1927 CONGRESSIONAL RECORD-SENATE - U.S ... CONGRESSIONAL RECORD-SENATE

1927 CONGRESSIONAL RECORD-SENATE .4887 compulsory Sunday bills ; to the Committee on the District of· Columbia.

7476. BY. Mr. McLAUGHLIN of Nebraska: Petition by the adult citizens of Seward, Nebr., not to pass Sunday observance bill; to the Committee on the District of Columbia.

7477. By Mr. MANLOVE: Petition of J. E. Spencer, Charlotte Robinson, J. J. Wis, Arthur Hill, and 53 other residents of Jasper County, urging Congress not to pass the Sunday bill; to the Committee on the District of Columbia.

7478. By Mr. MARTIN of Massachusetts: Petition of sundry citizens of Taunton, Mass .. advocating increased pensions for Civil War veterans and widows of veterans; to the Committee on Invalid Pensions.

7479. By Mr. NELSON of Wisconsin: Petition of Mr. W. A. Devine and others, -of Madison, Wis., praying the passage of remedial pension relief measures for Civil War veterans and widows of veterans ; to the Committee on Invalid Pensions.

7480. By Mr. O'CONNELL of New York: Petition of the Chamber of Commerce of the United States, favoring the passage of House bill 8997, parcel post with Cuba; to the Committee on Ways and Means.

7481. By Mr. PRATT: Petition of citizens of Columbia County, N. Y., urging legislation to increase the pensions of Civil War veterans and widows of veterans; to the Committee on Invalid Pensions.

7482. By Mr. ROl\IJUE: Petition of George E. Thompson et al., of Revere, Mo., urging favorable consideration of pension legislation of Civil War veterans; to the Committee on Invalid Pensions.

7483. By l\lr. SPEARING: Petition of various and numerous constituents, against the passage of House bill 10311, relating to observance of Sunday ; to the Committee on the District of Columbia. •

7484. By Mr. STROXG of Pennsylvania: Petition of the First. U. P. Sabbath School of Indiana, Pa., in favor of the Sunday rest bill for the District of Columbia (H. R. 10311) ; to the Committee on the District of Columhia.

7485. By 1\Ir. SWING: Petition of certain residents of San Diego, Calif., and vicinity, protesting against the passage by Congress of House bill 10311, or any other religious measures which may be introduced; to the Committee on the District of Columbia.

74 6. By 1\Ir. TAYLOR of New Jersey: Petition from sundry citizens of Newark and Je1·sey City, prote ting against the compulsory Sunday observance bills now pending before the House District Committee; to the Committee on the District of Columbia.

7487. By Mr. VINSON of Kentucky: Petition signed by numerous residents of Carter (ninth congressional district), Maysville and Lawrence Counties, Ky., urging the passage, before ad·jourmnent of Congress, of a bill for the relief of . needy and suffering veterans of the Cinl War and widows of veterans; to the Committee on Invalid Pe11sions.

SENATE SATURDAY, Febr'U(J.ry ~6, 19!37

The Chaplain, ReV". J. J. :Muir, D. D., offered the following prayer: ·

Lord our God, though Thou inhabiteth eternity and art the high and holy One, yet Thou art permitting us in an humble way to approach the throne of Thy heavenly grace. We thank Thee for every mercy given unto us. We thank Thee for the opportunities of service for the good of others and for Thy glory. Enable us thus to understand our various duties and fulfill Thy good pleasure. We ask in Chri t's name. Amen.

The Chief Clerk proceeded to read the Journal of yesterday's proceedings when, on request of Mr. CURTIS and by unanimous consent, the further readb1g was dispensed with, and the Journal was approV"ed.

MESSAGE FROM THE HOUSE

A message from the House of Representatives by 1\Ir. Chaffee, one of its clerks, announced that the House had passed a bill (H. R. 3283) for the relief of William Bardel, in which it requested the concurrence of the Senate.

ENROLLED Bll.LS SIGNED

The meRsage al o further announced that the Speaker had affixed his signature to the following enrolled bills, and they wP.re thereupon signed by the Vice Pre ident:

S. 95. An act for the relief of Carlos Tompkins ; S. 190. An act for the relief of Samuel S. Archer ; S. 467. An act for the relief of Joseph B. Tamier; S. 521. An act for the relief of August Michalchuk; ·

S. 1261. An act for the relief of William H. Grayson; S. 1413. An act for the relief of Eustacio B. Davison; S. 1641. An act -for the relief of ·Mary H. Dougherty ; S.1787. An act for the return of $5,000 to the New Amsterdam

