has to be taken into con­ That is absolutely true, and that is what THE NOBTHEASTERN GASOLINE AND OIL CRISis-­ sideration it;t connection with our losses. I am going to bring out. It has been A PROGRAM OF RELIEF Mr. BENDER. And I am wondering interesting to me in that I recently have how friendly that nation is to us. seen a good many people, businessmen THE PRESENT EMERGENCY Mrs. ROGERS of Massachusetts. I and others, from the second district and Adequate supplies of gas6line are vital to am wondering, too, if that nation ever they have told me of the quantity of farming, transportation of war workers, maintenance of deliveries of foodstuffs and received it-if it has not been diverted gasoline they have, oot only for the other essentials in the Northeast. The win­ to the Nazis. operation of their business but for ter heating eme~gency is over, but supplies of The SPEAKER pro tempore. The time pleasure driving. As the Members fuel oil and heavy oil are necessary for cur• of the gentleman has expired. know we have not the necessary number rent operation of war industries and public EXTENSION OF REMARKS of votes on the east coast to pass ade­ util1ties, and for the building of stocks in Mr. KEOGH. Mr. Speaker, I ask quate legislation in order to protect our­ anticipation of next winter. selves. If the Members from district The damage to pipe lines and delays to rail unanimous consent to extend my own re­ and inland water transport caused by un• marks in the RECORD and to include an 2 would join us I helieve we could secure precedented floods, plus increasing demands editorial that appeared in the Baltimore the legislation that would at least give for overse;ts shipments to the Army and ravy, Evening Sun of May 28. us a fighting chance for our protection. have created a grave emergency. The ad­ The SPEAKER pro tempore. Is there Evel'ybody knows due to the lack of fuel ministration officials have properly taken objection to the request of_the gentleman oil the suffering that we endured during steps to apportion the current supplies to from New York [Mr. KEOGH]? the last winter on the east coast, par­ the most essential . services. However, the There was no objection. ticularly in New England, and so far as present shortage is curtailing not only..pleas• kerosene is concerned, most particu­ ure driving but transportation which is es• SPECIAL ORDERS larly in Massachusetts. The argest sential to the civilian population of the The SPEAKER pro tempore. Under Northeast. · percentage" of the kerosene used is Mr. Chester Dumond, New York State Com­ previous special order of the House, the burned in New England as compared missioner of Agriculture, is quoted ·in the gentlewoman from Massachusetts [Mrs. with the rest of the country, and by far New York Times of June 2 as saying, "The RoGERS] is recognized for 5 minutes. the greatest use of it is in my own State. cold fact is that at this moment our current Mrs. ROGERS of Massachusetts. Mr. It took us some time to make the Ad­ check indicates that many of the farms of Speaker, I ask unanimous consent to ministrator realize how vital an adequate New York State are right up against the revise and extend my own remarks in the danger of total absence of gasoline for plow­ supply of kerosene is. ing. • • * Nine of the 21 gasoline dis­ REcoRD and to include certain recom­ It has been suggested to me and I tributing bulk plants operated in New York mendations made by Mr. W. P. Hedden, have been working on the matter that State by the Grange League Federation have Director of Port Development, Port of plenty of trucks are now available to had no gasoline for several days. The dry New York Authority. carry gasoline from the barges that can plants are in Steuben, Erie, Allegany, on­ The SPEAKER pro tempore. Is there come through the inland waterways and tario, Chenango, Wyoming, Monroe, Catta­ objection to the request of the gentle­ that those trucks could be made avail­ raugus, and Wayne Counties." woman from Massachusetts [Mrs. The city situation for war workers is just able to carry the gasoline down through as critical. Every day 385,000 New York and ROGERS]? New York, New Jersey, and to New Eng­ New Jersey residents must cross the Hudson There was no objection. land. I will ask the Members to join River between their homes and places of bust­ Mrs. ROGERS of Massachusetts. Mr. with me in seeing that that be done. ness. The railroad tubes take care of a por­ Speaker, I am going to insert in the Mr. HARTLEY. Is it not true that the tion of them but 150,000 travel on rubber RECORD in connection with my remarks Keystone Pipe Line from