10014 CONGRESSIONAL RECORD-HOUSE l\fAY 25

.SOUTII DAKOTA INSURANCE OF WORLD WAR VETERANS Robert C. Gibson to be postmaster at Geddes, S. Dak., in Mr. JOHNSON of South Dakota. l\Ir. Speaker, I ask unan­ place of R. C. Gibson. Incumbent's commission expired l\fay imous consent for the present consideration of the bill ( S. 24, 1926. 3fl97) to amend section 301 of the 'Vorld War veterans' act, Theresa R. Harrington to be postmaster at Montrose, S. Dak., 1924, which I send to the desk and ask to have read. in place of T. R. Harrington. Incumbent's commission expired The Clerk read tile title of the bill. Muy 24, 1926. The SPEAKER. Is there objection? TEXAS l\Ir. HUDDLESTON. 1\Ir. Speaker, reserving the right to object, will the gentleman give us some idea of what this Edmund W. Tarrence to be postmaster at Llano, Tex., in bill is? place of E. W. Tarrence. Incumbent's commission expired Aplil 13, 1926. l\lr. JOHNSON of South Dakota. Mr. Speaker, the term in­ Jnmes L. Hunter to be rx>stmaster at Austin, Tex., in place of surance ghen to World 'Var veterans expires on July 2 of this G. H. Sparenberg, deceased. :rear. There are many ex-service men in the United States who do not feel that they llave sufficient funds to convert their term VlRGI"XIA insurance to other forms of insurance provided, such as 20- Jessie R. Fox to he postmaster at Greenwood, Va., in place pnyment life, 20-payment endowment, ordinary life, or the more of J. R. l!.,ox. Incumbent's commission expired May 24, 192G. expen, ·ive forms of insurance. This extends the time for con­ WASHINGTON vendon one year for these men. 1\Ir. HUDDLESTON. The gentleman means that it extends Sylvester G. Duell to be postmaster at Arlington, Wash., in the time in which they may convert that insurance? place 'of S. G. Buell. Incumbent's commission expires May 1\Ir. JOHNSON of South Dakota. Yes. 26, 1926. 1\Ir. DOWELL. l\Ir. Speaker, reserving the right to object. Charles 0. Merideth to be postmaster at Kent, Wash., in place may I inquire of the gentleman if this also permits those who of C. 0. Merideth." Incumbent's commission expires May 26, haYe dropped the insurance to reinsure during this ·year? 1926. 1\ir. JOHNSON of South Dakota. It does. WISCONSIN Mr. BROWNING. Mr. Speaker, will the gentleman yield? Annie Jordan to be postmaster at Barneveld, Wis., in place Mr. JOHNSON of South Dakota. Yes. of Annie Jordan. Incumbent's commission expired l\Iarch 7, Mr. BROWNING: Docs the gentleman understand they 1926. would have the same right to renew that they have now? Emma Thompl'(on to be postmaster at Deer Park, Wis., in Mr. JOHNSON of South Dakota. Exactly the same right. place of Emma Thompson. Incumbent's commission expired Mr. BROWNING. If they are in good physical condition. March 2n, 1926. They would have that for one year. Henry E. Johnson to be postmaster at Frederic, Wis., in 1\lr. JOHN~ON of South Dakota. Yes. It does not change place of H. E. Johnson. Incumbent's commission expired l\larch existing law. 7, 1!l26. 1\lr. DOWELL. That is the point that I was trying to get Frank H. Colburn to he postmaster at Shiocton, Wis., in place at-whether this also left the same provision in the law that of F. H. Colburn. Incumbent's commission expired March 31, now exi:-26. 1\ir. JOHNSON of South Dakota. There is no change in existing law. CONFIRMATIONS Mr. V\.INGO. Mr. Speaker, will the gentleman yield? Executive nominations confinncd by the Senate May 25 (legis­ 1\lr. JOH rsoN of South Dakota. I would be very glad to lati-ve day of May lf.1), 1926 :rield, but other committe<'s have the right of way, and if I start in to debate under my agreement I shall have to withdraw the PROMOTIOXS IN TilE ARMY bill. I yield to the gentleman. Joel Ernest Goldthwait to be brigadier general, Medical Re­ Mr. "'INGO. As I understand the gentleman's first state­ serve. ment, it was that it gave an additional year from July 2 to Orva Earl Beezley to be major, Field Artillery. convert the insurance. Did the gentleman al!m say that it ex­ APPOIXTMENT IN THE ARMY te.nded the time for a year to r einstating insurance that had Curtis Loyd Stafford to be captain, Cavalry. lapsed? POSTMASTERS Mr. JOHN'RON of South Dakota. That is my judgment, the same as existing law. GEORGIA l\Ir. RANKIN. Of course, the gentleman understands that Jefferson n. Hatchett, Greenville. we do not all agree that the law would shut us off after July 2. Charles H. Travi~. Senoia. Our contention is that we have until next l\1arch, the date Emmett D. Dial, 'Yoodstock. .fixed by law and by the proclamation of the President closing MINNESOTA the war. I did not want that to go into the record without Otto Rakness, Alpha. this explanation. Arlie R. Wilder, Amboy. The SPEAKER. Is there objection to the present considera- OliYei; A .. l\Iatson, Kiester. tion of the bill? PENNSYLVANIA. There was no objection. The SPEAKER. The Clerk will report the bill. Charles "r· Schlosser, Waterford. The Clerk read the bill, as follows : Be it cnacterl, etc., That section 301 of the World War veterans' HOUSE OF REPRESENTATIVES act, 1024, approved June 7, 1024, as amended March 4, 1U2t>, is hereby amenc on Enrolled Bills, mental disability or reappears in which to convert. reported that the committee had e:x:amiued and fouud truly " '.rbe insurance except as provitfi'd herein sllall be payable in 2-10 enrolled bills of the following titles, when tho Speaker sigD<~c.l eqnnl monthly iu!:lLnllmcnts: Pro-r:itlcd, That when the amount o.f the same: an iudinduat" monthly payment is less than $5, such amount may jn the niscretion of the director be alloweu to accumulate without H. R. 5G83. An act authorizing tile appropriation of S2,GOO interest aml be dislmrsed annually. Provisions for maturity at for the erection of a tablet or marker at Sir Walter Raleigh certain ages, for continuous installments during tbe life of· the insured Fort, on Roanoke Island, N. 0., to Vir~inia Daro, the first c:llild o.r beneficiaries, or both, for casu, loan, paid-up and extended values, of Euglish parentage to be born in Amedca ; dividenus from gains and savings, and such other provisions for the H. R. 7911. An act to authorize the exchange of certain public protection and advantage of and for alternative benefits to the in­ lands anc.l the establishment of an aviation field Hear Yuma, sured and the beneficiaries ns may be found to be reasonable anu Ariz.; prnctlcallle, may be provided for in the contract of insurance, or S. 2537. An act to provide for tile condemnation of land for from time to time by regulations. All calculations shall be based upon the opening, extension, widening, or straiglltening of :::;treets, the American Experience Table of :Mortality and interest at 31h per avenues, roads, or highways in accorclance with tile plan of the eent per annum, except that no deduction shall be made for con­ permanent Rystem of highways for tho District of Columbia, tinuous installments during the life of the insured in case his total ancl for other purpose::; ; and anu permanent disability continues more than 240 months. Subject S. 27:30. An act to amend section 1155 of an act entitled ".An to regulations, the insured shall at all times have the right to change act to establish a coc.l~ of law for the District of Columbia.'' the beneficiary or beneficiaries without the consent of such bene­ SEJ.~ ATE BILLS REFERRED ficiary or beneficiaries, but only within the classes herein proviueu. Senate bills of the following· titles were taken from tho "If no ben<'.ficiary within the permitted class be designated by the Speaker's table and referred to their appropriate committee~ as insured as beneficiary for converted insumnce granted under the provi­ indicated below : sions of Article IV of the war risk insurance act, or Title III of this S. 3802. An act granting to the Northern Pacific Railway Co. act, either in his lifetime or by his last will and testament, or if the the right to construct and maintain a bridge across tile 1\Ii~sis ­ del':ignateu beneficiary does not survive the insured, then there shall be sippi River at Little Falls, in t11e State of Minnesota; to the paid to the estate of the insured the present value of the remaining Oommiltee on Interstate and Foreign Commerce. unpaid monthly installments; or if the designated beneficiary survives S. 3803. An act granting to the Northern Pacific Railway Co. the insured and dies before receiving all of the installments of con· the right to consi:J:uct and maintain a bridge across the Missis­ verted insurance payable and applicable, then there ~':hall !Je paid to the sippi River at l\Ilnneapolis, in the State of :i\Iinnesota; to the estate of such beneficiary the present value of the remaining unpaiu Committee on Interstate antl Foreign Commerce. monthly installments: Pt·ovilled, That no payments shall be made to any estate which under the laws of the residence of the insured or the BRIDGE ACROSS TliE MONONGAHELA RIVER, ALLEGHENY COUNTY, PA. beneficiary, as the case may !Je, would escheat, but same shall escheat Mr. BURTNESS. Mr. Speaker, I present House ConcmT ~:> nt to the United States and be credited to the United States Government R esolution 29, and aRk unanimous consent for its im111. _e life . insurance fmf

1.926 CONGR.ESSION _A_L R.ECOR.D-HOUSE il0023 Mr. MADDEN. The gentleman from Illinois, my colleague So the bill pnssed the Sixty-eighth Congress containing the [l\1r. 1\1mnoN D. HULL], asked the gentleman from PennsylYania, compromise provision, or, in othe.r words, the so-called Hull the chairmn.n of the Committee on Banking and Currency, to amendment, but it died in the Senate on account of the opposi­ mnke a statement as to what his attitude would be in case he tion of the branch bankers. ''ent to confereure n. s one of the conferees in respect to the Hull This provision !Jecame lmowu as the Hull amendment, because amendments, so called. at that time the gentleman from Illinois [l\Ir. MoRTON D. HuLL] I understood the gentleman from Pennsyl'mnia to say that if was a memlJcr of the Banking and Currency Committee and the !Jill was sent to conference by unanimous consent, he would offered the compromise provi:-;ion us an amendment to the ha>e in mind the attitude of the House when it passed the original propoHal. Hull amendmen~s-I want to sec whether I got this statement "rhen the Sixty-ninth Congress com·ened the gentleman from correct or not, Lecause I do not want to make a misstatement­ PennsylYania [1\Ir. l\IcF .AJJDE..~] again introduced the bill, and and that any compromise that might Le reached in the confer­ as introduced, and as it passed this House. the bill carried the ence !Jefore being agreed to by the conferees would be !Jrought same proYision, which is still referred to as the Hull amend­ hack to the House for a Yote. I think what the gentleman ment, although it is a purt of the original Lill and not an from Illinois, my colleague, would like to know, as ·well as amendment. myself, is whetlwr the gentleman from Pennsylvania, as one of Now what is the Hull amendment? The crux of the Hull the conferees, would agree that before any compromise is amendment is the phrase: "At the time of the appro...-al of this finally reached in the conference he will bring the original act." The theory of those who supported the Hull amendment Hou:;e provision back and let the House say what it wants to is this: They are willing that in the States that now authorize do in resvect of the determination of that question in the !Jranch banking that the national banks in those States shall conference. ha-ve bran<:bes in the city in which they arc located. In other Mr. FAIRCHILD. In advance of any compromise? words, their theory is that they are willing to grant this ext(>H­ 1\Ir. MADDEN. Yes. sion of branch banking in the States, provided ut the same time 1\'Ir. BEEDY. 'l'he gentleman would not want us to upset the you put a check upon the further spread of Lranch banking. r<'gnlar procedure of the conferenre. In other words, I do not Now, what does the Senate amendment do? The Senate understand that anybody expects the conferees on the part of amendment authorizes the establishment of branches by na­ the House to pledge beforehand that they will or will not tional banks not only in those States \Yhere State banks are do anything definitely ; and if they will !:!tate they will hon­ now permitted to have branches, but in auy other State whlch estly endea>or to secure such legislation as is compatible may hereafter authorize its State banks to have branche::;. with the views of the House, that is all we ought to expect Now, what is the difference between the House provision and of them. Otherwise, what is the purpose of a conference? the Senate pro-vision? The House provision, which includes the 1\Ir. MADDEN. I think there is a good deal of feeling in so-ralled Hull amendment, frankly intends to check and di~­ the House that there ought not to be any compromise until courage the further spread of branch banking, or, as the gentle­ the question comes back, although they may have a tentati>e mnn from :Maine [l\Ir. BEF.DY] said, "freeze" the present situa­ outline of a comvromise that migllt be entered into; but before tion, or " scotch " branch banking where it is now. they finally enter into it tbey should come back to the House l.Jpon the other hand, the Senate amendment frankly is in­ for further instructions. tended to encourage the further spread of branch banking, doing Mr. BEEDY. The chairman always brings buck the agree­ this by insuring that national banks who fayor branch banking ment and asks the House to vote on it. will joill State banks who want branches and encourage the changing of State laws in those States which now prohibit 1\Ir. McFADDEN. If tile gentleman from Arkansas will per­ !Jranch banking. I r-.ay this is frankly conceded, Lecause the mit, I would like to answer tile question >Yilicil the gentleman Senat<:' amendment was conceived and dictatPtl by the branclt­ from Illinois [l\Ir. 1\1.ADDEN] Ilas propounded. I think I haYe Lauk lobby. 'I'heir theory is that they cuu overcome the re­ quite clearly stated to the IIou::-;e already that they shall have straint wllich has heretofore exi~:ision which national bankers are :Mr. FAIRCHILD. In advance of a definite agre-ement? very anxious to see enacted into law, and they are fearful t.llat Mr. McFADDEN. In advance of an agreement. in the contest over the branch-bank question the bill will be M:r. WINGO. Mr. Speaker, I do not know \Yhether I shall defeated. I have frankly told them what I say to you, because Le a conferee, !Jecause the branch-bankers' lohby hns threatened I think I know the jud,gmen.t of the House, that if the Senate that they would prevent my appointment as conferee unless I insists upon its amendments the bill is dead, but I do not think surrendered on the !Jrauch-!Janking question nnc:l betrayed the the Senute will insist when it once understands the situation. House by agreeing to the Senate amendment; but assuming I think the Senators were misled. If you want to read an that I shall be a conferc€', I have no objection whatever to interesting as well as an amu::.ing debate read some of the dis­ stating my position to the House. cussion in the Senate on this bill. I will point out to you some In order that you may understand the situation I silall, with of the contradictory remarks made. Let us take page 9339, of your permi::ision, give you a short history of this proposal. A the CONGRESSIONAL RECORD dated 1\:Iay 13. We find two state­ few years ago when this legislation was first suggested there mclltS by two gentlemen who are Senate conferees. In the first was so much opposition to the pro110sal that there was little column here you have a statement by one of the conferees, hope of its paHsage through the House. The proposition then \Vhirh I will read: was, so far as this branch-Lank question is concerned, to author­ Mr. EDGE. Mr. Prel:iident, Jf we adopt the Hull amendment, we prac­ ize branches by national banks in the city where they are tically state to 26 States in the Union that tlley can do as they located, provideu the State in which they are located permits pleo.Re; that they can have state-wide branches if they please; but if State banks to ha-ve branches. The American Bankers' Associ­ we eliminate the Hull amendment, we announce to those 2G States ation had gone on record more thnn once against branch bank­ that, so ftll' ns the Federal Government is concerned, they must con­ ing, and all efforts to get the association to indorse the fine their branches to municipalities. McFadden bill failed until it was suggested as a compromise that if in addition to authorizing these intercity branches the N'o'\\·, I do not accuse the Senator of deliberately misstating bill also provide that such authority should !Je limited to banks the facts, because there is no doubt in my mind but that he in States which authorized branch hnnkiug at the time the honestly Lelieved what he said. He said that the Hull amend­ bill !Jecomes a law. With that uwlerstnnding the American ment would allow the States to do as they please, and·n0t only Bankers' .Association agreed to supvort the bill. said that, but in addition thereto he saiu they could have state- 10024 CONGRESSIONAL RECORD-HOUSE MAY 25 wide branches uncler the Hull amendment. Of course, he was not the right, but the privilege, of membership in that system in error, because under neither the House nor Sen~te proYision may be enjoyed by a State institution. can a State bank, as a general rule, remain a member of the But if it be coercion of the States, if it be such a violation Federal reserve system and have state-wide branches. . of the rights of the States as to cause some of these gentle­ In addition to this erroneous statement, you notice that he men to rant and raYe as they do, I am unable to understand said if the Senate eliminated the Hull amendmut confine your pear to anyone who reads the provisions of both the House and l>ranchcs to the city, as it is to say to what particular cities Senate bill. The Senate and the House bills both limit whate•er tltese branches shall l>e confined. branches are authorized by their amendment to the municipali­ Why ~peak of coercion? If it be coercion to thus limit the ties in which the bank is located. privilege of membership in the Federal reserve system of State Now, an amusing thing is that in the very next column one banks, then what about the coercion of Stn.te legislatures which of the other Senate conferees, Mr. GLASS, makes this interest­ have yielded to the l>ranch-bank group and set up State banks ing statement: with branches not ouly city but county and state-wide in com­ petition with national banks? Why, it is a result of that Mr. GLASS. That is the IIull amendment. The Hull amendment coercion that we are legislating upon this question to-day. serves notice upon the State of Missouri that the State shall never The States are coercing the national banks in coming to Con­ change its banking system, no matter how much it may desire to do gress