Casualty Co. ; . S. 1859. An act for the relief of Patrick C. Wilkes, alias

Clebourn P. Wilkes; S. 2094. An act for the relief of C. P. Dryden; S. 2139. An act for the relief of William W. Green, warrant

officer, United States Army; S. 2242. An act for the relief of Mark J. White; S. 2700. An act to amend the naval record of Frank H. Wilson,

alias Henry W encel; · S. 2722. An act for the relief of the Muscle Shoals, Birming

ham & Pensacola Railroad Co., the successor in interest of the receiver of the Gulf, Florida & Alabama Railway Co.;

S. 3110. An act to authorize certain officers of the United States Navy to accept from the Republic of Haiti the medal of honor and merit ;

S. 3464. An act authorizing certain officers of the United States Navy to accept from the Republic of Chile the order .Al Merito;

S. 4287. An act amending section 3 of the act approved January 12, 1923, entitled "An act to distribute the commissioned line and engineer officers of the Coast Guard in grades, and for other purposes " ;

S. 4405. An act for the relief of Farrah Dane Richardson ; S. 4558. An act to provide a method for compensating persons

who suffered property damage or personal injury due to the explosions at the naval ammunition depot, Lake Denmark, N. J., July 10, 1926;

S. 4622. An act to authorize Capts. Walter S. C1·osley and Paul P. Blackburn, United States Navy, to accept certain medals from the Republic of China ;

S. 4841. An act for the relief of Samuel J. Leaphart; S. 5415. An act for the relief of Roswell H. Bancroft ; S. 5466. An act for the relief of the Citizens' National Bank,

of Petty, Tex. ; S. 5539. An act to authorize and direct the Comptroller Gen

eral to settle and allow the claims of E. A. Goldenweiser, Edith M. Furbush, and Horatio l\I. Pollock for services rendered to the Department of Commerce;

H. R. 14831. An act to amend section 107 of the Judicial Code; H. R.15822. An act authorizing the county of E~cambia.

Florida, and/or the county of Baldwin, Ala., and/or the State of Florida, and/or the State of Alabama to acquire aU the rights and privileges granted to the Perdido Bay Bridge & Ferry Co. by chapter 168, approved June 22, 1916, for the construction of a bridge acros Perdido Bay from Lillian, Ala., to Cummings Point, Fla.;

H. R. 16024. An act to amend the act entitled "An act granting the consent of Congre. s to the Yell and Pope County bridge district, Dardanelle and RussellviUe, Ark., to construct, maintain, and operate a bridge across the Arkansas River, at or near the city of Dardanelle, Yell County, Ark.," approved :\Iarch 3, 1925, and to extend the time -for the construction of the bridge authorized thereby;

H. R. 16104. An act to amend the act entitled "An act granting the consent of Congress to the county of Barry, State of Missouri, to construct a Q.ridge across the White River," approved 1\Iarch 31, 1926 ;

H. R.16105. An act to amend the act entitled "An act granting the consent of Congress to the county of Barry, State of Missouri, to construct a bridge across the White River," approved l\larch 31, 1926 ;

H. R. 16116. An act granting the consent of Congress to the Henderson Bridge Co., its succe sors and a signs, to construct, purchase or lease, maintain, and opernte a bridge across the Kanawha River at or near the town of Henderson, W. Va., to a point opposite thereto in or near the city of Point Pleasant, W.Va.;

H. R. 16462. An act making appropriations to supply urgent deficiencies in ,certain appropriations for the fiscal year ending June 30, 1927, and prior fiscal years, and to provide urgent supplemental appropriations for the fiscal yea1· ending June 30, 1927, and for other purposes;

H. R.16165. An act granting the consent of Congress to the commissioners of the county of Cook, State of Illinois, to reconstruct the bridge across the Grand Calumet River at Burnham Avenue in said county and State;

H. R. 16649. An act to extend the time for construction of a bridge across the Susquehanna River, in Northumberland and Snyder Counties, State of Pennsylvania ;

H. R. 16773. An act to amend an act entitled ".An act authorizing the construction of ~ bridge ac!'_oss the OhiQ Ri_ve!: between

4888 CONGRESSIONAL RECORD-SEN ATE FEBRUARY 26 the municipalities of Rochester and Monaca, Beaver County, Pa.";

II. R. 16778. An act to extend the times for the construction of a bridge across the :Mississippj. River at Alton, Ill., and across the Missouri River near Bellefontaine, ·in Missouri;

H. R. 16887. An act granting the consent of Congress to George A. Hero and Allen S. Hackett, their successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River ;

H. R. 16954. An act granting the consent of Congress to the city of Blair, in the State of Nebraska, or its assignees, to construct a bridge and approaches thereto across the Missouri River between the States of Nebraska and Iowa;

H. R. 16971. An act granting the consent of Congress to the South Carolina and Georgia State highway departments, their successors and assigns, to constl·uct, maintain, and operate a bridge across the Savannah River;

II. R. 17131. An act authorizing the construction of a bridge across the St. Lawrence River near Alexandlia Bay, N. Y. ; and

II. R. 17181. An act to extend the time for constructing a bridge across the Rainy River, approximately midway between the village of Spooner, in the county of Lake of the Woods, State of Minnesota, and the village of Rainy River, Province of Ontario, Canada.