Buffalo to and use gasoline, either in busses or private the complete recommendation of Mr. Philadelphia, which has a capacity cars. Transportation in private cars has been · Hedden, but I would like to read just one of about 20,000 barrels a day, is not in drastically reduced, despite the fact that clockings in April showed that 70 percent were paragraph briefly because I want the use simply because the stocks in Buffalo engaged in essential travel. The load thrown Members to consider it now. are not available, yet if the barges on on the interstate bus lines has jumped from He states as follows: the Great Lakes were used the supply 46,000 per day in 1941 to 77,000 in Marc11 In order to deliver to the Northeast the would be plentiful in Buffalo? 1943. In rush hours, the busses are crowded maximum quantities of motor fuel for the Mrs. ROGERS of Massachusetts. Yes; to 45 and 50 passengers, including standees. next 90 days in available tank cars and inland that · is correct. Those barges should Now the critical gas shortage has forced a cut barges, the Petroleum Administrator should continue now on their way and should be of 20 percent 1n bus service, while at the same direct the movement of at least 200,000 bar­ met by trucks. I am told there are plenty time the use of private passenger cars. has rels per day from district 2 to district 1. been cut 30 percent. of trucks to take the gasoline. It is imperative that these restrictions be As I stated before, district No. 2 has I believe· those of us on the east coast eased as_soon as practicable. The problem ts upward of 4,000,000 additional barrels of must have assistance in making our case obviously one of increasing the supply in tho 1943 CONGRESSIONAL RECORD-HOUSE 5527 critical Northeast area as quickly as possible, program to equalize ;tacks between the Mid­ New York State Canal, Hudson River, Chesa­ insofar as this can be done by adjustments west and the East, and to provide more out peake and Delaware Canal, 'Long Island in consumption and stocks in other sections of current production by equalizing con­ Sound), and additional steel barges and tug which will permit a greater daily delivery to sumption with the east coast. equipment to distribute the inc~easing vol­ the Northeast from points were transporta­ The barge, tug, ancr self-propelled tanker ume of rail and pipe-line deliveries which will tion is available. Prompt steps should be equipment in operation on the New York terminate at concentrated refining and stor­ taken in this direction. Our specific sugges­ State canals in 1941 demonstrated ability to age centers in the New York, Philadelphia, tions in this regard are elaborated under an move 77,000 barrels per day west-bound. With and Richmond areas. The Big Inch pipe line, immediate program. a late start in reversing this movement in the 20-inch pipe line, and the Plantation pipe In order that the present situation in the 1942, the east-bound movements were 52,000 line extension, together with older pipe lines Northeast States shall be neither dragged ·barrels per day on the average. With ade- reversed from west to east, will deliver by out for an unduly long period, nor suddenly quate supplies available at points like Toledo, next winter over 600,000 barrels per day of occur- a third time, we believe that certain rational allocations of the lake-tanker fleet petroleum products to 3 concentrated areas steps should be taken at this time in a longer and the migratory self-propelled barges on the east coast. The distribution from range program which will effect supplies next which operate on both the Lakes and canal, that point on to the ultimate consumer will winter and next year. and quick completion of improvements in require ample small tanker and barge equip­ IMMEDIATE PROGRAM transhipment facillties at Buffalo and Os­ ment to place the products at secondary bulk wego, there is no doubt that the water move­ terminals and distribution points, from which More gasoline by rail from Midwest ment from now until December 1 could be truck delivery can be made to the consumer. In order to deliver to the Northeast the stepped up to double or triple of what is There are nearly 500 of these secondary bulk maximum quantities of motor fuel for the now in prospect. The whole program, except terminals in New York Harbor and Long next 90 days in available tank cars and inland the contribution of the State of New York, Island Sound alone, with hundreds more in barges, the Petroleum Administrator should · is lagging because of lack of assurance that southern and eastern New England, Delaware direct the movement of at