and insisting that they be relieved of the unfair compe­ so, with respect to branch banks, unarded with telegrams from both tors deliberately misstated the facts, but are simply mistaken sides-you know this is the crucial fight, and you can very themselves. But the Senators who heard them, especially well understand the force of my statement when I declare Senator GLAss, relied upon these erroneous statements. The that if you kill the Hull amendment independent unit banking Senate was plainly confused and misled, because, as the old can not be saved from the coercion and blighting effect of story goes, here was one of the Senate conferees teaching the branch banking, which will ultimately lead to a complete bank "round system," and the other Senate conferee, a distinguished monopoly, as it is in England and Canada. [Applause.] authority on banking, was proclaiming with fervent zeal the If the Hull amendments are not so important, then why "flat system." this vicious fight by the branch bankers? \Vhy did they build With these misleading remarks and misstatement as to the up such an expensive organization to kill the Hull amendments? bill I am not surprised, and know you are not surprised, at Why, gentlemen, one witness before the Senate committee, the outcome in the Senate. Some of the gentlemen at the realizing that the facts were known, volunteered the admis­ other end of the Capitol have admitted the facts frankly, sion that he had been paid $45,000 to $50,000 lly a little coterie stating that they knew nothing about the bill and relied upon of bankers. Do you suppose a little coterie of bankers would Senator GLAss. pay one man $50,000 to work, as he claimed, for months gather­ Another thing that influenced the Senate was that word was ing up data which he used as a basis for his fight upon our whispered around that body that the gentleman from Pennsyl­ efforts to check branch banking, if they did not think the \ania and myself and the Deputy Comptroller of the Currency situation vital? Did you ever meet :Mr. Giannini, head. of the were at work on a compromise proposition that we were going Bank of Italy? Have you met some of those other great bank­ to be able to agree to in conference, and that the thing to do ers who sincerely and honestly believe in branch banking, was to simply pass the bill as the Senate committee reported and are using all of their power and influence to check our it and let it go to conference, where this compromise could be efforts to restrict what we regard as an evil but which they worked out. All three of us gentlemen had been on the floor in deem a virtue? Gentlemen, do you think that they arc fools? conference, and I can naturally understand how under the cir­ Do you think they oppose this proposition knowing it to be an cumstances they voted as they did. immaterial one of no consequences for the future? Oh, gentle­ But I am convinced that when they know the facts and men, you had better wake up and not be fooled by these mis­ fully understand the Hull amendment that they will rather leading arguments. than defeat the entire bill recede. Do you know Paul Warburg? Do you know W. P. G. Hard­ Now, there was another argument that was used with a great ing? Do you know Julius Barnes? They arc able and power­ deal of :r.eal and vociferation, and that is that the Hull amend­ ful men who, no doubt, honestly believe branch l>anking is a ment seeks to coerce the States. Why, Mr. Speaker, my friend virtue; but, gentlemen, whoever may he the friends of the from Maine, e•en with his wisdom, talks about the coercion branch banJcers, however wise and influential may be those of the States. I was surprised, because I ha•e always had the with whom I differ upon this question, I think I know o·f the greatest respect for the gentleman from Maine [Mr. BEEDY], heart of this House, and I know the heart of a majority of the and regarding him as one of the ablest merr in the House, I was Senators. By conviction they are against branch bankJng and surprised that be had been fooled by such a specious argument. want to preserve independent unit banking in .America. Know­ State rights has a reclprocal proposition of Federal rights. The ing this, I say to you that this bill is dead unless the Senate Federal Government ltas just as much right to fix the powers of recedes from its amendments. [Applause.] a Federal agency, like a national bank or a Federal resene But another misleading argument made against the House member bank, as has tlle State legislature the exclusive right bill is that we never had any hearings upon it. Why, gentle­ to fix th~ charter powers of State banks. National banks are men, look at this volume, which !"€'presents the hearings of the agencies and creatures of the Federal Go•ernment. The Fed­ House Committee on Banking and Currency on this question. eral reserve system is a Federal system, and both, by Federal Again, the Senate was told that the comptroller was never law, are fiscal agents of the Federal Government, and it is consulted about this proposition. Why, gentlemen, that was a both ridiculous and absurd to sup;gest that because ·Congress surprising statement to me, because the first time I ever heard cxcrci~cs its power in fixing the charter rights of national of the McFadden bill being seriously considered was when the banks and in providing terms of membership to the Federal Comptroller of the Currency talked to me about it, and, gentle­ r~en·c syFltem it is violating any right of the State or coercing men, here is his testimony in the hearjngFl. As a matter of tbe State in any exercise of its rights. Membership in the fact, he was the first witness before our committee, and while Federal reserve system is not a right. Such mcmbcrsllip is not I may be mistaken I had always understood that Comptroller authorized, granted, or springs from any State authority. The Dawes either prepared the bill or bad it prepared under his Ji'ederal reserve system is a creature of the Federal Govern­ direction. ment, a· fiscal agent of the National Government, and the Na­ Then again the Senate was told that the House committee tional Government certainly has an unquestioned moral as well never consulted the Federal Reserve Board. That was a Fmr­ a~ legal right to prescribe the terms upon which the privilege, plising statement to me, because members of the lJ'ederal ne- ) 1926 CONGRESSIONAL RECORD-HOUSE 10025 serve Board were repeatedly in the committee rDom during the This bill is an old friend. It has been here before. It was llearings and three members of the Federal Reserve Board befoa:e us in the last Congress. It finds its genesis in the recom­ - appeared before our committee and testified on this question. mendations of the former Comptroller of the Currency, Mr. In addition to that they gave us a written statement just be­ Henry M. Da wcs, in his report of December, 1023, nnaul.:s, national banks should have the same privilege. If it You are in favor of independent unit banking and against the did not, national banks should not have that privilege. This further spread of branch banking. So far as I am concerned 'vas the position 'Yhich the Banking and €Jurrency Committee I leave the matter with you. I should not have made this of the Sixty-eighth Congress took when it reported the bill out. statement had not the gentleman from Illinois asked for an It left the "·hole initiative to the States. They should deter­ expression by the conferees as to what their intentions arc. mine the policy of branch banks or no branch banks. This posi­ You can take me off the conference if you like, but I state to tion is a 11artial abdication of power by Con,;n:ess. It is a posi­ you that I will never surrender to the Senate on this question, tion ,ybich encourages the change of law by States not now per­ and if the Senate conferees insist uvon it that kills the bill, mitting branch banking. becaw;;e, by the eternal gods, I will never by any act of mine (3) Or it might provide that national banks now :.uffering eucourage the further spread of branch banking. [Applause.] from the competition of State banks operating under charter Mr. MORTON D. HULL rose. powers that permitted a branch-banking business should have The SPEAKER. The gentleman from Pennsylvania [1\Ir. branch-banking rights, and stop right there, reserving for the Mcl.i'.ADDEN] has the floor. Congress the right to determine for the fut:Ire how much Mr. MORTON D. HULL. Mr. Speaker, I reserved the right further it might wish to go in the extension of branch banking. to object, aud unuer that reservation I assumed that I had This would extend branch· banking in the national banking some right to be heard. If I hnve not any right to be heard, system throughout the 22 States permitting branch banking to I want to know it. I would lili:e to proceed for a few minutes. . their State. banks. This was not the poli ~ Y of the Banking l\Ir. McFADDEN. Mr. Speaker, I yield to the gentleman. · Committee of the last Congress but it was the policy of the l\Ir. :MORTON D. HULL. I would like to get a few minutes' House itself, for when the bill came before the House it time to speak to the House, especially as my na~e has been adopted certain amendments to the effect that national banks taken in vain in tlle discussion of this bill. should be permitted to do a branch-banking business only in The SPEAKER. The Chair uoes not understand whether States where at the time of the passage of the bill State laws the gentleman is speulank member of Mr. McFADDEN. If I have control of the time, I am per­ the· Federal reserve system could not acquire branch banks fectly willing to yield. and remain a member of the Federal reserve system. This was 'l'he SPEAKER. This is a proceeding by unanimous con­ the way the bill of the last session passed the House, and it sent, and under the reservation of the right to oi.Jject. remained undisposed-of business iu the Senate at the time of :Mr. MADDEN. Mr. Speaker, I ask unanimous conscut that the- adjournment. the gentleman from Illinois [Mr. MoRTON D. HuLL] be r,iven At this session the amendments adopted on the floor of the 15 minutes if he desires it. House at the last session were adopted by the Banking and The SPEAKER. The gentleman from Illinois asks unani­ Currency Committee of the Ilouse as part of the bill when mous consent that his colleague, l\Ir. MortTON D. HULL, may reported out, and in that for~ the House passed the bill. The proceed for 15 minutes. Is there objection? Senate has struck them out and has adopted the course of There was no objection. the Bunking Committee of a j·ear ago. In other words, it bas Mr. MORTON D. HULL. 1\{r. Speaker, let me say at the surrendered to the States the determination of policy of brauch start that I do not .for a minute desire to make a personal banking so far as affects national banks. issue out of anything of this kind. It is too impo;. Lant to be Another change to be noted is that of the geographical area trca ted in any sense as a personal issue, either by the chair­ in which brunch banking may be practiced. In California it man of the committee or any other Member of this House. is a state-wide system so far as State banks are concerned. However, I do want to make a statement with reference to In the House bill it was proposed that it should be confined the facts of the situation and the history of the legislation, to the municipal limits of the city in which the parent bank and I shall try to be very brief. is located. In the Senate bill it is extended to the metropolitan I l \ 10026 CONGRESSIONAL RECORD-· HOUSE MAY 25 area where the parent bank is located. That is, where there in such States. To call it an attempt to coerce tile States is ru·e two or more municipalities adjacent to each other the pure buncombe. parent bauk may be in one an23. 1\Ir. Dawes says : In both bills it is provided that some national hanks may have Branch bauk:illg is, In its c 'i'lence, monopolistic. The financial re­ branches and some may not. The only way you can avoid •lis• sources of a number of communities are put under the control of a crimination is to proYide that national banks, wllere>er located single group of inilividuals. Funds liquidated In one community may and ,-vithout reference to State laws, shall be permitted to do a be u ~c d to develop other communities at the discretion of the officers branch-banldng bnsiness. But this you will shrink from doing, of the central bank. Tile economic developm<'nt, therefore, of a given though in ultimate effect this is what you are doing in the Sen­ territory under the ct>ntrol of n branch bank would dep<.'nd upon' the ate revision of the bill. policy of the bank. The bank would have the power to retard or It is said also as a justification for branch banking that it is to encourage the development of a given community or individual perfectly natural economic development. I respectfully submit <'n terpt·lse. • • * this is no justification at all. Katuralness is not a sufficient If any lessous are to be drawn from the development of large indus­ criterion of desirability. Weeds are a natural development in trial enterprh~<'s in the United States it is that the prln~ple of cen­ a garden. But tl10 gardener plows them out. Branch banldng tralization when once inaugurated will proceed unless interfered as a perfectly natural development leads fo monopoly, which is with by ~overnmental action to a point of complete concentration in undesirable. Tho whole history of civilization is one long an individual or a group dominated by an individual. Should a situa­ !'tory of restraints and inhibitions on certain perfectly natural tion of this kind develop in any Federal reserve district tho Federal developments for the purpose of permitting more desirable de- reserve bank would either be eliminated us a factor in tho financial velopments. · community or be virtually under the control of sucll a group. l\lr. CARTER of Oklahoma. l\lr. Speaker, will the gentle­ From time to time efforts have been made to substitute for the old man yield there? machinery a system which mlgbt seem to be theoretically and tech­ Mr. MORTO~ D. HULL. Yes. nically more perfect. The frontal attacks of the proponents of for­ l\fr. CARTER of Oklailoma. If I understand the gentleman's eign· banking systems have Invariably broken down without in any amendment, it provides that national banks shall be prohibited subl;tantial manner permanently mollifying or affecting the general from establishing branch banks in' all States except those principles of American banking. The genius of the .American people where States have branch banks at the time of the passage of for independence in matters of local self-g<>vernmcnt is thoroughly the act. ingrained and will never succumb in any clean-cut issue where the The SPEAKER. The time o~ the gentleman ' from Illinois choice rests ootwP<'n centralized control and personal and community has expired. independence. 1\fr. CARTER of Oklahoma. ~Ir. Speaker, I ask unanimous consent that the gentleman from Illinois may have one minute Yet Mr. Henry hl. Dawes was the godfather of tho 1\IcFad­ more. d(m bill. It was be who inspired its provisions at the last session. The SPEAKER. Is there objection to the request of tile A remark was made here about the approval of the Comp­ gentleman from Oklahoma? troller of the Currency. The amendments have my name, and There was no objection. were inserted in the bill by my suggestion at the last session, Mr. CARTER of Oklahoma. The Senate provision, as I but they were drafted after discussion with the comptroller, understand, provides that the national banks shal.l be per­ and they were drafted in the final form in the office of the mitted to have branch banks in any State that may hereafter former Oomph·oller of the Currency, Mr. Henry M. Dawes; and establish branch banking for State bunks. Is that the dif­ I believe his chief deputy, Mr. Collins, also had a hand in the ference? drafting of those particular proposals. Mr. MORTON D. HULL. That is the fundamental e basis with such State banks. But I am not willing to made, that he will submit to the House any proposals that go one step farther. For this reason I oppose the adoption be may wish to make to the conference committee before the of the Senate amendments. The question may be asked, and conference agreement, I am inclined to withdraw my objectiou, has been asked, 'What will happen should the bill in the form but on that condition only. Is that the gentleman's statement? in which it passed tile House become the law, limiting branch ~fr. McFADDEN. I stated it two or three times. I tbiuk it banking on the part of national banks to those States which at is fully covered. the time of the approval of this act permit State banks to The SPRAKEc still tlle ri"'Ilt to legislate as there wiU be nothin~ left to confer about. If the course which they please. All that has been done is to remove the motives the gentleman l\fr. HULL r>roposes were to be followed, it woulcl for such legislation on the pnrt of some of the banks locate