RECLAMATION AND RURAL DEVELOPMENT IN THE SOUTH

The VICE PRESIDENT laid before the Senate a communication from the Secretary of the Interior, reporting, pursuant to law, relative to an investigation of reclamation and rural development in the South, which, with the accompanying documents, was referred to the Committee on Irrigation and Reclamation.

EMPLOYEES OF THE INTERNAL RE\ENUE BUREAU

The VICE PRESIDENT laid before the • enate a communication from the president of the United States Civil Service Commi.'sion, transmitting the data requested in Senate Resolution 345 (by Mr. HEFLIN, agreed to- February 7, 1927), which, with the accompanying papers, was referred to the Committee on Civil Service.

PETITIONS Al\'D MEMORIALS

The VICE PRESIDENT laid before the Senate the following joint resolution of the Legislature of the State of Wisconsin, whieh was referred to the Committee on Commerce:

!'RESIDENT OF THE SENATE, Washington, D. 0.

DEPARTME:ST OF STATE, Mad·i801t, Wis., February 2-f. 1m.

.My DEAR SIR: .At the request o1' the Wisconsin Legislature, now in .·es,;ion, I have pleasure in sending you herewith copy of Joint Resolution No. 6, "relating to the Great Lakes-St. Lawrence waterway project."

Very truly yours, THEODORE DAM!.U.Nlf, Secretary of State.

Joint resolution relating to the Great Lakes-St. Lawrence waterway project

Whereas the prosperity of Wisconsin as well as the whole of the Unitetl 'tates is in large measure dependent upon lower rates of transportation on agricultural and manufactured products to markets in Eastern tates and foreign countries; and

Whereas it is possible to secure suclr lower rates o1' transportation through the completion of the Great Lakes-St. Lawrence waterway project, which would enable ocean-going vessels to enter the Great Lakes; aJJd

Whereas this project bas be<>n repeatedly pronounced by qualified engineers to be practicable in all respects and a good investment from a business point of view, most recently by the joint international board of engineers and by Ron. Herbert Hoover, Secretary of Commerce : Therefore be it

Reso~ved by the assembly (the senate COfi,Ctlrring), That we hereby respectfully urge the Congress of the United States to take immediate action to make possible the early completion of the Great Lakes-St. Lawrence waterway project; and be it further

Resolved, That copies of this resolution, properly signed by the presiding officers o1' both houses and attested by the chief clerks thereof, be sent to the presiding officers of the Senate and House of Representatives of the United States and to each Senator and Member of Congress from Wi consin.

HENRY A. HUBER-,

President of the SeMte. JOHN W. EBER,

Speaker of the Aasembly. 0. G. MUNSON,

Ohief Clerk vf the Senate. c. E. SHAFFER,

Chief Clerk of the Auembly.

Mr. GOODING presented House Joint 1\femorial No. 1, of the Legislature of the State of Idaho, which was referred to the Committee on Public l.Jands and Surveys, as follows :

STATE OF IDAHO, DEPARTMENT OF STATE.

I, Fred E. Lukens, secretary of state of the State o1' Idaho and custodian o1' the seal o1' said State, do hereby certify:

That I have carefully compared the annexed copy of House Joint Memorial No. 1 with the original thereof adopted by the Senate and House of Representatives of the Nineteenth Legislative .Assembly o1' the State of Idaho and filed in the office of the secretary o1' state of the State of Idaho February 14, 1927, and that the same is a full, true, and complete transcript therefrom and of the whole thereof, together with all indorsements thereon.

In testimony whereof, I have hereunto set my hand :Ind affixed hereto the seal of the State of Idaho. Done at the capital at Boise, Idaho, this 21st day of February, .A. D. 1!>27.

[SEAL.] FRED Ill LUKE:-<S, Secretary of State.