least 200,000 adequate supplies will be available at Great River, and Chesapeake Bay points. Practi­ barrels per day. additional from district 2 to Lakes ports. This assurance can only be cally all of these secondary bulk terminals are district 1. given if a vigorous policy is pressed by the located on the water. Water equipment Mr. Ickes has already hinted that this · Petroleum Administrator, with whatever help should be used in this lateral east coast serv­ move may be necessary. He was reported in is needed from the Office of Price Adminis­ ice to release tank cars, as far as possible, for the New York Herald Tribune of June 2, as tration rationing authorities, and the Office the shuttle service from the major oil-pro­ warning that the effects of the shortag~ of Defense Transportation officials in charge ducing points to the east coast. might soon extend inland to Midwestern and of allocating water movements on the Lakes, It is probable that there will be a shortage other States, and that if diversion of Midwest and carried through, if necessary, by definite of steel tank barge equipment in 1944 to ac­ oil supplies to the E(lst would help ease the orders upon the petroleum industry to make complish th"is necessary transportation be­ crisis, that course would be followed. It these diversions from the Midwest to the tween the primary refining and pipe line and should be started without delay. East, rather than to content itself with sup­ rail terminals and the secondary local distri­ By reason of the shorter turn-around from plying the usual nearby customers. bution tanks in New England, New York, New storage tanks and refineries in district 2 Use aJ...pipe lines jrom lake area to east coast Jersey, Pennsylvania, Delaware, Maryland, (Midwest) as compared to district 3 (Gulf and Virginia1 Because of the necessity of territory), total deliveries by tank car wo~ld Additional relief in moving supplies to the clearing steel requirements through the War be increased 50,000 barrels per day by draw­ east coast can be secured by utilizing exist­ Production Board and arranging for small ing 150,000 barrels more by rail from the ing pipe lines and pressing the completion tanker and tug motive power and barge con­ Midwest. The same tank cars can deliver of another pipe line connecting the Midwest struction, this program should be ~ressed 150,000 barrels per day of gasoline from the with the east coast. The Atlantic Co.'s Key:­ immediately. Midwest on a 12-day turn-around as against stone line from Buffalo to Philadelphia, with Provision has been made for conversion 100,000 barrels hauled from the Southwest on a capacity of about 18,000 barrels per day, · of over 100 dry cargo units to petroleum use / an 18- or 20-day turn-around. At . present, is still not reversed, on account of lack of on the Mississippi-Ohio waterways, and the 80 percent of the total movement is from supplies at the western.end. Additional sup­ building of 168 new steel tank barges for long-haul points in the Gulf territory . . plies at Buffalo would permit the employment use on the same waterways. Also, provi­ Gasoline stocks in district 2 are approxi­ of this line. A new pipe line has been au­ sion bas been mac!e for tugs and wooden mately double those of district 1, even under thorized fro;m Chicago to Toledo, with an barges to handle heavy oils in the Gulf and the present rationing. They could be drawn estimated capacity of 30,000 barrels per day, th$' South Atlantic intracoastal waterways. upon at the rate of 200,000 barrels per day_ under the sponsorship of the War Emergency However, no program has been planned for above present shipments from district 2 for Pipelines. If this is completed promptly, the Northeast, largely because of lack of any 2 or 3 months and still riot pull these stocks additional products can be made available at definite supply program, which will leave idle Toledo as against Chicago, mak·ing it possible certain existing barge equipment in the down below those on the east coast. to bring petroleum by water from Toledo to Furthermore, an additional supply out of Northeast in the winter of 1933-44. Looking Buffalo on a 3-day turn-around instead of to 1944, however, it is imperative that the current production could be made available the longer 9-day turn-around. of Chicago to to the east coast if the restrictions on driving_ steel tank barge equipment in the northeast Buffalo by way of Lake Michigan and Lake (including that which operates on the Barge were equalized to a greatflr extent. At the Huron. present time, the basic allowances in district Canal and the Great Lakes during