that if the House conferees are to be instructed the Senate will legislation to remove the handicap. Such a situation in itself refu:;e to enter a conference. is a most convincing answer to the Hull amendments. It is my understanding that conferees are appointed here in The question naturally arises if it would be necessary for all cases in order that the views of both Senate and House Congress to repeal the Hull amendments whenever an anti­ may be reconciled by compromise or adjustment, to the end that branch-banking State changes its laws; why enact them in reasonably satisfactory legislation may result. \Vhen the the first place? Why put Congress in the position of creating House appoints conferees it is to be assumed that it has confi­ a condition which it would be in duty bound to correct peri­ dence in the integrity and good judgment of its a11pointees. odically? The Hull amendments will not stand the light of I am confident that any conferees to be appointed by the House logical analysis. They must fall as inconsistent with the home­ on the McFadden bank bill may be trusted to secure the best city branch-banking policy of the McFadden bill. They must legislation practical and compatible with the views of the House. fall by reason of their own senseless provisions. To insist upon instructing conferees is not only hostile to the At this point I desire to call your attention to the fact spirit of the conference ; it is a reflection upon the integrity of that the Hull amendments are not only contradictory to the the conferees. For this first and fundamental reason I, there­ spirit and purpose of the McFadden bank lJill but they are a fore, ovpose the resolution. serious reflection upon the sound sense and integrity of the But I am opposed to the instruction of the conferees for a people of Illinois. By insisting upon the Hull amendments the second reason. 1.'hese instructions seek to bind the conferees to gentleman from Illinois· [Mr. MoRTON D. HuLL], in effect, says, support the Hull amendments. Those amendments are incon­ "I do not trust my own people. True, my State legislature in sistent with the original intent and purpose of the McFadden 1924 passed an antibranch banking law. True, this law wns lJank bill. The brnnch-banking policy of the McFadden bill is submitted to my people and passed by an overwhelming ma­ to restrict state-wirform, and they perform their dutie::; etfi. minutes in which to get to our office reports? ciently aud well. Our California peace officers are ·second in 1\lr. TILSON. If unanimous consent is given to proceccl, I efficiency and courtesy to none in the country. We are getting shall ask unanimous consent tllat the Hou ·e may Htand in rcce~s along very well, thank you, without the interference or excr- until 2 o'clock. cise of unsolicited, unconstitutional supervisory power by a Mr. McLAUGHLIN of Michigan. l\Ir. Speaker, will the gen· ~;mu g JJureaucrat from the State of New York. It might be tleman yield a momeut before be goes into that? Jess objectionable to Californians if General Andrews would im- Mr. TILSON. Yes. pose tliis militaristic bureaucratic order on his own State of Mr. :Mo.LAUGHLIN of 1\licbigan. I read in the papers a New York, l\fr. ~lellon's State of Pennsylvania, and tile Presi- statement that the judg-es' salary bill wonld be taken up. ility for which is rrcognized under s~ctton l\lr. 'l'ILRON. I do not believe it will come up this week. 1 of the Federal tort claims act, if the amouut claimed exceeds ~5,000." The SPEA.KF.R. The gentleman from Connecticut asks Sr~c . 4. Paragraph twentieth of section 24 of the Judicial Code, as unanimous con::>ent that it shall now be in order to take up bills amended, is amended by adding ufter tlle first subdivision thereof a new ou the Private Calendar unobjected to. Is there objection? subdivision to read as follows : Tllere wus no objection. " Concurrent with the Court of Claims, of all claims liability for which is recognized under section 1 of the Federal tort claims act. if " THE KING O.AN DO NO WRONG" the amount claimed is in excess of $u,OOO but does not exceed $10,000. Mr. CELLER. Mr. Speaker, I ask unanimous consent to All suits brought and tried under the provisions of this paragraph shall r evlse and extend 111y remarks in the RECORD on the subject of be tried by the court witlJOut a jm·y." the Federal t ort claims bill. SEc. 5. Suit under e:e'ction 24 or 145 of tlle Judicial Code, ns The SPEAKER. The gentleman from New York asks unani­ amended by this act, upon a claim accruing on or after April G, 1920, mous co11sent to extend his remarks in the RECORD on the sub­ and prior to the passage of tllis act, shall lie brought within six mouths ject of the Federal tort claims bill. Is there objection? after the passage of this act or within six years after the accrual of There was no objection. the clnim. l\lr. CELLER. l\lr. Spen.ker, there is pending on the Union SF.c. G. Nothing in this title shall be construed to all'ect any right Calendar (No. GS) H. R. 8651, a \bill to provide for the settle­ of the United States to reimbursement from an officer or employee or ment of claims against the Uniteu States on account of prop­ the Government wlllfully causing the damage or loss giving rise to any erty damage, personal injury, or death. It is called the Fed­ claim against the United States under this title. No claim by an eral tort claims act, and is named for 1\Ir. UNDERHILL, chair­ insurer by subrogation or otherwise shall l>c instituted or allowed mn.n of the Committee on Claims, of which I am a member. against the United States under this title. It is a much belated attempt to give redress to citizens nnu SEC. 7. No suit upon any claim shall be brought under this title if others wronged and damaged by the Government. The bill the claim has been determined by the head of any department or estab· probably will not pass tl1is session of the House and that is lishmcnt under section 2; and no claim shall be presenteu for considera­ unfortunate. However, it will cause attention to be focussed tion to the head of any department or establishment under section 2 upon the havoc and. injustice caused lJy the threadl>are theory if final judgment thereon has been rendered in a suit upon such claim that the ''king can do no wrong." brought under this title. · The Senate, March 15, passed S. Hl12, which provided a SEc. 8 . (a) The provisions of this title shall not apply to- method of settlement of claims in tort against the Government ( 1) Any claim arising out of tl.Je loss or miscarriage or negligent in sums not exceeding $3,000. That bill is really an extension transmission of letters or postal matters; of the small claims act extending jurisdiction of the heads of (2) Any claim arising in respect of the assessment or collection of the clepartments to settle claims in tort upwards of $3,000 ; any tax or customs duty; nor the jurisuiction now is $1,000. (3) Any cl::tim for wllich liability of the Government is recognized The Underwood bill is much more comprehensive and is by the act of October G, 1n17 (40 Stat. L. p. 389), reluting to loss or much preferable. I made n study of the later bill. In order destruction of or damage to personal property and eft:ects of officers that said study might be properly set forth and properly under-. and enlisted men and others in the naval service or the Coast Guard; stood I herewith insert a copy of saicl H. R. 8G51 : act of l\larch 3, 1885 (2o Stat. L. p. 3ii0), as amended, relating to loss, IN TIIE !lousE Oll' RErRESENTA.TIVES, damage, or destruction in the military service of private property be­ January 30, 19l6. longing to officers, enlisteq \men, and members of the Nm·se Corps Mr. UNDERTIILL Introduced the following bill; which was referred to (female) of the Army; or act of March 0, 1920 (41 Stat. L. p. 525), the Committee on Claims and ordered to be printed. February o, 1926, and the act of March 3, 1925 (43 Stat. L. p. 1112), relating to claims committed to the Committee of the Whole House on the state of the aguinst merchant and publlc vessels of the United States or of corpora­ Union and ordered to be printed. tions the entire stock of which is owned by the United States. A bill (H. n. 8651) to provide for the scttlrment of claims against (b) The act entitled ".An act to provide for tlle settlement of claims the United States on account of property damage, personal injury, arising against the Government of the United States in sums not ex­ or death ceeding $1,000 in any one case," approved December 28, 1022, is hereby Be it enacted, etc.- repealed, except that any claim accruing prior to such repeal may be conRidercd, ascertained, adjusted, determined, and certified in the same TITLE I.-PROPERTY. DAMAGE CLAIMS manner and to the same extent as if this act were not law. SECTIO:'i 1. The Government of the United States hereby grants (c) The provisions of any act, ln so far as inconsistent with the pro­ autlwrity, as hereinafter provided, for the payment of claims on visions of this title, are hereby rrpealed to the extent of such incon­ account of damage to or loss of privately owned property, if cuused sistency. by the negligence or wrongful act or omission of any officer or em­ TITLlll II.-PEllSO~AL IXJURY AND DEATH CLAI!\18 ployee of the Governmrnt acting within the scope of his office or em­ ployment; except that contributory negligence shall be a bar to SEc. 201. (a) The Government of the Uuited States hereby grants liability for any such damage or loss and except that no liability shall authority, as hereinafter provi•lcd, for the payment of claims for com­ be hsd for any such damage or loss if the claim therefor accrued pensation for personal injury or death caused by injury (1) 1f caused prior to April 6, 1020. by the negligence or wrongful act or omis:;ion of any officer or employee SEc. 2. (a) Authority is hereby conferred upon the head of each of the Government acting within the scope of his office or employment, d epartmrnt or establishment to consider, ascertain, adjust, and deter­ or (2) if attributable to any defect or insufficiency in any machinery, mine, on l.Jehalf of the Government of the United States, any claim vehicle, appliance, or other materials and such defects or insufficiency unclcr section 1 if the amount claimed docs not exceed $5,000. is due to the negligence or wrongful omission of an officer or employee (b) Such amount as may be found to be due any claimant shall be of the Government. cct·tified to Congress ns a legal claim for payment out of appropria­ (b) No compensation shall be paid for any such injury or death tions that may be made by CongreRs therefor, together with a brief which results from the claimant being intoxicated or under the iuflu­ statement of the cllaractcr of each claim, tho amount claimed, and the ence of drugs, or if the injury or death is caused, in whole or in part, CONGRESSIONAL RECORD-HOUSE ~fAY 25 I 10030 \ by contributory negligence, or by tbe willfnl misconduct of the claimant, (1) Compensation shall be awa-rded only for death cam:<'d by injury or I.Jy the claimant's intention to bring auout injury or death to himself and occurring within three yeatlon as follows : time of death. (1) Permanent total disability: In the case of disabllity adjudged (d) 'l'he compensation provided in this title sllall be payable bi­ to be total and permanent in nature, compensation shall be at the rate weekly, but tue commission may, in its discretion, lla>ing regard to the of $18 a we •k. welfare of the beneficiary and to public convenience, authorize such (2) Permanent partial disability: In the case of disability adjudged compensation to be paid monthly or quarterly. The first payment of to be partial antl permanent in nature, com~nsatlon shall be at a rate such compensation shall include such sums as have accrued to the not in excess of $18 a week. The commission shall prepare and by claimant under the award between the date of the injury or death and regulation provide a schedule declaring the classes of disability covered the date of such payment. by thiR paragraph, the weekly rate of compensation for each !'Uch class, (e) In addition to the money compensation provided under thie such rates to be proportionate to the degree of permanent dhmbility, title- and the total amount of compensation which shall be awardeu for each (1) In the case of personal injury, the injured individual shall be such cl{IRS. If the total amount of any award under this paragraph allowed such expenses for any medical, surgical, and hospital services docs not exceed $300, the compensation may be paid as a lump sum without deduction on account of Immediate payment. and supplies (including artificial members and other prosthetic appli­ (3) Temporary total disa1Jility: In the case of disability adjudged ances) as the commi.·sion adjudges necessary and reasonable for cure to be total !.Jut temporary in nature compensation shall be awarded, of or relief from the results of an injury, to an amount not. to exceed $300, subject to such r egulations as the commission mny prescribe with for such pt'l'iod a~ the disability continues, at the weekly rate of two­ thirds of the weekly eamings of the injured individual averaged dur­ respect to the procurement of such services and supplies. ing the sb: months imlJletliately preceding the date of injury; except (2) In the case of death, the perRonal representatives of the dece­ thnt the weekly rate of compensation shall not exceed $18 nor ,bo dent shR.ll be allowed such funeral and burial expenses of the decedent less than $9 unless such two-thirus of such weekly enrnings is less a.s the commission adjudges to be necessary reasonable, in an amount than $9. In such case the injured individual shall be awarded antl not to exceed $200. paid compensation equal to his weekly earnings thus averaged, but (f) If a bcnrficiary is or is about to llccome a nonresident of the not in excess of $9. If the injured individual is a housewife, minor, United States, or if the commission determines that it is for the best or other individual not employed, or having only irregular or casual interest of the beneficiary, liahility of the United States for compen­ employment, the compensation shall be at the rate of $9 a week. sation to such b<'neficin.ry may be discharged by the payment of a lump (4) Temporary partial disability: In case of disai.Jility adjudged to sum equal to the present value of all future payments of compensation be partial but temp01·ary in nature, compensation shall be pnid, so computed at 4 per cent true discount compounded annually. The long as the di;:;abil.ity continues, at weekly rates proportionate to the proi.Jability of the beneficiary's death be.fore the expiration of tho degree of temporary disability, as adjudged by the commission. pcl'iod during which he is entitled to the compensation shall be com­ (5) The total compensation which may be paid in nny one case for puted according to the American Experience Tahle of Mortality. The permanent c.lisability, whether total or partial, shall not exceed $5,000, probability of the happening of any other contingency affecting the and for temporary disability, wllethcr total or partial, shall not exceed amount or duration of the compensation shall be disregarded. $3,750. SEc. 205. As used in this title- (6) If an injured indlvi) Compensation for death shall be awarded and paid by the com­ (d) The term "parent" means a father, mother, father or mother mission as follows : through adoption, stepfather, stepmother, and persons who have stood --

1926 CONGRESSION .A.L RECORD-HOUSE 10031 in luco. tJurent!s to the deceased !or a period of not less than two years of compensation after such marriage, be shall upon conviction be sub­ a just lJl"iOl' to )liS u<•atb. ject to fine of not more than $2,000, or imprisonment for not mo1·e (C') '.fbe term "grandparent" me.'l.ns a grantlfather or grandmother. than one year, or I.Joth. SEC. ~()G. Payments of compensation for personal injury to any SJ.CC. 212. The provisions of this title shall not apply to- claimant untler this title may be denied or suspended, to such extent (a) Any clalm for which compensation is provided by the Federal a s tlle commi>:Hion tleems necessary, unless such claimant bas, as employees' compensation act, as amended, or by the World War vet· frequentl:L and at such times and places as may be reasonably required erans' act of 102-!, as amended. · I.Jy the commission, sullmitted himself to examination by a medicul (b) Ally claim for injury or death incmred in line of duty by any officer of the United States or by a duly qualified physician, designated member of the military or naval forces of the United States In eases or approved by the commis:>ion. The individual injured may have a where relief is provided by other law. duly qualified physician designated and paid by him present to partlci· SEC. 213. The act entitled "An act to provide compensation for em­ pate in such examination. In case of any disagreement between the ployees of the United States suffering injuries while in the performance physician making an examinution on the part of the United States and of their duties, and for oth-er purposes," approved September 7, lDlG, the physician designnt<'d by the individual injured, the. commission shall as amended, is amended by adding at the end thereof a Jtew section to appoint a third physician duly qualified who shall make an examinat.ion. read as follows : For all examinations after the first required under this btle, "SEc. 43. That this act may be cited as the Federal employees' com the claimant shall, in the discretion of the commission, be paid bis pensation act." reasonable traveling and other expenses. Fees for examination made TITLE III.-MISCELLA:•ilellng and other expenses shall be department or independent estabJisbment not in the legislative or judi­ paid out of the appropriations for the administration of this title. cial branches or' the Government, or any corporation acting as a gov­ SEC. 207. (a) Any assignment of a claim ot compensation under this ernmental instrumentality or agency in which the United States owns title shall be vointitled to any compensation under this act. tive department or other independent establlsbmcnt or governmental (d) '.rhe cause of action when assigned to the United States may be instrumentality or the court shall, as a part of the award or judgment, prosecuted by the commission, and if the commission realizes upon determine and allow reasonai.Jle attorneys' fees not to eJo:ceetl 15 pOT such cause of action it shall apply the mouey or other . property so re· centum of the amount recovered, if recovery be had, to l.Je paid to the · ccived in the following manner : After deducting the amount of any attorneys of tbe claimant. Any attorney who charges, demands, rl!