House Joint Memorial No. 1, by committee on water ways and drainage, bouse of representatives

To tlWJ honorable Senate and House of RepresentatlveB of the United StateB of America in Congress a.ssembled: We, your memorialists, the Legislature o1' the State of Idaho, respect

fully represent : That-Whereas on the 18th day of August, 192G, at St. Anthony, Idaho, a hent··

ing was bad before a committee of the Senate Committee on Public Lands, after the committee bad made a personal inspection of what is known as the Bechler or Fall River Meadows, situated in the southwest corner of the Yellowstone National Park, and which said bearing w.ns for the purpose o1' considering the needs of the people of Fremont and Madison Counties,

'.the necessity and justification in asking for a reservoir site within the Yellowstone National Park, and also the advisability of a change in the said national-park boundaries, as proposed and provided for in a certain bill now pending before the Senate o1' the United States, which said bill provides, among other thing·, for revi&"ion and change of boundary lines o1' said national park ; and

Whereas the Ron. FRANK R. GoODING bas offered an amendment to said Senate bill No. 3427 in the Senate of the United States, which said amendment provides that in changing said boundary lines natural boundary lines be followed in th~ southwest part of said national park, and that there be eliminated from said southwest corner an area of about 12,000 acres, which woUld be sufficient to meet 'the needs of the people of Fremont and Madison Counties for reservoir purposes; and

Whereas the Ron. ADDISON T. SMITH has offered a similar amendment to H. R. 9917, March 2, 1926 (by SINNOTT), to revise the boundary o1' the Yellowstone National . Park in the States o1' Montana, Wyoming, and Idaho, and for other purposes ; and

Whereas the said Yellowstone National Park boundaries should conform, as nearly as possible, to natural boundaries; and

Whereas the boundary lines of Yellowstone National Park, when es· tablisbed, were arbitraiily fixed, with no thought o1' natural boundaries or other features or o1' the "sacredness" o1' the said lines, but the same were projected on "paper"; and

Whereas if natural boundaries we1·e followed the area within what is known as the Bechler or Fall River Basin would be eliminated, and such elimination would be o1' inestimable value to the people residing in Fremont and Madison Counties; and

Whereas Fremont and Madison Counties were settled by loyal, patriotic, and energetic citizens of the United States upward of 50 years ago, being of the early pioneers of the intermountain West, who have reclaimed and subdued this country and established their homes in these counties:

Now, therefore, your memorialists, the Senate and House of Representatives of the State of Idaho, hereby indorse said bill as the same would be amended and request that the same have your early and favorable action; and be it

Resolved, That the secretary of state of the State of Idaho is hereby instructed to forward this memorial to the Senate and House of Representatives of the United States of .America.

This memorial passed the bouse on the 8th day o1' February, 1927. W. D. GILLIS,

Speaker of the House of Representatil;es.

This memorial passed the senate on the 12th day of February, 1927. 0. E. HAILEY,

PresWtmt of the Senate.

I hereby certify that the within memorial, No. 1, originated in the house of representatives during the nineteenth session of the Legislature of the State of Idaho.

C . .A. BOTTOLFSEN, Ohief Olerk of -tile Ho-use of Representatives.

Mr. NEELY presented petitions of sundry citizens of Parsons, W. Va~ praying fo1· the passage of legislation granting

1927 CONGRESSIONAL RECORD-SENATE 4889 increased pensions to Civil War veterans and their widows, which were referred to the Committee on Pensions.

Mr. STEW ART presented petitions of sundry citizens of the State of Iowa, praying for the passage of legislation granting increased pensions to Civil War veterans and their widows, which were referred to the Committee on Pensions.

Mr. WILLIS presented petitions of sundry citizens of Cleveland, Smithville, East l-iverpool, and Morgan and Butler Counties, all in the State of Ohio, praying for the passage of legislation granting increased pensions to Civil War veterans and their widows, which were referred to the Committee on Pensions.

Mr. DENEEN presented petitions numerously signed by sundry citizens of Waukegan, Decatur, Chicago, Oak Park, and other cities and towns in the State of Illinois, praying for the prompt passage of legislation granting increased pensions to Civil War veterans and their widows, which were referred to th..! Committee on Pensions.

RETIBEMENT OF DISABLED EMERGENCY ARMY OFFICERS

Mr. KEYES. Mr. President, I have a letter from the American Legion of my State, transmitting a resolution adopted by the New Hampshire department. It is quite brief, and I ask that it may be read at the desk and lie on the table.

There being no objection, the letter was read and ordered to lie on the table, as follows :

Bon. H ENRY W. KEYES,

THE AMERICAN LEGIOY, DEPARTMEYT OF NEW HAMPSHIRE,

OFFICE OF DEPARTl\IE::ST ADJUTAYT, Concord, N. H., Februm-v !4, 1JJP:I.