the open 2 are three times those in district 1, and Further economies in transportation mile­ season from April to December) be aug­ there is no pleasure ban on the use of the age and lake tanker equipment might be mented to take care of continued movement gasoline in district 2. achieved by an exchange of products whereby east from the Great Lakes; north and north­ Canadian refineries at Sarnia (near Detroit) east from pipeline and rail terminals at More gasoline at Lake ports for water move­ could make available supplies to move east New York to the Hudson River territory, and ment to East on a short haul to the Buffalo end of the New England, locally in the Delaware River In addition to the more effective use of canals and pipe lines in return for American and Che~peake and Delaware Canal terri­ tank ·cars which could be accomplished by refined products to be hauled from Chicago tory from Philadelphia, and locally in the making greater quantities of gasoline avail­ to Canadian destinations in Lake Superior. Chesapeake Bay territory from the Richmond able from district 2, inland waterway equip­ The efficient utilization of the lake-canal terminals of the Plantation Line. This pro­ ment which may otherwise be wasted, could system of the pipe line from Buffalo, and of­ gram should be immediately sponsored by be utilized in transport from the Great Lakes tank cars in short haul froin the Midwest the Office of Defense Transportation, with the area to the Atlantic coast, if greater supplies against long haul from the Gulf, depends cooperation of the Petroleum Administra­ were provided at Lake ports, such as Toledo, fu!lllamentally upon adjustment of supply tor, who must estimate and plan the sup­ Detroit, Cleveland, and even Chicago. program (and perhaps the rationing pro­ ply picture so that the barge equipment can The New York State canal system from gram in the Midwest) to provide adequate be fully utilized. Buffalo and Oswego to the Hudson River, amounts for movement from district 2 to . LEAVE OF ABSENCE Which supplies pet roleum products direct to district 1. Relief to the severely curtailed points in New England, New York, New Jer­ Northeast to the extent of over 100,000 bar- By unanimous consent, leave of ab­ sey, and Pennsylvania, is easily capable of .;els per day could be obtained from this sence was granted as follows: handling 150,000 barrels per day . . Governor source. To Mr. ·EATON (at the request of Mr. Dewey and the New York State Legislature LONG-RANGE PROGRAM HARTLEY), indefinitely, on account of have recently authorized improvements official business. Which will be completed very shortly in an­ In addition to the emergency program al­ To Mr. EBERHARTER (at the request of ticipation of a movement of 122,000 barrels ready outlined, which, if carried through, a day. Instead, the available supply was would give continuing relief not only for the Mr. McCoRMACK), for 2 weeks, on account first set at 70,000, and more recently at 40,000 summer but also for 1944, provision should be of official business. barrels per day by the Petroleum Administra­ made for construction of addition~! small To Mr. KELLEY of Pennsylvania

. ~ . , " 1943 CONGRESSIONAL RECORD-SENATE 5529 By Mr. MAY: the winning of the war by prohibiting the poses for human welfare and world H. R. 2901. A bill to authorize the disposi­ manufacture, sale, or transportation of alco­ brotherhood. We make our confessions tion of certain property under the jurisdic­ holic liquors in the Unite.d States for the tion of the War Department; to the Com­ duration of the war; to the Committee on the and ask Thy forgiveness. May this our mittee on Military Affairs. Judiciary. repentance be registered in nobler and By Mr. McCORMACK: 1466. Also, petition of Christ P. Jacobsen fuller living. We recognize Thy chasten­ H. Res. 254. Resolut ion directing the Li­ and 56 other citizens of Cathlamet, Wash., ings, and accept them as expressions of brary of Congress to deliver to the Attorney and vicinity, urging enactment of House bill Thy wisdom. Yet our hearts have not General certain papers; to the Committee on 2082, a measure to re~uce absenteeism, con­ fully turned back, neither have our steps the Library. serve manpower, and speed production of declined from Thy way. materials necessary for the wlnninp- of the war by prohibiting the manufacture, sale, or Strengthen today every worthy en­ PRIVATE BILLS AND RESOLUTIONS transportation of alcoholic liquors in the deavor. Give us increased nobility of Under clause 1 of rule XXII, private United States for the duration of the war; · heart. bills and resolutions were