­ compensation already paid to the beneficiary, including any payments ceives, or collects !or services rendered in connection with such chlim made under such subdivision (e) of section 204, and the expenses of any amount other than that allowed under this section, if recovery be such realization, which sum shall be paid into the Treasury, the surplus, bad:sball upon conviction thereof be subject to a fine of not more than if inly; shall be paid to the beneficiary and credited upon n ny future $2,000 or Imprisonment for not more than one year, or both. paym!'nts of compcnsa~.tion payable to him on account of the same injury. SEC. 303. Section 173 of the Judicial Code ls amended to read as (e) If an injury or death for which compensntion is payable under follows: this title is caused under circumstances creating a legal liabillty in " SEC. 173. No claim shall be allowed by the accounting officers or some person other than the United States to pay damages therefor, and the bead of any executive department or other independent establish­ n beneficiary t>ntitled to compensntion from the United Shttes for such ment or governmental instrumentality, or by any court of the United injury or death receives, as a r«>sult of a suit brought by him or on States, or by the Congress to any person where such claimant or those bis behalf, or as a result of a settlt>ment made by him or on his behalf, under whom he claims shall willfully, knowingly, and with intent to any money or other property in sa tisfnction of the liability of such defraud th·e· United States have clnimed more than was justly due in other person, such beneficiary shall, after deducting the costs of suit respect of such claim or presentetl any false evidence to Congress or Bnd a reasonable attorney's fee, apply the money or other property so to any depat·tlllent, establi::;bment, instrumentality, or court in support rcceiv!'d in the following manner : thereof." (1) If his compensation bas been pA.id in whole or in part, he shall SEC. 304. No claim for loss, damage, injury, or death, liability for refund to the United States the amount of compensation which has which is recognized undet· this act, shall be settled, adjusted, or re­ been pA.id by the United States, including any payments made under viewed under section 236 of the Revised Statutes, as amended, nor subdivision (e) of section 204, and credit any surplus upon future shall jurisdiction of any such claim be bad except as provided in payments of compensation payable to him on account of the same this act. injury. Any amount so refunded shall be paid into the Treasury. SEC. 30G. No period of limitation for presenting or filing tbe claim (2) If no compensation has been paid to him by the United Stutes, of any individual under 18 years of age or mentally incompetent shall be shall credit the money or other property so received upon any com­ run so long as such intli>idual is without a guardian, tl'Ustee, or com­ pensation payable to him by the United States on account of the same mittee. injury. SEC. 306. This act may be cited as the "Fedt>ral tort claims act." SEC. 208. If the original claim for compensation has been made At the outset I wish to state that I am in favor of this bill; within the time required by this title, the commission may, at any it probably is the utmost that we can get at the present time. time, on its own motion or on application, review the award, and, in It does not, however, go far enough. accordance with the facts found on such review, may end, diminish, 'l'itle I of the bill Jnvolves property damage claims agninst o:- increase the compensation previously awarded, or, if compensation the Government to any amount. has been refused or discontinued, award compensation. Title II involves personal injury and death claims but limits SEc. 209. That if any compensation is paid under a mistake of law recovery to $5,000. It is difficult to understand why injury to or fact, the commission shall Immediately cancel any award under person should be deemed less valuable and less susceptible of which such compensation has been paid and shall recover, as far as remedy than injury to property. The death of an individual practicable, any amount which has been so paid. Any amount so can result in no greater damage than $5,000, yet judgment recovered sllall be paid into the Treasury. could be obtained, under Title I in this act, for injury to prop­ SEC. 210. There is hereby authorized to be appropriated the sum ot erty in the Court of Claims far beyond a million dollars. I.e ~2!3,000, to be ayailable until the expiration of the fiscal year ending there is to be limitation as to the jurisdiction of the amount June ~0, 1027, for the payment of the compensation provided by this of claim, that limitation should bear more heavily against title, including expenses for medical, surgical, hospital services, and property damage rather than personal-injury damage. It seems supplies, and for funeral and burial expenses as provided by section quite illogical to place a greater value upon chattels or eon­ 204, and the physician fees and traveling :wd other expenses provided tracts than upon life and limb. by section 20(). Recognition of recourse against the State by the individual SEc. 211. If any person entitled to compensation under this title, for wrongs do.ne him is a comparatiye new innovation in Ameri­ but whose compensation ceases upon marriage, accepts any payments ca!! political life. It may, therefore, be too early for me to ad- I I MAY 25 I 10032 CONGR.ESSION AL R.ECORD-HOUSE \ ~~ vocate the proposition that the United States district court We now know, however, that the maxim "The King can do should open it~ doors fo1· the purpose of redressing wrongs no wrong" was a prerogative of royalty. Chitty, in his The invol"ved in negligence and other torts resulting in personal Law of Prerogatives of the Crown, page 5, indicates that this injury or death with no limitation as to the amount of re­ maxim meant that the law merely supposed that it was im­ covery. That is ·the goal towarcl which we are inevitably possible for the King to act unlawfully or improperly. The tending. law could not distrust him, since it inYcstcd him with supreme Title I, ro:ection 4, endows the United States district · court power. He might haYc been capable of wrong, but siucc he was with jurisdiction concurrent with the Court of Claims in supreme there could be no redress, no suit or action coulernment than any other branch should be no dread of a jury giving disproportionate verdicts. of our Government, and is the only individual to whom It coulu Nevertheless, I am willing to accept the provision there shall possibly have any relation. It can not apply to him, because the Con­ be trial without jury, as I do not want to voice any objection stitution admits that lle may do wrong, and has 11rovidcd, by the wllich might impair the passage of this bill. It had been proceeding of impeachment, for his trial for wrongcloln~ and his removal argued that such trial without jury in the district court might from office if found guilty. None of the eminent counsel who de­ be deemed violative of the seventh amendment of the Constitu­ fended President Johnson on his impeachment trial asserted that by tion, which states that in suits at common law the right of law be was incapable of doing wrong, or that, if done, it could not, trial by jury shall be presened. Of course, suits made pos­ as in the case of the king, be imputed to him, but must be laid to the sible by this bill are not suits at common law in the first place, charge of the ministers who advised him. and when the Government accords a right of action it bas the It is to be observed that the English· maxim does not dPclnre that power to circumscrihe that right with any condition. It was the Government, or those who auminister it, can do no wrong; for it held in the case of McElrath v. United States (102 U. S. 440) is a part of the principle itself that wrong may be done by the govern· that when the Government permitted a claim or suit to be prose­ ing power, for which the ministry, for the time being, is helu respon­ cuted in the Court of Claims that was not to be deemed a sible ; and the ministers personally, like our President, may lle im­ suit at common law. See also the case of the Mountain Timber peached ; or, if the wrong amounts to a crime, they may be indicted Co. v. Washington (243 U. S. 219). In Schillinger v. United and tried at law for the ot'fense. States (155 U. S. lGG) the Supreme Court held that- We do not understand thnt either in reference to the Government the Go>ernment, in granting consent that suit be brought agninst of. the United States or of the several States, or of nny of their offi­ it, has absolute uiscretion to specify tbe contingencies in which the cers, the English maxim h!ls an existence in this counh'y. liability of the Government is submitted to the courts for judicial d£-termination, from which it is manifest that Congress can, as one The courts, however, have recognized the infusion of the of the contingencies, say there shall be no trial by jury. English doctrine in our law and have justified the State's im­ munity fr om suit on the ground of public policy. Sec Lang­ I also direct attention to U.S. v. Lee (106 U. S. 227), whereby ford v. United States, supra.) Professor Burgess, from whom it is stated that the sovereignty "may prescribe the terms anu the writer took courses in constitutional law at Columbia Uni­ conditions on which it con:-;ents to be sued. all(]. the manner in versity, comes to the conclusion that purely on the grounds of which the suit shall be conducted. (See Beers v. Arkansas, 20 expediency and general public policy "the State can do no How. 527,' 529. See also Nichols v. U. S., 7 Wall. 122, 126. wrong." See his book on Political Science and Constitutional See also other cases cited in the United States against Lee, lOG Law (18Dl), page 57. Yet the practice does not jibe with tho U. S. 227, supra.) theory because we permit States to be sued.. Tl!ere arc many A.s to the bill generally, It is most praiseworthy and should instances where one State sues another in the Federal Supreme pass without delay. We should put ourselves upon a par with Court. We also permit the United States to sue a State in tho many foreign governments which for mnny years have allowed United States Supreme Court. Furthermore, many State3 suits in tort by its subjects to be brought against these govern­ make a distinction between corporate and government functions ments. Only Anglo-Saxon countries have been derelict in this of a city or municipality and allow the city or municipality to regard. It is unfair that we allow the individual no redress be sued where its employees or agents have been negligent in against the negligent, unlawful, arbitrary, and capricious ad­ the discharge of purely "corporate" functionR. For exnmple, ministration of the State's functions. It is unfair to let the suit can be brought against New York City for the negligence individual bear his burdens in this regard without help from or torts of the employees of the street-cleaning department be­ the goYernment that injured him. The State and Federal Gov­ cause that is deemed a corporate function. But suit can not be ernments are daily inserting themselves, more and more, into brourrbt for the negligent acts of a policeman or fireman be­ the affairs of the individual. The danger, therefore, to the indi­ cans: they discharge purely goYernmcntal functions. I admit vidual by negligent and perverse action of Government officials that these distinctions nre worthless and silly. Such incon­ becomes all the greater. All the more need., therefore, is there sistencies and many others which I could point out, if time and for governmental responsibility for such tort. The Government space wollld permit, only empllasize that there is always a should not go unwhipped of justice. It seems anomalous that in straining by State governments to give the right to the indi­ Great Britain and in the United. States, where the indiYidual vidual to sue, but that straining is always coupled with a fear is supposed to have the greatest amount of political freedom that the State might go too fnr. The result has been a mnss and the greatest amount of jndividual right, there is no re­ of inconsistencies in our law; inconsistencies that obtain in dress for the individual when he is wronged by the Govern­ almost e\ery State, as well as in the Federal Government. ment. That seems a denial of our prided liberty and personal Prof. Edwin 1\I. Borchard, Yale University, in his Govern­ prerogatives. Continental countries, however, where there can ment Liability in Tort, part 1, page D, very aptly shows the be no such boast of individual rights, have long since recog­ perversity of our State courts in adhering to the worn-out nized government liability in tort. These European countries, maxim, "The King can do no wrong," at the same time f:-\hows ruled by kings, redress the wrongs of their subjects as the re­ that the legislatures are trying to get away from the maxim : sult of misfeasance or malfeasance of their agents and officers, yet the United State Republic has always refused remedy in So strongly intrencbcu in the jut11cial mind is the principle of such cases and has stubbornly adhered to the fiction that " the immunity in tort that legislative consent to suit, though granted iu the Government can do no WTong." broadest language, has been deemed to exclude liability fol" tort. Thus, It was always the medieval Anglo-Saxon theory that "The unuer a Wnsllington statute providing that "any person "' "' • hav­ King can do no wrong." That fiction became so ingrained in ing any claim against the State of Washing-ton s"... w.n have the right English common law that when we became a 'Republic and took to begin an action against the State in the superior court," it wus hclu over the English common law we likewise embraced with ful­ tllat " claim" was synonymous with " c!luse of action," anu as there some devotion the fiction, "the King can do no wrong," but never bad been uny cause of action arising out of the torts of officers, changed it to "the sovereignty can do no wrong." the statute was construed merely to provide a remedy against the State 1926 - CONGRESSIONAL RECORD-HOTJSE 10{}33 by suit in existing causes of action, but not to create any new grounds you will excuse me from not giving you a more satisfactory answer, but of liability nor waive any former defense. In New York the court of I am right in the midst of very heavy judicial work. . appeals bas gone e>en further. lly section 2G4 of the Code of Civil As ever, Procedure ·the court of claims has jurisdiction " to hear and determine Sincerely yours, o. private claim against the State, including a claim of. an executor or WM. H. TAFT. administrator of a decedent who left him or bet· surviving a husband, wife, or ne~1: of kin, for damages for a wrongful act, neglect, or default SUrHE~IE COURT OF THE UNITED STATES, on the part of the State by which the decedent's death was caused Washington., D. a., January 11, 19!6. ana the State hereby eonsents, in all such claims, to have its Bon. ElloLWUEL CELLlllR, liability determined." Sc>eral courts had helu that this statute ex­ Honse of Rep1·eseutatit;es, ·washi·ngton, D. C. pressly permitted liability for a " wrongful act, neglect, or default" of D:rnAR MR. CELL:t;.R: I have your letter of the 8th instant, inclosing a an agent or officer of the State to be charged against the State. Not copy o:f. H. R. G71G, proposing to give a remcerelgn ernment undertakes a business operation, as it did, for example in Commonwealth, should, in eqnity and good conscience, discharge and the case of the Alasknn Railroad, I have always thought that it pay." This provision was likewise held not to enlarge the liability of should be responsible precisely as a private operator would be. llut the State, but "simply provides a remeuy by which claims may be where the Government is discharging its normal governmental functions, heard, and this court has no power to make an award in any case I should think that to make it liable for the negligence or wrongful unless the facts show a legal or equitable claim against the State." acts of any of its officers or employees would be to take a step of rather Wbile torts of officers have not been held to create a legal or equitable doubtful wisdom. claim, the court has in a considerable number of. cases recommended Very slncet·ely, to the legislature an appropriation as a matter of "social justice." GEO. SUTITERLAND. It is interesting to note · that the States of California and Wisconsin allow compensation for the individual up to $5,000 UNITED STATES DISTRICT COURT, 1\'etc York, Janum·y !3, 1926. in the ~ase of errors in the administration of criminal law. 'This· is on the theory that the State, in pursuit of its public Ron. EMANUEL CELLER, functions, sllould be responsible fot· the errors and misfeasance IIouse of Rept·escntatives, Washington, D. a. and malfeasance of its officers who take away the liberty of MY DEAR Co~GHESSMA~ CELLEn: Your letter o:f. January 8, inclosing the private individual in the supposed interest of the public. a copy of H. R. G716, now pending before the Committee on Claims In It is interesting, in this connection, to note that similar stat­ the House, has been received. · _ utes are in force in France, Germany, Norway, Sweden, Den­ I appreciate your thought of me in asking what I think of this pro­ mark;' Austria, Spain, Portugal, and Switzerland. See Senate posed measure. I have gone over the bill, and, while I have not given Document 974, Sixty-second Congress, third 8ession, which con­ it enough thought to pass judgment upon the mechanics provided for tains an editorial by Dean Wigmore, of Nortllwestern Uni­ the assertion anu proof of claims against the Government, I am in versity School of La 'rY, and an article by Professor Borchard much sympathy with the purpose anu object or the proposed legisla­ on " European systems of State indemnity for errors of crimi· tion. It seems to me that the country has been very slow to recognize nal justice." the justice of claims that may l.Je made against it for its wrongs or Tbe United. States has, nevertheless, allowed itself to be that of its officers and ag ~ n ts acting within the scope of their author· sued many times. We ha>e allowed contract claims to be re­ ity. Is it not remarkable how slowly it is that a civilized and pro­ covered. in the Court of Claims since 18G5. England for cen­ gressive country gets away from the so-called divine right that hedges turies has allowed '''hat is known as the "petition of right," about a sovereign? I am in favor of increasing the speed with which but this has ner-er been construed. to co>er torts. Our Court we wi.l get away from the idea that the ·L nited States is not liable to of Claims has from time to time had its jurisdiction widened persons who suffer as a result of. its wrongs. In the last few years to include many classes of cases. December 28, 1922, we passed I have had occasion to do a great deal of reading relative to the a Federal tort claims act, Public Act 375, Sixty-seventh Con­ immunity of a sovereign power from suit at the instance of one of gress, which allowed. tort claims to be settled by the lleads its citizens, and it is with a sense of satisfaction that I see such of departments np to $1,000. We have also allowed the Secre­ legislation as 1\Ir. UNDERHILL's bill and a slight tendency upon the part tary of the Navy to settle claims for damages to private prop­ of some courts to bring the question of governmental liability up to erty arising from collisions with naval vessels. This act was date. avproved December 28, 1922, and permits settlement up to With my kind regards, I am, $3,000. March 3, 1925, we approved the act authorizing suits Sincerely yours, against the United States in admiralty for damages caused J~o. c. KNox. lJy the salvage senices rendered to public vessels belonging The Committee on Claims, to which all private relief bills to the United States. Tllus we have, by innumerable provi­ are referred., is a part of a very wretched., cumbersome, and siom;, allowed the Government to be sued on claims pending in mu;atisfactory system of affording remedy to those persons pos­ tort against it to be settled and paiernment. extends the practice·. If an innocent child is run down lJy a mail truck and is A number of our Federal justices have written me concern­ crippled for life, with an amputated leg as a result of the negli­ ing the bill, and I am vleased to submit communications from gence of the driver, then surely the sovereignty, the Govern­ Chief Justice Taft, Associate Jus tice Sutherland, as well us ment, through its truck driver has really done a grier-ous United States District Court Justice Knox, Southern District wrong. of New York. In the case of a private employee suit may be instituted in a SuPREME CouRT oF THE uNITED STA'rEs, court and damages recovereounty, pay, or allowances shall be ring rights, priYileges, or benefits upon honorably discharged soWicrs, held as accrued p.rior to the paRSage of this act. John Clat·k, late of Company D, Fifteenth Regiment Iowa Volunteer The bill was ordered to be engrossed and read a third time, Infantry, shall hereafte1· be held and considered to have been dis­ was read the third time, and passed. · charged honorably from the military service of the United States as A motion to recon .~ ider tbe vote whereby tbe bill was a member oi' said company and regiment on the 1st day of January, passed was laid on the taiJie. 1863: Prot•ided, 'l'hat no pension shall accrue prior to the passage of this act. JOHN HEBNEB The next business on the Private Calendar was tbe bill l\Ir. BLACK of Texas. Mr. Speaker, I offer the following amenclment, which I send to the desk. (H. R. 10489) to perfect the home~tead entry of John Hebnes~ 'l'he SPEAKER. The gentleman from Texas offers an amend­ The Clerk read the title to tlle bill. ment, which the Clerk will report. Tbe SPEAKER. Is there objection 7 There was no objection. The Clerk read as follows : The Clerk read the bill, as follows: Amenument by Mr. BLACK of Texas: Strike out the proviso on page 1, lines 9 and 10, and insert in lieu tllereot the following: Be it eJwcted~ etc., That tlle additional entry under the stock­ "Pro1·ided, '.rhat no back pay, peusion, or bounty sllall be held to raising homestead act of DecPmber 29, 1016 (39 Stat. L. p. 8G2). made have accrued prior to the pa:;;sage of this act." by John llebnes, on March 3, 19::?5, for east half of east half of sec­ tion 22, township 7 north, range 9 east, Montana principal meridian, The SPEAKER. The question is on agreeing to the amend­ Montana, may be perfectcu without residence upon the land embraced ment. in said entry or upon the land embraced in said Hebnes's original The amendment was agreed to. homestead entry: Provided, That the final proof show that enb·yman 'l'be bill as amended was ordered to be engros::;ed and rend owned and occupied the land embraced in his original entry at the date a third time, was read the thircl time-. and passed. the additional entry was allowed. A motion to reconsider the vote by which the- bill was paRRcd With the foiiowing committee amendment: was laid on the ta!Jle. Line 7, strike out all after the word "Montana" analry, shall here­ gentleman from Illinois [Mr. WHEELER]. This is one of the after be held and c<>nsidered to have been dlscl.Jarged honorably from few cases of this character wbere there appears in the r ep<:> rt the military service of the United States as a private of that organiza­ of the committee no report whateYcr from the War Depnrt­ tion on the 27th day of August, 18G4 ~ Provided, That no bounty, lJack ment. Was there an adverse report uy the War Department? pay, pension, or allowance shall be helu to have accrued prior to tbe 1\lr. WHEELER. Tllere was not, so far as I know. passage of this act. l\lr. BLANTON. I know tbat in every one of a number of The bill was ordered to be engrossed and read a third time, b1lls which the gentleman himself has reported from the com­ was read the third time, and pas··ed. mittee there has been a rcpo1t from The Adjutant General on A motion to reconsider the Yote whereby the bill was passed the case, but in this report of the ~ommittee there is no report \\'11S laid on the table. whatever from the " 7 ar Department. CONGRESS! ON AL RECORD-IIOUSE 10037

-1\Ir. WHEELER. There was no 1·eport from the \Var De- 1 Mr. UND:F;lRHILL. But doeR not the gentlemau thiuk it is 11artment on tlli~ ca~e at all. a very good policy that this House llus adopted to insh;t that l\Ir. BLANTON. WI1y was it not submitted to the War De- the words wblcb he bas quoted l.>e placed upon eYery l.>ill. lilll'tment? Tlle only evidence whatever that is presented in 1\Ir. BLANTON. I am glad to know that tlle fimmcial policy this committee report is tlle ex parte affidavit of the man him- of the President tal{es into consideration so small an item as . ·elf. this uill. :;\lr. WHEELER. It 'vas reported out by a sul.>committee. Mr. UNDEHHILL. Many a miekle makes a mlH.:l~le. l\ir. BLANTON. I did uot object, out I thiuk it a little l\fr. W A.INWH.IGHT. Mr. Speaker, will tlle geutleman yield? strange tllat tlle two gentlemen who are watching tllese bills Mr. BLANTON. Yes. arc letting l.>ills of this cllaracter go l.>y unobjectc·1 to. Mr. WAINWRIGHT. I think in view of what the gentleman Mr. WHEELER. Tllere were so many of these private bi1ls has f'aid that I ought to say that tllis is not a peu. iou bill at all. that the subeommittee was sulldivlded into other committees. Mr. BLANTON. Wait a minute, let us f'ec. 1\Ir. BLANTON. There ought to be u report from the \-Var Mr. WAIN\VRIGHT. I am not ~ielding. Department on every bill of this <.:baracter. 1\lr. BLANTON. But I llave the floor; the geutleman un- Mr. WHEELER. I do not lmow who it was that made the fortunately has to yield to me. report to the subcommittee on this particular bill. Mr. WAINWHIGHT. I assumed the gentleman has yiehlcd Mr. BLANTON. It was the gentleman himself. tile floor and the Speaker had rc<.:ognized me. 1\lr. WHEJ;JLER. I do not think so. Mr. BLANTON. No; I yielded for a que::;tiou. l\lr. BLANTON. Yes; the gentleman filed the committee 1\Ir. CAHTEH of Oldahoma. Mr. Speaker, I ask for the report-- re~;ulnr order. . l\1r. BLANTON. The regular order is this, Mr. Speal;:er, that Mr. WHEF:LER, from the Committee on Military Affairs, submitted tile amendmeut says, "No back pay or allowance shall he hel(l the following report. to have accrued prior to th.e passage of this act," aml l.>ack vay 1\ir. WHEELER. It might have been given to me to make and allowance in a case of this kind bas the ~ame status and the report, but I do not know to whom the bill was originally standing as a vension, exactly. referred. I wcnt oYer all of the bills referred to me Yery care­ 1\fr. WAINWRIGHT. Will the gentleman yield? fully. Mr. BLANTON. I withdraw my objection. 1\Ir. BLANTON. Of course, we Ilave passed the objection The SPEA.KER. Is there objection'! [After a }lanse.] The vuiut. Chair bears none. The Chair is informed a similar Senate bill The SPEAKER. The question is on the engrossment and is on the calendar, and without ol.>jection tllC Senate bill will third r(?ading of the bill. be considered iJ\ lieu of the Hou~e bill. [After a pause.] 'l'he The bill Yras ordered to be engrossed and read a third time, Chair hears no objection. The Clerk will report the Senafe bill. was read tlle third time, a11d passed. The Clerk read as follow. : A motion to reconsider the vote by wbicb the bill was An act ~S. 3330) for tbe relief of Tl10mas G. Peyton pa:-;sed was laid on the ta!Jle. Be it e11actcd, etc., 'That for nil the purposes of computin~ pay the JAMES n. DICKSON nppointmen t of Thomas G. Peyton on September 20, J !)13, to the Unitce read the third tirue, wus read the 1\lr. l.H .. ACK of Texas. Mr. Speaker, I object. third time, and passed. A. motion to re<.:onsider the vote by which the bill was passeu TIIOMAS G. PEYTON was laid on the table. 'l'he ne.·t business on the Pri,·atc Calendar was the bill A similar House l.>ill was ordered to lie on tbe table. (H. R 84:4:1) for the relief of Thomas G. Peyton. . TTIOMAS DURNFOHD The Clerk read the title of the bill. The SPBAKER. Is there objection to the present considera­ The uext busbies:; on the Private Calendar was the bill (H. R. tion of tile bill? 848fl) to relinqui:-;h the title of the United ~tates to the land in 1\ir. BLANTON. 1\ir. Speaker, I reserve the right to object. the claim of Thomas Durnford, situate in the county ,of Bald­ There is a report from the Secretary of War wherein be says win, State of Alabama. that the Director of the Bm·cau of the Budget has been con­ The Clerk read the title of the bill. , ulted and adYiscs that the proposed legislation is in conflict The SPEAKER. Is there objectiou to the present conHidera­ with the financial program of the President, but that if amend­ tion of the bill? [Afte1· a pause.] The Chair hears none. ments proYide that no llack pay, allowances, or emoluments The Clerk read as follows : shall become due because of the passage of such legislation it Be it enacted, etc., That all the right, title, and interest of the would not be in conflict with the President's financial program. united States in and to section 42, all in township 5 south, range 2 caRt Is a little pension for a few years back of such importance of St. Stephens meridian, ·Baldwin County, Ala., containing 20:!.6:5 that it is in conflict with the financial program of tbe Presi­ acres, as silown on a plat of survey ·made b)· James Dowell, deputy dent? surveyor, approveu on February 25, 18:W, by William Brown, principal claim Ur. U~DERHILL. I would say that it is of vast conse­ deputy surveyor of public lands, and Regregateigns for­ come under the objection. ever, as fully and compl('tely, in every respect whatever, as could be 1\lr. BLANTON. This was the peculiar attitude that I found uone by patents issueu according to law: Pt·ot:ided, That tbi~:~ act shall the department in. amount only to a relinqui.· hment of any title that the Unite(] States Mr. WAIN\YH.IGHT. Mr. Speaker, will the gentleman yield? has, or is supposed to have, in and to any of said lands, aud shall not Mr. BLANTON. Just a moment. I want to answer tlle be constructed to abriug<', impair, injure, prejudice, or divest in any gentleman •vbo is the cbairmau of the committee. manner any valid right, title, or interest of any IJcrson or botly cor­ 1\lr. UNDEUHILL. Not of this committee. porate whatever; the true intent of this act being to conccclc and 1\ir. BLANTON. No; llut he is chairman of the big Claims abandon all right, title, anu interest of the United States to those Committee. If tbis man is entitled to have the \Var Depart­ persons, estates, firms, or corporations who would be the cquitallle ment, t11rough act of Congress, correct his military record so owners of snitatc of the United Stales. Mr. UNDEH.HILL. ~ot necessarily. 1\Ir. ?t~cDUii'FIE. Mr. Speaker, ·r Hotice that in line 8, 1\lr. BLANTON. But whatever the cause, wherever tbc War page 2, mstead of the word "con:-:trnctccl," it should be "ton­ De]Jurtmcnt comes in and says, "We pay nothing, we can not strued," and I ask that that <.:lumge be ma(le. correct it, we leave it up to Congres::;," that is where we pa::;s Tbe SPEAKER Without oi.Jjectiou, the change will be made. llills with u<:h an ameudment as the geutleman mentions, There was no objection.

L~VII-G32 10038 CONGRESSIONAL RECORD-HOUSE MA_y 25 The bill was ordered to be e)1grossed and read a third time, The SPEAKER. Is there objection to the present consi

DEVISEES OF WILLI.A~I RUSCII, DECEASED Commission shall be, and it is hereby, authorized to extend to L. J. Houghtaling, who suffered injuries on or about June 8, 1!)13, while The next bu.·iness on the Pri>ate Calendar was the bill in the employ of the united States Forest Service, the application of ( S. Hl20) for the r elief of the devisees of William Rusch, the prorisions of an act entitled "An act to provide compensation for deceased. employees of the United States suffering injuries while in the per­ The Clerk read the title of the hill. formance of their duties, and for other purposes," approved September The SPEAKER Is there objection to the present considera­ 7, 1V1G, compensation to be provided hereunder as if the provhdons tion of the bill? [After a pause.] The Chair hears none. of the act approved September 7, 1016, had been operative on the date The Clerk will report the bill. the injuries occurred. 'l'he Clerk read as follows : The bill was ordered to be engrossed and read a third time, Be it enao.ted, eto., That the Secretary of the Interior be, and he is was read the third time, aud pas~:;ed. hereur, authorized and directed to isRue a patent conveying all the A motion to reconsider the vote by which the bill was passed right, title, and Interest of the United States to the east half of the was laid on the table. northeast quarter, and the nortlleast quarter of the southeast quarter of section 6, township 13 north, range V eRSt fourth principal meridian, JOHN T. WILSO~ in Columbia County, Wis., to William llusch, upon payment in his Mr. BLANTON. 1\lr. Speaker, my colleague from AlaiJama behalf to the United States of the sum of $1.25 per acre therefor. has called my attention to the facts, which cause me to witll­ The bill was ordered to be read a third· time, was read the draw lilY objection to the last bill that was reported. He third time, and passed. assures me that it is a meritorious claim. A motion to reconsider the -vote by which the hill was passed Mr. BLACK of Texas. l\fr. Speaker, I shall be compelled to was laid on the table. renew the objection. I will state with perfect frankness that I did not think the Private Calendar was coming up to-day, GEORGE W. KELLY and this is one claim about which I wanted to make some in­ The next business on the Pri-vate Calendar was the bill >estigation. It may be when I have made that investigation I (H. R. 6422) to correct the military r ecord of George ,V. shall make no objection al all. Kelly. · Mr. UNDERHILL. Mr. Speaker, will the gentleman yield? The·Clerk r ead the title of the bill. Mr. BLACK of Texas. Yes. The SPEAKER Is there objection to the present considera­ 1\-ir. UNDERHII.. L. I hav·e no objection to the matter going tion of the bill? [After a pause.] The Chair hears none. over on the request of the gentleman from Texas. :My action The Clerk will report the bill. · in not signing the r eport was not influenced by any ill orr dc­ Infantry, shall hereafter be bold and' considered to ha1'e been dis­ pentlent relativPs, George Patterson, formerly a prh-ate of Company H, cilargeu honorably ft·om the military service of the United States as Eleventh Regiment New York Volunteer Cavalry, fi!ball hereafter be a private of that ot·ganization on the 19th day of May, 1865 : Pro­ held and considered to ltave been discharged honorably from the mili­ t,illcd., That no back pay, pension, or bounty shall be held to have tary service of the United States as a member of said company and accrued prior to tlle passage of this act." regiment on the 4th day of Aprll, 18G3: Provided, That no bounty, The SPEAKER The question is on agreeing to the co~­ baclc pay, pension, or allowance shall be held to have accrued prior to mittce amondment. the pasl'lage of this net." 'l'he committee amendment was agreed to. The SPEAKER. The question is on agreeing to the ameuu­ The SPEAKER The question is on the engrossment and ment. third reading of the bill as amended. The amendment was agreed to. The bill as amended was ordered to be engrossed and rend The SPEAKER The question is on the third reading of the a third time, was read the third time, anti passed. Senate bill. Amend the title so as to read: "A bill for the relLf of E . D. The Senate bill was ordered to be read a third time, was l\1acready." read the third time, and passed. A motion to reconsider the vote whereby the bill was passed A motion to reconsider the vote whereby the bill was passed was laid on the table. was ordereti to be laid on the table. JOliN JAKES Mr. AREN'l'Z. Mr. Speaker, on behalf of the gentleman The next business on the Private Calendar was the bill from Maryland [1\ir. HrLL] I ask unanimous consent filat he (H. R. 830) for the relief of John Jakes. may be permitten to extend his remarks on Senate bill 1895. The title of the bill was read. The SPEAKER pro tempore. The gentleman from Nevad that his regiment bad move(! to Daruestown, l\Id., to necessary detail required in the issuance of the discharge papers, which which place be walked, ane engrossed and read a third time, He served in Cuha throughout the 'var, and after the emer­ was read the third time, and passed. gency had ceased lle was returned to the States and was at A motion to reconsider the vote whereby the bill was passed ·Montauk Point with malarial fever and dysentery. He went was laid on the table. lwme for better medical treatment, as he thought. I would WILLIA1I M. MURPHY like to assure the gentleman that Mr. Pelfrey is a man of The next business on the Private Calendar ~as the bill (H. R. high Rtanding in his commmtity. The record will disclose that 7228) coa.Tecting the military record of William M. l\:furphy. he made an excellent soldier while the national emergency The Clerk read the title of the bill. exi ted aud that be has lived an upright life as a citizen since The SPEAKER. Is there objection to the present considera­ this hUllPE:>ned. This fact is established in the record in the tion of the bill? affidavit of l\1r. Levi Arthur, circuit clerk, Boyd County, Ky., Mr. BEEDY. I object, 1\fr. Speaker. . a most lwnored and respected geutleman. I certainly hope the gentleman will witlldraw his objection. TURPIN G. HOVAS Mr . .ARENTZ. There was no intention on this man's part The next busineRs on the PriYate Calendar was the bill (H. R. to separate himself from the service whatsoever? 8941) for the relief of Turpin G. Hovas. Mr. YINSON of Kentucky. I could not say that. The Clerk r end the title of the bill. ID. · ARlGNTZ. He je<:tion to the present considera­ of the Unitcu Stntcs us a private of tbat organization on the 26tb day tion of the bill'? of September, 1 '"'U8: Provided, That no bounty, back pay, pension, or 1\ir. BEEDY. I object, 1\ir. Speaker. allowance shall be held to have accrued pl'ior to the passage of this act. MYRON J. CO!'IWAY AND OTHERS The bill was ordered to he engrossed and r ead a third time, The next b11siness on the Private Calendar was the bill -was read the third time, and pas::;ed. (H. R. 10078) for the relief of Myron J. Conway, Frank W. .A motion to reconsider the vote 'vllercby the bill was passed Halsey, and others. · was laid on the table. The Clerk rend the title of the bill. Tlle SPEAKER Is there objection to the present considera- PRIVATE 0ALENDAR tion of tlie bill? SEYMOUR BUOl