introduced and to the Committee on· the Judiciary. We pray for Thy servants who gather severally referred as follows: 1467. By Mr. PLUMLEY: Resolutions of the in our legislative halls, the President of Connecticut Valley Pomona Grange, No. 11, the Senate, and others who have chief By Mr. MAGNUSON: Woodstock, Vt., opposing Senate bill 637 as responsibility. H. R. 2902. A bill for the relief of Mrs. Wil­ reflecting on the capabilities of the Ameri­ liam Leo; to the Committee on Immigration can people to discharge this duty and en­ We pray for our comrades in the task and Nat uralization. dangering the freedom of the people; to the of world brotherhood, especially for H. R. 2903. A bill for the relief of the Wash­ Committee on Education. those whose lives are exposed to great ington Asphalt Co.; to the Committee on 1468. By Mr. HOLMES of Washington: danger, for their families and all their Claims. Petition of sundry citizens of Yakima, Grand­ interests. By Mr. PLUMLEY: view, Mabton, Sunnyside, and Pomeroy, H. R. 2904. A bill for the relief of the May the blessing of God rest this day Wash., urging favorable action on House bill upon the bereaved family of Thy servant, Reverend R. E. McKinney; to the Committee 2082, a bill to reduce absenteeism, conserve on Claims. manpower, and speed production of mate­ who had led a great Christian church in H. R. 2905. A bill for the relief of Walter rials necessary for the winning of the war our midst, upon his people, and upon all R. Jones; to the Committee on Claims. by prohibiting the manufacture, sale, or others who mourn his loss. H. R. 2906. A bill for the relief of Mrs. transportation of alcoholic liquors in the We pray for the nations of earth Norma S. McKinney and Mrs. Ella Swenson; United States for the duration of the war who differ from us in thought and pur­ to the Committee on Claims. and until the termination of demobiliza­ pose. In the midst of strife may we tion; to the Committee on the Judiciary. learn nobility of character which shall PETITIONS, ETC. 1469. By the SPEAKER: Petition of Fran­ be free from unholy prejudice and vin­ cis Jean Reuter, T. D. B. S., M. A., Wash­ Under clause 1 of rule XXII, petitions ington, D. c., petitioning consideration of dictive passion. In the name of the and papers were laid on the Clerk's desk their resolution with reference to petition Great Saviour. Amen. and referred as follows: No. 221; to the Committee on the Judiciary. THE JOURNAL 1459. By Mr. HALE: Resolution of the New 1470. Also, petition of the National Society England Traffic League, recommending that of New England Women, petitioning consid­ On request of Mr. HILL, and by unani­ the passage of Senate bill 942 as now drawn eration of their resolution with reference to mous consent, the reading of the Journal be opposed; that in lieu thereof the buyers House bills 2428 and 24.29; to the Committee of the proceedings of the calendar day and sellers of all modes .of transportation be on Immigration and Naturalization. Tuesday, June 8, .1943, was dispensed given the opportunity to confer for the pur­ 1471. Also, petition of the Consolidated with, and the Journal was approved. pose' of determining what, if any, illegal or Building Trades, Metal Trades, Central Labor MESSAGES FROM THE PRESIDENT undesirable practices are now being pursued Council of Vallejo, Calif., petitioning con­ to draft a plan to govern future activities of sideration of their resolution with reference Messages in writing from the Presi­ all rate-making agencies, associations, and to old-age assistance; to the Committee on dent of the United States submitting bureaus that will be lawful and practicable, Appropriations. nominations were communicated to the such plan to be subject to the approval of 1472. Also, petition of the Council for Pan Interstate Commerce Commission or such Senate by Mr. Miller, one of his secre­ American Democracy of New York, N. Y., taries. other governmental agency as the Congress petitioning consideration of their resolution may designate, as well as the Department of with reference to the (;Olonial system of gov­ MESSAGE FROM THE HOUSE Justice; and that in order to make effective ernment be ended in Puerto Rico; to the A message from the House of Repre­ these recommendations the New England Committee on Insular Affairs. Traffic League urges the Congress and the De­ sentatives, by Mr. Megill, one of its partment of Justice to defer any action for '1473. Also, petition of the United Federal clerks, announced that the House had a reasonable period pending the outcome of Workers of America, Philadelphia, Pa., peti­ passed the bill