The bill was ordered to be engrossed and read a third time, R. CLYDE DENNETT was read the third time, and passed. A motion to reconsider the vote whereby the bill was passed The next business on the Private Calendar was the bill was laid on the table. ( S. 1059) for the relief of R. Clyde Bennett. The Clerk read the title of the bill. KELLY SPRINGFIELD MOTOR TRUCK CO. The SPEAKER. Is there objection to the present considera­ tion of the bill? The next business on the Private Calendar was the bill Mr. ARENTZ. ReserYing the right to object, 1\lr. Speaker, (H. U. 1105) for the 1·elief of the Kelly Springfield Motor I would like to ask the gentleman a question. I do not find Truck Co., of California. anywhere in the record any report of a physician subsequent The Clerk read the title of the bill. to 1917. \Vhat is the condition of this man now after these The ~PEAKER. Is there objection to the present considera- years? tion of the bill? · Mr. BACHMANN. His arm is absolutely paralyzed. I might There was no objection. say to the gentleman that the Committee on War Claims sent Tile Clerk read the bill, as follows : for Bennett to come before the committee. and he came here Be it cnactctl, etc., That the Secretary of the Treasury be, and be is in person and was examined by the members of the committee, hereby, authorized and directed to pay, out of any money in the Treas­ although the report of the committee does not show that fact. ury not otherwi e appropriated, to the Kelly Springfield Motor Truck Mr. ARENTZ. No; the report does not show that. The gen­ Co., of Califomia, J. L. Stone, president, the sum of---, as full com­ tleman has seen this mun and knows that he is now in this penRntion for supplies furnished to the camp quartermaster at Camp conrl.ition "! Kearney, ~lay 17, 1018, and receipted for May 20, 1018, being a delivery l\fr. BACHMANN. That is true. I was there myself, and under emergency request. I know that this man has absolutely no use of that arm With the following committee amendment: whatever. Mr. ARENTZ. I withdraw my objection. P age 1, line 7, after the word "of," insert tbe figures "$434.45." Mr. BLANTON. I renew the objection for the purpose of The committee amendment was agreed to. asking a question or two. Is this man permamently disabled? The bill was ordered to be engrossed and read a third time, Mr. BACHMANN. He is permanently injured; yes. He has wa:; read the third time, and passed. no use of that arm at all. A motion to rejection to it. I of $300, which amount was based upon a report of nn investigator to as.k unanimous consent to return to S. 3077. the effect that the car could be repnired for $250. However, upon re­ The SPEAKER. The gentleman from Alabama nsks unani­ view by second bonrd of officers which obtained estimates as to the mous consent to return to Calendar No. 296 [S. 3077]. Is amount of damages to the car anu also considered the damnge to tbe there objection? clothing of passengers in the Schmidt cur, it wn;; recommended that Mr. BLACK of Texas. Mr. Speaker, reserving the right to the ·amount of $1,317.37 be allowed. Complete proceedings or both object, I wish to make this statement: When the bill \\·as boards are inclosed. called on the calendar I did. object, because I had not had time to carefully reams galore not only part of the Veterans' Bureau. from Members of Congre~s but from members of the com­ l\Ir. BLANTON. Anti the claimant lost $40,000. mittee, that our reports are)too voluminous. Mr. BLACK of Texas. Well, to be perfectly frank, I think Mr. BLACK of Texas. ' 1\lr. Speaker, I do not think that the claimant was well pa.id for the time the premises were criticism would hol. The Clerk read the bill, as follows: With the following committee amenument: Re it enacted, etc., That the Secretary of the Treasury be, and. he is Line 5, after the word "appropriate," insert "and in full settle­ hereby, authorized to pay, out of any moneys in the 'l'reasury not ment against the Government." othCl'wise appropriated, to John T. Wilson the sum of $12,153 in full settlement for d.amagc suffered by him on account of the fallure of The amendment was agreed to, and the bill as amended was the United States Government to pay him rent in accordance with the ordered to be engrossed and read a third time, was r eau the understanding between him and the Government. third time, and passed. The bill was ordered to be 1·ead a third time, was read the 1 A motion to reconsider the vote by which the bill wns thiru time, and passed. passed was laid O!! the table. MAY 25 ( 10044 CONGRESSION _A_ L REOORD-IIOUSE (

BARGE" M'ILVAI~E NO. 1" The Clerk r ead the title of the bill. The next business on the Private Calendar was the bill The SPEAKER. Is there objection to the present considera­ (H. R. 10161) for the relief of the owners of the barge MolT,.. tion of the bill? vaine. Mr. BEEDY. 1\Ir. Speaker, I object unless the gentlemnn Tile Clerk read the title of the bill. from Tennessee [1\ir. McREYNOLDS] wishes me to reserve the Tile SPEAKER. Is there objection to tlle present con­ objection. sideration of the bill? Mr. McREYNOLDS. Mr. Speaker, I wish the gentleman There was no objection. would reserYe the objection. The Clerk read the bill, as follows : :Mr. BEEDY. Very well, Mr. Speaker, I reserve my objec­ tion. Be it enacted, etc., That the Secretary of the Tl'easury be, and he 1\Ir. McREYNOLDS. 1\Ir. Speaker, this is a claim filed. by is hereby, autllorlzed and directed to pay, out of any money in the the aember but no title has come to him because of that and his heir~ 11, 1!)18. are ont this amount. He could not get the 'title for three 'Yith the following committee amendment: re~sons! as shown. This bill provid)S th:::.t the heirs give a qu.It-clmm deed to the Government for whateYer r:ght they Line 5, after the word "appropriated," insert "and in full settle­ nught haYe. In the first place, the bank took a deed of trust ment against the Government." on this property and had this deed at the time of sale· in The committee amendment was agreed to, and the bill as the second place, it belonged to the husband antl wife jointly. amended was ordered to be engrossed and read a third time, and in the third place, the question of homestead right:-; arh;es: wns read the third time, and passed. It seems that certain real estate supposed. to be owned by A motion to reconsider the •ote by which the bill was passed Cunningham has been seized under war:-.::.nt of distraint issued was laid on the table. for the collection of taxes, because of some liquor dealing:.;. co::u:ruEnorAL uxroN .A.SSURAXCE co. (LTD.) ET AL. A forced. sale was had and tile property was sold. to G. "\>V. The next business on the PriYate Calenill Plumlee. The Secretary of the Treasury, Mr. Mellon, is in (S. lOS) for the relief of the Commercial Union Assurance s;rmpnt~y ~i~h this bill, according to his statement or report, Co. (Ltd.), the Automobile Insurance Co. of Hartford, Conn., Mr. Blmr, It IS true, says that he thinks the doctrin) of caveat American & l!..,oreign Int-:urance Co., Queen Insurance Co. of emptor should apply, but I think that is rather se-vere in a America, Fireman·~ Fund. Insurance Co., St. Paul Fire & ~Ia- case of this kind. I call the attention of the gentleman from rine Insurance Co., and the United States Merchants & Ship- Maine to the report of the Secretary of the Treasury in respect pers Insurance Co. to. tl1is matter. T.his bill has passed the Senate twice, and The Clerk read the title of the bill. j this. is the only t1me that I har-e had a chance to nave it The SP}JAKER. Is there objection to the present consiill objed, will the gentleman give us a brief explu11ation of this twice bemg a recom~enclatwn to me, I am always a little l>ill? suspicious of such thmgs. ~lr. U~DERHILL. :Mr. Speaker, in taking on mail at . cer- Mr.. McR~YNOLDS. ~ am;~recia!e the gcn.tlemnn's position, t..am stutwns the mnil pouch was thrown under the wheels of b.ccause I was on the Claims Committee of this Hou~e for some the train. It was grou11d into bits, and the suction caused by time,. but, I do not g? tha~ far. the rapid motion of the train scattered the contents along the It~. BEE"?Y. This Pnyate ~ale~dar l.'as ja~med on. me .to­ track for half or three-quarters of a mile. There is no doubt da~ · I ha' e not had. au opp~rtumty to inYesbgnte th1s w1th that these bonds and seeul'ities were destroyed. They neYer as. ~mch. care as I should llke, and. my present temporary hnve l;een presented for payment, and the usual bond which 0 PI~1on lS t.hnt under the statute and. the law the 1~urc~aser accompanies all of these cases has been filed by those in interest ought to abide by .w~at he took. Upo!l furt~er examrnat10n I for double the amount of the bonds in que,;;tion. may change my opmwn, b~t I ~ha ll obJect to It for the present. The ~:WEAKER. Is there objection? The SPEAKER. Ol>jectwn 1s heard. There was no objection. REIMBURSEMENT FOR PROPERTY DESTR01.'"ED IN BUI30NIO PLAGUE, The Clerk rend the bill, as follows: HAWAII IJc it enacted, etc., That the Secretary of the Treasury be, and he ts The next business on the Private Calendar was the bill ( S. hereby, autllorized and directed to redeem without interest 4¥.1 per cent 301V) to reimburse certain fire-insurance companies the amounts united Stutes Treasury certificates of indebtedness ~o. 8981 in the paid by them for property degtroyed by fil'e in ~u11pressing the denomination of $10,000, and No. 8483 in the denomination of $5,000, bubonic plague in the Territory of Hawaii in the years 189V series V-A, dated December 5, 1018, matureu May 6, 1919, payable to and 1!100. bearer without presentation of the said certiti.Ctlte of indebteuness, The Clerk rend the title of the bill. which have been lost, stolen, or destroyed ; and to pay from the pro- The SPEAKER. Is there objection to the present consider- cecus of such redemption to the following companies the respectiYe ation of the hill? sums set after their names: Commercial union Assurance Co. (Ltd.), 1\Ir. SCHA.l!'.ER. Mr. Speaker, I reserve the right to object. $3,000; the Automobile Insurance Co., of Hartford, Conn., $3,000; 1\lr. BEEDY. I object. American & Foreign Immrance Co., $2,230; Queen Insurance Co. of 1\lr. UNDERHILL. 1\lr. Speaker, will the gentleman reserve America, $2,2()0; Fireman's Fund Insurance Co., $2,100 ; St. Paul his objection? Fire & Marine Insurance Co., $600; and United States Merchants & 1\Ir. BEEDY. Certainly. Shippers Insurance Co., $1,800; a total sum of $15,000: Provided, That Mr. UNDEH.HILL. I would follow my usual 11rocedure in tbe said certificates of indebtedness shall not have been previously pre- this case and allow the objection to stand. without saying any­ Hcnted for payment : .And pro'l:idcd further, That the .said Commercial thing if it were not for the following facts: This bill has been Union Assurance Co. (Ltd.), the Automobile Insurance Co., of Hart- l>efore fi-re different Congresses. It h~s heen passed. at various ford, Conn., American & l!'oreign Insurance Co., Queen In.surance Co. times without objection in the Senate and. at other times in the of America, Fireman's Fund Insurance Co., St. raul Fire & ~Iarine House, but never in any one single Congress has it been fortu­ Iusurance Co., anu United States Merchants & Shippers Insurance Co. nate enough to get by the jam anQ. pnss both branches of shall first file in the Treasury Department of the United States a bond Congress. iu the penal sum of double the amount of the principal of salu certift- I referred to this bill here or to this fact in a rccc11t speech cates of indebtedness in such form and with such sureties as may be which I made upon the way and. manner in which Congress acceptable to the Secretary of the Treasury to indemnify and save dealt with these cases. The House has found on two or three hnrmless the United States from any loss on account of the lost, stolen, occasions that the bill is eminently fair, just, and equitable. or destroyed certificates of indebtedness hereinbefore described. '.rhe Senate has found on other occasions that the bill is just, The bill was ordered to be read a third time, was read. tho fair, and equitable, and yet it hns not passed both llouses of third time and passed. · Congress in any one year. These people have been deprived of A motion to reconsider the \ote by which the bill was passed their just due of money whicll the United. States owes them for was laid the table. a period runnlng over 10 years. It is not right or fair, and I 011 hope the gentleman will withdraw his objection, not because JOHN PLUMLEE it is for tlle l>enetlt of a corporation or insurance company, but The next business on the Private Calendar was the bUl because it is justice, and the United States ought to pay its ( ·.;, 1341) for the relief of John Plumlee, administrator of the debts, whether it owes it to an insurance company, a great e::;tate of SJ. W. Plumlee, deceased. CO!'poration, or poor i~dividuals. It has been the effort of the / 1926 CONGRESSIONAL RECORD-HOUSE 10045. Committee on Claims and the chairman of that committee to priated, for tbe payment to H elene :M. Hubrich for hospitalization of make the reports along the lines of eq·uity and justice, irrespec­ Elmer 1\1. 1\Iurname. tive of \vhoever may have introduced the bill or might be the The committee amendment was read, as follows: claimant. Mr. BEEDY. l\Ir. Speaker, I will say to the gentleman it Strile engrossed and read a third tlme, was r ead the third time, and passed. (H. R. 1330) for the relief of Helene M. Hubrich. The Clerk read the title of the bill. A motion to reconsider the vote whereby the bill was passed The SPEAKER pro tempore. Is there objection to tbe pres- was ordered to be laid on· the table. ent consideration of the hill? · The SPEAKER pro tempore. The Clerk will report the next l\fr. STEPHENS. I· will ask that the bill be read, reserving bill. the ri~;ht to object. KATE T. RILEY The Clerk read as follows: The next business on the Private Calendar was the bill (H. R. Be it enactca, eto., That the sum of $546 be, and the same Is hereby, 3231) for the relief of Kate T. Riley. appropriated, out o! any money in the Treasury not otherwise appro- The title of the bill was read. I I 10046 CONGRESSIONAL RECORD-HOUSE 1\::!4. by the fact that the postmaster was delinquent in his accounts. The SPEAKER pro tempore. Is there objection to the pres­ Mr. STEPHENS. The postmaster was not delinquent in his ent consideration of the bill? accounts. 1\Ir. STEPHENS. I reserve the right to object. l\ir. BEEDY. Well, I do not know that of my personal Mr. McDUFFIE. 1\Ir. Speaker, I will say to the gentleman knowledge, but we have to take most of our knowledge in this from Ohio tllat this bill is one that addresses itself to the world from hearsay, and that is what the report says. humanity of Congress. The Post Office Department does not l\ir. S'l'EPI-IENS. Tbe report does not say that. recommend against it, and General Lord's action is in keeping Mr. BEEDY. It says they could not get him to make his with the President's Budget. This elderly lady has spent the quarterly reports, that he was short in his war-savings ac­ greater part of her life in the service. She has a most ­ counts, his stamp accounts, and that there were many other lent record. She has had to mortgage her home to pay this lapses. money that was lost through no fault on her part. I appre­ l\ir. STEPHENS. The g-entleman has the wrong case in ciate the position of the gentleman from Ohio. I know he has a mind. There was no such circumstance in this Cincinnati case. bill that was objected to. Tllere was no criticism of the postmaster, none wllatever. Mr. UNDERHILL. l\1r. Speaker, will the gentleman yield? l\ir. BEEDY. At any rafe, the cases arc not on a par. "'by Mr. :McDUFFHJ.· Yes. does not the gentleman-and he bas been here all the after­ Mr. UNDERHILL. Does the gentleman from Ohio think it noon-ask unanimous consent to return to that case if he wants is fair to the committee and to the House that a gentleman an opportunity to talk about it? who has been turned down on one proposition should interfere l\:Ir. STEPHENS. If I asked unanimous consent to return to with the business of the Congress and interfere with a com­ my case and have a hearing on it, the gentleman would obje<:t mittee that has shown him every courtesy and kindness by ob­ to it. jecting to bills on which the committee has spent weeks of time Mr. BEEDY. No; I would not. I am sure that every red­ in the preparation? blooded man here this afternoon would rather have the gentle­ · Mr. STEPHENS. I have not interfered with the work of man take up all the rest of the time to-day rather than deprive this poor woman of the money sh~ is entitled to. the gentleman's committee in the least. I ba ve not done a thing :Mr. STEPHENS. I will say this: The gentleman says I am here to interfere with or hinder the work of the committee. I not fair. will say that the Olaims Committee has performed its duty, Mr. BEEDY. I will not make that statement. and I have no words of criticism of the Claims Committee. Mr. STEPHENS. 1Yell, the gentleman intimated that I waH This bill is exactly like the bill I had put up in the case of not fair. the robbery of the Cincinnati post office. That bill was reported l\lr. BEEDY. Well, I think the gentleman's statements would out by your Claims Committee, and up to the present time I hardly justify the belief that these cases are similar. have not been able to get an opportunity to even explain fully Mr. STEPHENS. I will say to the gentleman that every step the merits and the conditions under which the robbery of one I have taken has been taken with the idea of being fair not of the clerks took place in the Cincinnati post office, and I am only to the House but to myself and to the bill I introduced. asking that all cases similar to mine be placed in the same When it was brought up on one of the days the Private Calen­ class until we can have a hearing on it. dar was being considered, I did not even get an opportunity to 1\ir. UNDERHILL. Mr. Speaker, will the gentleman yield explain it. to me right there? l\ir. BEEDY. Why does not the gentleman ask the right :Mr. STEPHENS. I yield. to return to it and not take the time of the committee in Mr. UNDERHILL. Does the gentleman realize what he is objecting to this bill? doing? He is establishing a precedent which he will find very Mr. SCHAFER. Will the gentleman yield for a short ques­ '.lifficult to deal with at another session of Congress should pe tion? see fit to introduce this same bill. If under his leadership and Mr. STEPHENS. I will yield. at his insistence the House takes unfavorable action on bills of l\:Ir. SCHA:h'ER. The gentleman was not trying to be unfair, this kind which the committee has reported on favorably, I can as I take it. But I agree that his bill, which was objectehed a bontl . ent considerntion of the bill? There is cviuence in this report that the clerk was negligent. Mr. BEEDY. Mr. Speaker, I ·reserve my right to object in This is a question that ought to be decidc:.!4. stated that the only thing that showed carele:::;sness is the report With tlle following committee amendments : !)y the inspectoa:, and he naturally reported there was some care­ In line 5, after the word "ar1propriate25 ; and that he be l'elievcd from further financial The next busiuess on the Pri>ate Calendar was the bill r L•Hponsiuility therefor. (H. H. 4G64) for the relief of Arthur H. Bagshaw. S EC. 2. That the Comptroller General of the United StatPs is hereby The Clerk read the title of the bill. autlJOrized and directed to allow credit in the accounts of ::\Iaj. Herbert 'l'he ~PEAKER pro tempore. I::; there ohjection? E. Pace, Finance Department, United States Army, in a sum equal to Mr. DLACK of Texas. 1\Ir. Speaker, reserving the right to the unrefun!?5. \\·hne the statements contained in the postmaster's letter and in The committee amendment was agreed to. the affidavits of the carrier Ull(l his physician would indicate that The bill ns amended was ordered to be engrossed and rend there is merit in the case, I find ruyselt' unable to r ecommend tl!e a third time, was rcaa the third time, and passerl. passage of the bill, as to do so would establish a precedent which A motion to reconsider the vote by which the bill was pal'sed would inevitauly result in applications to Congres::; for private legis­ was laid on the table. lation on brhalr of a large number of employees or their heirs who MADt:L BLAXCHE ROCKWELL were injured in the service prior to the enactment of the United States The next business on the Private Calendar was the bill employees' compensation act. (H. R. DOS!)) for the relief of 1\Iabel Blanche Rockwell. l\!1'. UNDERHILL. I think if the Postmaster General is The SPEAKER pro tempore. Is there objection? entirely correct the committee might have he ·ita ted in report­ There was no ob.1ectiou. ing the bill, but the Po-tmaster General was unaware of the The Clerk read the !Jill, as follows : fact that for n long time it has been the practice of the com­ Be it enacted, etc., That the Secretary of the Treasury be, nnd be mittee in mnuy instance. antedating the 1916 act, where it has is hereby, authorized ancl directed to pay, out of any monl.'y in the been conclusively shown that the employee who did not come Treasm·y of the United States not otherwise appropriated, to i\fabl.'l under the classification of the 1918 act, was given by the House Blanche Rockwell, of San Diego, Calif., the sum of $0,471.80, in full committee a year's salary in lieu of compensation for injury. settlement of her claim against the Government of the United States In this case we only g-ave the man what he asked for the for injuries s ustained and for reimbursement of expenses incurred as amount it cost him during the time he was laid up. It is a result of being negligently shot and serious injured on January 4, not a new policy; it has not established a new precedent. It is 1925, by a regularly enlisted soldier of tile United States Army then one that we have follov;·ed for fi>e years. and tllere on duty as a sentry at Fort Rosecrans, San Diego, Calif. Mr. BLACK of Texa . 1\Ir. Speaker, in view of the state­ ment the gentleman has made, I withdraw the objection. With the following committee amendment: The Clerk read the bill, as follows : In line 7, strike out the figures "$6,471.80" and insert in lieu 'Be it enacted, etc., That the Secretary of the Treasury be, and be therl.'of "$2,18!>.80." is hereby, authorizeu aud uirected to pay to Arthur H. Uagshaw, of The SPl'JAKEll. The qneKtion is on the committee amendment. Lowell, Uass., the sum of $268.80, out of any money in the Treasury Mr. SWING. Mr. Speaker, I am unwilling to let the com­ not otherwise appropriated, for loss of pay on account of injury sus­ mittee amendment pass without saying that the committee re­ tained while in the performance of his duty as a letter ~arrier at port while it does allow for reimbursement to Mrs. Hockwell of Lowell, Mass., in ~overuber, 1912. the actual money paid out by her for doctors, nurse::; , hospital, and incidental exvenscs, it docs not include anything- in the With the following committee amendment: way of compensation for her permanent injury. Here was this After the word " appropriated •· in line 6 add the following: " and woman who was in a place ,..-here she bad a perfect right to be, in full settlement against the Government." shot lJy a soldier who had no right to or excuse for shooting The bill as amended was ordered to be engrossed and read a her, and the result is shown by the affidavit of her doctor, third time, was read llie third time, and passed. which will !)e found on the last page of the report. A motion to reconsider the vote wllereby the bill was passed The doctor says : was laid on tlle table. Since she was sbot Mrs. Rockwell has lost more than 30 pounds in weight. Sbe still su!Iers pain at times and uoes · not sleep well. Her RUSSELL W. SIMPSON right sho.ulld to have accrued prior to ilie The SPEAKER pro tempore. Is there objection to tile pres- passage of this act." ent consideration of the lJill? There was no objection. 'l'he amendment was agreed to. The Clerk read the bill, as follows : The blll as amended was ordered to be engrossed and read a third time, was read the third time, and passed. Be it enacted, eto., That in the administration of the penston laws 1\fr. ARENTZ. 1\fr. Speaker, may I ask the gentleman from and the laws conferring rights and privileges upon honorably dischargeu Texas why this wording is not used in every case? soldier~. Alhcrt 0. Tucker, alias Charies M. Healey, late of Company D, A motion to reconsider the vote by which the bill was passed Fin;t Battalion :Maine Sharpshooters, shall be held and considered to was laid on the table. hnve been honorably discharged from the military service of the United ·ur. BLACK of Texas. I wish the committee that reports StatN; ns a mcmbP.r of said company and regiment from February 13, the lJill will do that, but I think in order to ~afeguaru the· 18Gu: Pt·orirlcd) '!'hat no penHion shall accrue prior to the passage of Government the language that I have offered ought to go into this act. every bill. Mr. BLACK of Texas. Mr. Speaker, I move to amend by Mr. ARENTZ. I think it ought to go into every bill of this striking out the pro\'iso at the ell(l of the bill and iuserting: nature, and it seems to me that the Committee on Military P1-ovidetl, That no bounty, back pay, pension, or allowance shall Affairs should see that it is put in. he held to have accrued prior to the passage of this act. 1\Ir. BLAOK of Texas. I hope we will in the future. The RPEAKER pro tempore. The gentleman from Texas .ANTIIONY SCIIARTZENBERGE.R ofl'erH an amendment which the Clerk will report. 'lhc ClCik read as follows : The next business on tl1e Private Calendar was tl1e bill (H. R. 3703) for the relief of Anthony Schartzenberger. Amendment by ~[r. BLACK of 'l'exas : Page 1, line 10, strike out The Olerk read the title of the bill. the proYiso and insert in lieu thereof: u Provitlcrl) That no back pay, The SPEAKER pro temp-ore. Is there objection to the pres­ pension, or bounty shall be hclu to haYe accrued prior to the passage ent consideration of the bill? of this act." Mr. BEEDY. I object. Tile amendment was a~reed to, and the bill as amended was · WILLIAM .A. HYNES orilcre20. The bill as amended was ordered to be engrossed and read The bill was ordered to be read a third time, was read the a third time, wus read the third time, and passed. third time, and passed. A motion to reconsider the -vote by which the bill was passed A motion to reconsider the vote by which the bill was passed was laid on the table. was laid on the table. WILLIAM E. JONES W. T. MURRAY The next business on the Private Calendar was the bill (H. R. 8961) for the relief of William E. Jones. The next business on the Private Calendar was the bill The Clerk read the title of the bill. (H. R. 7026) for the relief of W. T. Murray, administrator of The SPEAKER pro tempore. Is there objection? the estate of Florence l\1artin, deceased. Mr. BEEDY. Mr. Speaker, reserving the right to object, I The Clerk read the title of the bill. The SPEAKER pro tempore. Is there objection to the pres­ would like to ask the gentleman from Minnesota a question. ent consideration of the bill? [After a pause.] The Chair If this bill passes, what does this give to the representatives of the deceal>ed, anything in the way of insurance or bene­ hears none. "'ithout objection, the Clerk will report the Senate bill. fits- There was no objection. Mr. ANDRESEN. It only gives about $100 in wages due tho soldier at the time of his death. The Clerk read as follows : Mr. J}I'JEDY. Covering the period of his enlistment? An act (S. 3879) for the relief of W. T. Murray, administrator of the 1\fr. ANDRESEN. Yes. estate of F'lorence Martin, deceased Mr. BEEDY. That is all? Ba it enacted, eto., That the Secretary of tho Treasury be, and is Mr. ANDRESEN. Yes. hereby, authorized and directed to pay, out of any money in the Treas­ Mr. BEEDY. I have no objection. ury not otherwise avpropriated, in full settlement against the Govern­ The HPEAKER pro tempore. The Clerk will report the bill. ment, to W. T. Murray, administrator of the estate of Florence l\!artin, The Clerk read as follows : the sum of $u,OOO as compensation for the death of said Florence Be U enaoted, etc., 'l'hat ·william E. Jones, father of George E. Jones, Martin, caused by the reckless, careless, and unlawful operation of an In to sergeant of Company B, Second Regiment Uinnesota Volunteer In­ automoullo truck of the United Stutes Army, l\fr. UNDEllHII,J,. Yes. formPrly known as stC"nm:::hip Main) at the time llcreinafter mentioned, The SPE~~KER pro tempore. The Clerk will report the bill. against the United States of America for damages alleged to llave been The Clerk._ read as follows: causcu by colli::;ion between the said ve!!sel and the steamship Con­ Be it enacted) etc.) That tbe Secretary of the Treasur.y be, and he ls stantia) later known as steamslllp ilfaxiHto Oo1nez, on the 1Gth day of hereby, autl!orized and directed to pay, out o! any money in the Trellf;­ July, 1D1S, orr Sewclls Point, in Hampton noads, Va., may be sued for ury not otherwise appropriated, to Johanna B. Weinberg the snm of lJy the said owners of carg-o in tho District Court of tile Uniteu States $7,500 in full compensation for permanent injury to llcr left hlp on for the Southern District of Xew Yorlt, sitting as a comt of admiralty February 21, 1D24, caused by tlle revolving door (which hau been con­ and acting under the rules governing s11ch court, and said court shall demned) at the front entrance of the post office in Staunton, Va. llave jurisdiction to hear and determine said suits and to enter judg­ ·with committee amendments, as follows : ments or decr£'es for the amouuts of snch damages and costs, if any, as shall be found to be due against the United States in favor of suid Page 1, line 5, after the word "appropriated," insert the words owners of cargo, or against said owners o! cargo in favor of the United "and in full settlement against the Go,·crnment." And on line 7 Stntcs, upon the s11me principles anll measures of liability as in lil:e strike out "$7,500" and insert "$4,008.80." cases in admiralty between private parties and with the same rl:;hts or The SPEAKER pro tempore. The question is on agreeing to appeal: Provic!od) That such notices or said suits shnll be given to the the committee amendments. Attorney Geueral o! the Uuiteu States as may be pro>idcd by order o! The committee amendments were agreed to. the said court, n.nu it shall be the duty of the Attorney Gener·al to The SPEAKER pro tempore. The question is on the en­ canse the United States attorney in such district to appear nnd defend grossment and third reading of the bill as amended. for tlle United States: Prot''idct.l fttrthe1·) That said suits shall be 'The bill as nmt'nded was ordered to be engrossed and read brought and commenced within four months of the date of the pa~sa~e a third time, was read. the third time, and passecl. of thls act. A motion to reconsid.er the vote whereby the bill was passed The bill was ordcrocl to be rend a third. time, wns read the was ordered to be laid on the table. third time, and. rassed. The SPEAKER pro tempore. The Clerk will report the next A motion to re<.:onsidcr tho vote whereby the bill was passed bill. was laid on the table. RELIEF OF OWl\" EnS OF 0~00 ADO.d.RD THE LIGIITER "LIN WOOD " INTERNATIONAL CONFERENCE ON TRAFFIO IN HAD[T-FOTI~IINQ NAR­ The next bu~ine:;;:s on the Prh-ate Calendar was the bill COTIC DRCGS ( S. 511) for the relief of all owners of cargo laden aboard the The next business on the Private Calendar was the hill (H. R. li~htcr Litm'ooa at the time of ller collision with the U. S. S. 7G32) to proYide payment for services rendered. in preparation Absecon. for the international confen:ence on traftic in habit-forming nar­ The Clerk rend tlle title of the bill. <.:otic Tllat the claims of all owners of various ship­ The Clerk read the bill, as follows : ments of merchanJ1se which were lauen on board of the lighter Lil~· Be it enacted) otc.) '!'hat the Secretary of State lJe authorized to pay uood, at the time hereinafter mentioned, against the United States of from the appropriation " International conferences-traffic in hault- -- 1926 CONGRESSIONAL RECORD-HOUSE 1UU5:i forming drugs, 1!)25," the sum of $1,950 to Mrs. E. W. Wright for The Clerk read the bill, as follows : _scnlces rendered to the Department of State during the period from Be it enacted, etc., That the Secretary of the Interior be, and he is December 1, 1!):?3, to J"nne 15, 1924, in preparing and assembling data hereuy, authorized to issue patent upon the entry hereinafter nameti for the use of the American delegates to the international conferences upon which proof of compliance with law bas been filed, upon pnymeut on tlle traffic in habit-forming drugs. of all moneys due thereon: .Additional homestead entry Lewistown, The bill was oruered to be engrossed and read a third time, Mont., No. 0457G2, ronde by Myrtle Sullinger on June 22, 1!)21, for was renu 1he third time, and passed. lots 2 and 3, section 2, township 1G north, range 27 east, and the east - .A motion to reconsider the vote whereby the bill was passed half of the ~out!Jeast quarter of section 23, township 17' north, rauge was laid on the table. 27 east, l\Iontana principal meridian. BROAD BROOK DANK & 'IItUST CO. With the following committee amendment : The next business on the Private Calendar was the bill Strike out all after the enacting clause and insert the following: (H. R. 7!.)30) for the relief of the Broad Brook Bank & "That the Secretat·y of the Interior be, and he is hereby, autl10rized Trust Co. to allow Lewistown homestead application 0457G2, filed by Myrtle The Clerk read the title of the bill. Sullinger, on June 22, 1921, for lots 2 aml 3, section 2, township 1G The SPEAKER pro tempore. Is there objection to the pres- north, range 27 east and east half southeast quarter section 33, town­ ent consideration of the bill? ship 17 north, range 27 east, principal meridian, provided she makes There was no objection. pnyment of all sums due and that patent issue to her if after due The Clerk read the bill, as follows : publication slle makes satisfactory proof of her compliance with the Be it cnaetcll, etc., That the Secretary of the Treasury be, anti he is requin·ments of the homestead laws as to her residence on, cultivation hereby, authorized un!l directed to r edeem in favor of the Droati Brook and improvement of the lanti subject to the provisions, reservations, Dunk & Trust Co., Broad Brook, Opnn., United States coupon note No. conditions, and limitations of the act of July 17, 1014 (38 Stat. p. H-1728011 in the denomination of $1,000 of the Victory Lii.Jerty Joan 509), as to the oil and gas in the land and to a wnl\·er of claim to 4%, per cent convertible gold notes of l!J22-2:::, with coupons due Decem­ tiamages in accordauce with sPction 2!) of the act of February 25, ber 15, 1!)22, and May 20, 1923, without presentation of the said note 1!)20 (41 Stnt. p. 437) , against any prior existing oil and gas permittee or tbe C{)Upons, the note with tlle coupons attaclled having been lost or lessee." or destroye-d whlle being held as collateral by tho said the Brond Drook Dank & Trust Co. : Pt·ot idcd, That the said note shall not have The committee amenrlment wns agreed to. been pre-r iously presented anti paid and that payment shnll not be The bill was orrlerE>d to be eHgroBsed and read a third time, made hereunder for auy coupon which shall have been previously pre­ wa::; read the thiru time, and pa~sed. sented and paid: l'l'Ot'idcd fto·tller, That tlle said the Broad Brook A motion to reconsider the vote whereby the bill was pa sed Dank & Trust C{) . shall first file in the 'Treasury Department of the was laid on the tn ble. United States a bond ln the penal sum of double the amount of the CHARLES MURRAY, SR. principal of the said note and the interest which had nccrnefl when The next business on the Private Calendar was the bill the principal be-came due and payable in such form antl with such ( S. 1415) authorizing and directing the Secretary of the surety or sureties us may be acceptable to the Secretary of the Treas­ Treasury to immediately r ecom-ey to Charles Murray, sr., and ury to indemnify and save harmless the United Stntei' from any loss Sarah A. Murray, hi::; \Vife, of De Funiak Springs, Fla., the on account of the lost Ot' destroyed note antl coupons hereinbefore title to lots 820, 821, and 822, in the town of De l!"'uniak described. Sprin;;s, Fla.. necordi11g to the mnp of Lake De Funiak, drawn The bill was ordered to be engro~sed and read a third time, by W. J. Vnnkirk. was read the third time, and pa~sed. 'l'he Clerk read the title of the bill. A motion to reconsider the vote whereby the bill was passed The SPE""U(EH. pro tempore. Is there objection to the pres- was laid ou the tuule. ent considerntion of the bill? ISAAC A. CHANDLER There was no objection. The Clerk read the bill, as follows : The next business on tl1e Pli"mte Calendar was tlle bill (H. R. 0232) for the relief of !:mac A. Chandler. Be it enacted, etc., That the Secretary of the Treasury be, and he is The Clerk rend the title of tlle bill. hereh:r, authorized and directed to immedintely reconvey to Charles The Sl:'EAKlDR pro tempore. Is there objection to the pres- Murray, sr., and Sarah A. 1\lurray, his wife, the title to lots 820, 821, ent consideration of the bill'l and 822, in the town of De Funiak 81n-ings, Fla., according to the map There "·us uo objection. of Lake De Funink drawn by W. J. Vankirk, the same being those cer­ The Clerk read the bill, as follows : tain lots tiJe title to wlllch ws.s conveyed to the United States of Amer­ ica by the said Charles l\lurray, sr., antl Sarah A. 1\lurruy, his wife, Be it enacted, etc., That in the aumlnistration of any lnws conferrin~ by rteed executed on the 28th day of December, A. D. 1916, on which to rights, privileges, and benefits upon honorably discharged soluiers I saac construct a Government building in the city of De Funtak Springs, Fla., A. Chandler, who was a pt·ivate in Troop A. Fourth United States and on which a Government building has not been constructed. Cavalry, shnll het·eafter be held and considered to have lleen discharged honorn!Jly from tile military service of the United States as n private 'l'he bill was ordered to be r en d a third time, " ·as read the of said troop nntl regiment on the 7th day of Dccelllb<'r. 1875: Pro- thirtl time, auu passf'd. 1Jided, That no bounty, pension, pny, or allowances shall be held as A motion to reconsider the vote whereby the bill was passed accrued prior to the passage of this act. was laid on the table. Mr. GARDNER of Indiana. ~1r. Speaker, I offer an amend­ UARYLA ND CASUALTY CO. meut. Page 1, line 9, after the woru "the," strike out the The next business on the Private Calendar was the bill ( S. figure " 7th" aud insert in lieu thereof "17th." That is in 1361) for the relief of the Maryland-Casualty Co., the United accordance with in::;tructious from the ·war Department. States Fidelity & Guaranty Co., of Baltimore, ~Id., and the The SPEAKER pro tempore. The gentleman from Indiana li"'idelity & Deposit Co. of 1\Iaryland. offers an amendment, which the Clerk will report. 'rhe Clerk read the title of the hill. 'l'lle Clerk read as follows : The SPEAKER pro tempore. Is there objection to the pres- Amendment offered by .Mr. GARDXER of Indiana: Page 1, line 9, after ent consideration of the bill? the word "the," strike out the figure "7th" and insert in lieu thereof There wus no objection? "17th." The Clerk read the bill, as follows: The amendment was agreed to. Be it enacted, etc., That the Secretary of the Treasury be, and he is The bill was ordered to be engrossed and read a third time, hereby, authorized and directed ·to redeem one 5lh per cent United was read the third time, and passed. Stutes certificate of indebtedness, series B-1922, issued August 1, 1921, A motion to reconsider the vote whereby the bill was passed and maturing August 1, 1922, setial No. 21492, of the denomination was laid on the table. of $1,000, pnyable to bearer, and the coupon for $27.GO, representing six months' interest, due August 1, 1922, in favor of the Maryland MYRTLE SULLINGER Casualty Co., the Fidelity & Deposit Co. of Maryland, and the United The next business on the Private Calendar was the bill States Fidelity & Guaranty Co., of Baltimore, l\Id., without presentation .(H. R. 10446) validating the application for and entry of of the said certificate or the coupon therefrom, which have been lost, certain public lauds by Myrtle Sullinger. stolen, or destroyed: Provided, That the said certificate of indebtedness The Clerk read the title of the bill. shall not have been previously presented for payment, and that no pay­ The SPEAKER pro tempore. Is there objection to the ment sllall be made hereunder for the c011pon if it shall have been present consideration of the blll? previously presented anti paid: Providea further, Tllat the saiti Mary­ There was no objection. land Casualty Co., the Fidelity & Deposit Co. of Maryland, and the LXYII--633 10054 . CONGRESSIONAL RECORD-HOUSE MAY 25 United States Fidelity & Guaranty Co., of Baltimore, Mel., shall first ury not otherwise appropriated, the sum of $95 to J. M. LaCalle for file in the Treasury Department a bond in the penal sum of double the services as lnstructot• at the United States Naval Academy, Annapolis, amount of the principal and interest of said certificate of indebtedness :.Ud., from October 1, 1914, to October 10, 1014, both dates inclusive. and the interest payable thereon, in such form and with such surety The bill was ordered to be read a third time, was read the or sureties as may be acceptable to the Secretary of the Treasury to third time, and passed. indemnify and save harmless the United States from any loss on account A motion to reconsider the vote by which the bill was passed of the lost, stolen, or destroyed certificate of indebtedness and coupon was laid on the table. herein describeu. WILLIAM ALEXANDER ET .AL. The bill was ordered to be read a third time, was read the The next business on the Private Calendar wns the hill thin.l time, and passed. ( S. 1792) for the relief of William Alexander, Frank :M:. Clark, A motion to r econsider the vote whereby the bill was passed George V. Welch, Grant W. Newton, William T. Hughes, Lucy was laiStal fuuus Md., from October 1, 1914, to October 19, 1914. t·csulting from the failure of the Farmers State Bank of Hingham, The Clerk read the title of the bill. ~Iont.; Leo M. Rusk, late postmaster at Pocatello, Idaho, in the sum The SPEAKER pro tempore. Is there objection to the pres­ of $2,085.<33, due the United States on account of loss of postal funds ent consideration of the l.Jill? resulting from the failure o-f the Bannock National Ba11k, Pocatello, Mr. BLANTON. Mr. Speaker, reserving the right to object, Idaho; Fred Falkenburg, late postmaster at Scotland, S. Dak., in the why is this old, antiquated bill now brought up for passage? sum of $12G, due the United States on account of the loss of postal l\1r. UNDERHILL. Because Congress has not attended to its funds resulting from the failure of the Scotland, S. Dak., State Bank; duty previously and paid this money which the United States Meary E. Kelly, late postmaster at Keller, Okla., in the sum of $4.5.70, owes this man. He ga>e his services for the time indicated in due the United States on account of loss of postal fnnds resulting from the bill. the failure of the State National Bank of Ardmore, Okla.. ; W1lliam C. 1\lr. BLANTON. There ha-ve beex several Congresses in ses­ IIall, late postmaster at Murtaugh, Idaho, in the sum of $151, due tho sion since 1914. United States on account of the loss <>f postal funds resulting from the 1\ir. UNDERHILL. Very true; but there are a lot of bills failure of the Bank of Murtaugh, Murtaugh, Idaho ; Rufus L. Stewart, the Congresses ha-ve not acted upon. late postmaster at Jennings, Okla., in the sum of $47G.G4, due the 1\ir. BLANTON. The amount is so small I should not United States on nccount of the loss of postal funds resulting from the object; but it does seem to me that these antiquated, out-of­ failure of the Oklahoma State Bank of Jennings, Okla. ; Hngo H. date claims ought to be thrown in the wastebasket. .Ahlff, late postmaster at Grandmounurso him for money advanced in the year 1922 1\Ir. W A'l'RES. I can cite the gentleman to three cases, and to rt•pair a bridge over the Rio Granue River near Cbamita, N. 1\Iex., at I will give him the names. Tllere was Robert B. Sanford, a point where said river traverses Indian lands, anu said bridge being Sixty-eighth Congress, the. bill H. R. 1034. Another case was primarily for travel and use by Indians. Arthur Casey, which was passed in this House February 5, The bill was ordered to be read a third time, was read the 1920. Another case was Harold G. Billings. third time, and paRsed. 1\Ir. BEEDY. ·wm the gentleman pardon me if I object and A motion to reconsider the vote by which the bill was passed let the case go over until we again consider the Private Calen­ was laid on the table. dar, and in the meantime I will look these cases up. 1\Ir. WILLIAAI J. MURPHY Speaker, I object. ELIAS E;IELD The next business on the Private Calendar was the bill ( S. 3015) for the relief of William J. Murphy. The next business on the Private Calendar was the bill (H. R. The Clerk r ead the title of the bill. 10041) for the relief of Elias Field. The SPEAKER pro tempore. Is there objection? The Clerk read the title of the bill. l\1r. BLANTON. l\1r. Speaker, I ask that this blll be passed. The SPEAKEU. Is there objection to the present considera­ There was no objection. tion of the bill? 1\fr. BLACK of Texas. Will somebody give me some informa­ M. BARDE & SONS tion about this? The next business on the Private Calendar was the blll (H. R. 1\fr. SCHAFER. Yes. 1\lr. Elias Fielu is a reputable Boston 90G4) for the relief of M. Bar

1 third reading of the bill as amended. JOSEPH F. :U KNJGHT The bill as amended was ordered to be engrossed and read The next business on the Private Calendar was the bill (H. R. a third time, was read the third time, and passed. 6267) for the relief of Joseph F. MacKnight. A motion to reconsider the vote whereby the bill was passed The Clerk read the title of the bill. was ordered to be laid on the table. The SPEAKER. Is there objection to the pn:esent considera- Mr. BLANTON. Mr. Speaker, I make the point of order tion of the bill? · that there is no quorum present. No; I withdraw the point. Mr. BLANTON. l\Ir. Spenker, I a ·k unanimous consent that The SPEAKEit. The Clerk will report the next bill. the amendment be read in lieu of the bill. JAMES F. :U'CAil.THY The SPEAKER Is there objection? [After a pause.] The The next business on the Private Calendar was the bill Chair hears none. (H. R. 7703) for the reliE'f of James F. McCarthy. The Clerk read as follows : The title of the bill was read. Rtrike out all a!ter the enacting clause and insert: The SPEAKER. Is there objection to the present considera- "That the Secretary of the Treasury be, and he is hereby, nutllor­ ti-on of the bill? izcd and directed to pay, out of any money in the Treasury not other­ There was no objection. wise appropriated, to Joseph F, ~lacKnight, postmaster at Price, Utah, The SPFJA.KER. The Clerk will report the bill. the sum o! $311.9-!, being the amount embezzled by a subordinate in the The Clerk read as follows : post office at Price, Utah." Be it enactccl, etc., That the Secretary o! the Treasury be, and he is Mr. BLA.CK of Texas. Reserving the right to object, Mr. hereby, authorized and directed to pay, out of any money 1n the Speaker, I see from the rf'port that a stamp clerk in the office Treasury of the United States not ·otherwise approprlated, the sum of by. the name of Harold 1n1son '\'\-"'fiS checked up short to the $194 to compensate James F. :McCarthy, of Bangor, l\1e., for a judg­ amount of $218.36, which was replaced by him. Did he em­ ment which he paid by reason of damage caused by him while driving bezzle the~e other funds? a United States mail truck in the performance of his duty. l\fr. COLTON'. Yes; and the po8tmuster sought at several The SPEAKER. The question is on the engrossment and times dming this period to haye this clerk dischargeu. third reading of the bill. l\1r.-BLACK of Texas. It seems to me inconceivable that The bill was ordered to be engrossed and read a third time, the Post Offiee Department should be keeping in the service was read the third time, and passed. a man who i::; checked up $218 short, and that the department A motion to reconsider the vote whereby the bill was passed is now seeking to have Congress pas~ a bill to replace the loss. \'>as ordered to be laid on the ta hie. And yet I understand the gentleman to say that he is still in The SPEAKIGR. The Clerk will report the next one. tile sen-ice. 1\Ir. TILSON. l\Ir. Speaker, the hour of 5 o'clock has arrived. Mr. COLTON. No; I did not mean to say that. He is not in the service now. He is out. LEAVE OF ABSENCE :\1r. BLACK of Texas. Is be under bond? 1\Ir. BAILEY, by unanimous consent, was granted leave of l\ir. COLTON. I understand he i ' not under any bond. absence until l\Iay 27. ~lr. BLACK of Texas. All the postal employees that I know ADJOURNMENT anytlling abont are under bond. Mr. TILSON. We shall have another day for these bills, I l\1r. COL'l'O.~. T. I made a personal investigation of this mat­ ter, and I was informed by the department that there is no am quite sure. It is 5 o'clock. \Ve shall have to stop some­ other wuy by which this postmaster can be reimbursed. where. I am sorry to prevent anybody's bill from coming up. Mr. BLACK of Texas. I object, and ask that the bill go 1\fr. Speaker, I move that the HouRe do now adjourn. over without prejudice. The motion was agreed to; accordingly (at 5 o'clock and ~ minutes p. m.) the Hou::;e adjourned until to-morrow, '\-Vednes­ Tlle ~PEAKER. The objection stage is past. Mr. Bl.JAUK of Texas. The Chair a:::;ked if there was ob­ day, l\Iay 26, 1026, at 12 o'clock noon. jection, and I was about to reserve the right to object when my colleague [Mr. BLANTo~] asked that the amendment be read COUl\IITTEE HEARINGS in lien of the bill. The SPEAKER. The Chair a::,;ked if there was objection Mr. TILSON submitted the following tentative list of com­ to the bill. The Chair thinks it is too late now. mittee hearings scheduled for May 26, 10~6, as reported to the Ur. BLACK of Texas. The Chair may be correct. It cer­ fioor lender by clerks of the several committees : tainly was my intention to reserve the right to object, and COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE wheu my colleague asked that the amendment be read I re­ (10 a.m.) frained from objecting until the amendment was read. To promote the unification of carriers engaged in interstate l\lr. COLTON. I think I can satisfy the gentlema.J. on that commerce (H. R. 11212) . point. I shall not take the time, however. l\lr. UNDEHHILL. l\1r. Speaker, will the gentleman yield CO}.U.UTTEE ON AGRICULTURE to me? (10 a. m.) Mr. COLTON. Yes. To prevent the destruction or dumping, without good and l\1r. UNDERHILL. As a matte~ of fact, the department sufficient cause therefor, of farm produce received in inter­ says they were unable to find sufficient evidence to prove this state commerce by commission merchants and others and to re­ man guilty of a criminal act. They could not collect from quire them truly and correctly to account for all produce re­ h:m. and simply had to discharge him on suspicion. ceived by them (H. R. 10510). l\1r. BLACK of Texas. I think the gentleman states the To facilitate and simplify the work of the Department of rule of law incorrectly. You might not h!J.V:e enough evidence Agr!~u~tu!'e 1~ ce~tlli~ c~ses (H.. . R. 11423). ;l 10058 CONGRESSIONAL RECORD-HOUSE MA_y 25 < Ji,or the relief of the :Majestic Hotel, Lake Charles, La., and PUBLIC BILLS AND RESOLUTIONS of Lieut. R. T. Cronau, United States Army (H. R. 11432). Under clause 3 of Rule XXII, public bills and resolutions COMMITTEE ON FOREIGN AFFAIRS were introduced and severally referred as follows: ( 10.15 a. m.) By Mr. ANTHONY: A bill (H. R. 12411) to establish a Authorizing the Secretary of the Interior to call a Pan­ Federal farm board to aid in the orderly marketing and in Pacific conference on education, rellabilitation, reclamation, and the control and d.isposition of the surplus of agricultural com· recreation at Honolulu, Hawaii (H. J. Res. 240). mo(lities; to the Committee on Agriculture. By Mr. MORIN: A bill (H. R. 12412) to authorize the COMMITTEE ON PUBLIC BUILDINGS .AND GROUNDS licensing of patents owned by the United. States ; to the Com­ ( 10.30 a. m.) mittee on Patents. To amend section 4 of the public buildings act of :March 4, By l\lr. VINCENT of Michigan: A bill (H. R. 12413) to Hl13 (H. R. 8D54). 1:mpplement the naturalization laws, and for otller purposes; SPECI.AL JOINT COMMITTEE to the Committee on Immigration and Naturalization. By l\lr. WEFALD: A bill (H. H.. 12414) for the relief of (10.30 a. m., Room 347) homestead settlers on the druined Muu Lake bottom in the To investigate Nortllern Pacific land grants. State of Minnesota ; to the Committee on the Public Lands. COMMITTEE ON TilE JUDICIARY By Mr. HICKEY: A bill (TI. R. 12415) to amend and supple­ (10 a. m.) ment the naturalization laws, and for other purposes; to the Committee on Immigration and Naturalization. Concerning the alleged official misconduct of Frederick A. By Mr. BERGER: A bill (H. R. 12416) to establish a na­ Fenning, u Commissioner of the District of Columbiu (H. Res. tional-forest reserve and a national park in each of the several 228). States, to promote reforestation, and for other purposes; to the COMMITTEE ON WAYS .AND MEANS Oommittee on the Public Lands. ( 10.30 a. m.) By Mr. O'CONNOR of Louisiana: A bill (H. R. 12417) to To amend an act entitled "An act to provide for the registra­ provide for maintaining, promoting, and advertising the Inter­ tion of, with collectors of internal revenue, and to impose a national Trade Exhibition; to the Committee on Iooustrial Arts special tux upon all persons who produce, import, manufacture, and Expositions. compound, deal in, di pense, sell, distribute, or give uway opium By Mr: McSWAIN: A Lill (H. R. 12418) to regulate inter­ of coca leaves, their 8alts, derivatives, or prepurations, and for state and foreign commerce by encour!lging the orderly market­ other purposes," as amended (H. R. 11612). ing of basic agricultural commodities and to stabilize all in­ dustries, includ.ing agriculture, an.d thus to promote and secure the national defense, etc. ; to the Committee on Agriculture. EXECUTIVE 001\il\.IUNICATIONS, ETO. By J\lr. HILL of Maryland: Joint resolution (H. J. Res. 262) 531. Under cluuse 2 of Rule XXIV, a communication from the for tlle preservation of the independence of the Federal and President of the United States, transmitting 11 proposed draft of State judicial and police systems; to the Committee on the legislation making the appropriations which have been provided Judiciary. for the United States Ra.ilroad Labor Board for the fiscal year Ry .Mr. MORIN: Joint re~olutlon (H. J. Res. 263) authoriz­ lD27 available for carrying out the provisions of the act entitled ing the Secretary of War to receive for instruction· at the "An act to provide for the prompt disposition of disputes be­ United States l\lilitary Academy at We~t Point two Chinese tween carriers and their employees, and for otller purposes," subjects, to be designated hereafter by the Government of approved May 20, 1D26 (Public, No. 257, GDth Cong.), was taken China; to the Committee on Military Affairs. from the Speaker's tuble und referred to the Committee on By ~lr. THATCHER: Joi!lt reHolution (H. J. Res. 264) for Appropriations and ordered to be printed. the creation of a commission to investigate crime; to the Com­ mittee c,n Rules. REPORTS OF COMMITTEES ON PUBLIC BILLS AND By 1\fr. BIUTTEN: Joint resolution (H. J. Res. 265) to place RESOLUTIONS under tl!.e civil service act the personnel of the Treasury De­ partment, authorized by section 38 of tlle national prohibition Under clause 2 of Rule XIII, act, and. to prohibit the enrollment of State, county, and city Mr. KIESS: Committee on Insular A1Iairs. H. R. 478D. A. officials; to the Committee on the Judiciary. bill provid.ing for the biennial appointment of a board of vis­ By 1\lr. HILL of Maryland: Concurrent resolution (H. Con. itors to inspect and report upon the government and conditions Res. 30) requesting suhmif:>sion to the several States the ques­ in the Philippine Islands; witll amendment (Rept. No. 1301). tion of the modification of the so-culled Volsteud Act; to tho Refened to the Committee of the Whole House on the state of Committee on the Judiclary. the Union. l\Ir. l!,OSS: Committee on the Post Office and Post Roads. H. R. 8377. A bill authorizing the Postmuster General to estab­ PRIVATFJ BILLS AND RESOLUTIONS lish a uniform system of registration of mail matter; with Under cluusc 1 of Rule XXII, private Uills and resolutions umendm0nt (Rept. No. 1302). Referred to tlle Committee of were introd.uced and severally referred us follows: the Whole House on the state of the Union. By l\Ir. IHUTTEN: A bill (H. R. 1241D) granting a pension Mr. IIOGG: Committee on the Post Office and Post Roads. to .Jennie Brett; to the Committee on Invalid Pensions. H. R. 10132. A bill to authorize the assignment of raihvay By '1\fr. COOPER of Ohio : A bill (H. R. ·12420) granting an postal clerks and substitute railway postal clerks to temporury increase of vension to Prud.cnce R. Stafford. ; to the Committee employment as substitute seu po. ·t clerks; without amendment on Invulid Pem;ions. ( Rept. No. 1303) . Referred to the Committee of the 'Vhole By l\lr. COYLE: A bill (H. R. 12421) for the relief of George House on the state of the Union. F. Newhart, Ulyd.e Hahn, and David McCormick; to the Com­ Mr. WHITTINGTON: Committee on Irrigation an