United States Senate, Washington, D. C. DEAR SIR: With further reference to the Tyson IJill, which is pendini

in the Senate, and the Fitzgerald bill, in the House, may I ask that the following be read into the record of the Senate?

"Be il t·esolvea by the New Hampshire Department of the American Legion in its eighth annuaL co,n·ention assembled, That the disabled eme1·gency Army officers' bill for retiring these officers be, and hereby is, unanimously indorsed, and that a copy of this resolution be forwarded to our Congressmen and Senators at Washington."

Very truly yours, FRANK N. SAWYER,

Department Adjutant.

PAN AMERICAN PEOPLES GREAT HIGHWAY COMMISSION

Mr. CAMERON. Mr. President, I ask to present and to have printed in the RECORD letters relative to the bill introduced by me at this session for the creation of the Pan American people's great highway commission.

There being no objection, the letters were ordered to be printed in the RECORD, a s follows :

CoTTo;swooo, AJuz., F ebruary 19, W21.

Senator RALPH H. CAMEROY, Washington, D. 0.

MY DEAR RALPH : Yours is the grandest idea ever emanating from the brain of an Arizonian. I at once give it the name, " the Cameron highway," the longest road on earth, connecting more nations than any. Its civilizing effects can hardly be conceived of. Penetrating and leveling of barriers as ancient as the footsteps of Selkirk. "Good tidings of great joy to all people" will it bring to the Western Hemisphere, to the honor and glory of a man and a nation. To be Senator is some· thing, but to be father and mother both of such a possibility, a probability, and a certainty transcends the aspirations of ordinary mortals. There are footprints in the sands of time left by great thinkers. Those of the doers of great things appear even deeper and wider. When. fate, nature, and God have combined and developed these two great abilities within us with the full Christian exercise thereof, then the supreme goal is won and immortality is ours. Yours is not a prophecy which alone is futile, but a glorious conception as clear-cut and as fairly outlined as the Rock of Gibraltar, to materialize even in the life of RALPH CAMERON and Charles D. Willard.

INDUSTRIA.L ACCEPTANCE CORPORATION,

Bon. RALPH H. CAMERON,

OFFICE OF VICE PRESIDE::ST, New York, N. Y., Janua1·y 19, 19!?:1.

United States Senate, Washington, D. 0. MY DEAR SENATOR CAMERON: I have received in the mail a copy of

Senate bill No. 5031, introduced by you in the Senate on January 3, 1927, together with your remarks made on the introduction of this bill.

The proposal to create a commission to cooperate in the building of the Pan American peoples' great highway appeals to me as one of the most con.structive proposals presented for the consideration of the Congress of the United States in many years, and I want to congratulate ;you on

your farseeing vision and constructive statesmanship in sponsoring this measure, the effects of which may well be more far reaching than the imagination can possibly picture.

If there ever was an age in the history of the world characterized by any one supreme and outstanding accomplishment, it is the age in which we live, and transportation is that accomplishment. The etrect of transportation on the productive capacity, the education, and the welfare of the people is beyond possibility of estimation. I believe it will also have a profound influence on international relationships and on the development of an increasing spirit of amity between the nations of the world. The automobile, the airplane, and the dirigible are playing a h·emendous part in this development. Your proposal, if consummated, will increase manyfold the scope and usefulness of these instrumentalities of transpot·tation. It will certainly give added validity and strength to the 1\Ionroe doctrine.

P ermit me to express the hope that your bill may be passed by the Congress and that the commission to be created thereby may carry the project ·through to a succes ful conclusion.

Sincerely yours, CHARLES L. WILLIAMS.

REPORTS OF COMMITTEES

Mr. COPELA~~. from the Committee on the District of Columbia, to whic~ were referred the following bills, reported them severally 'ntJlout amendment and submitted reports thereon:

A bill (S. 5709) to amend the act approved .June 7 1924 relating to the regulation of the practice of dentistry in' the District of Columbia (Rept. No. 1627) ; . A b~ (S. 5766) to amend the act of February 9, 1907, en

titled An act to define the term of 'registered nur e' and to provide for the registration of nurses in the District of Columbia" (Rept. No. 1628) ; and

A bill (S. 5819) to establish a woman's bureau in the Metropolitan police department of the District of Columbia, and for other purposes (Rept. No. 1634). ·

1\fr. SACKETT, from the Committee on the District of Columb~a, to which w:as referred the bill ( S. 5692) granting permissiOn for the laymg of pipes for the transmission of steam along ~he a!ley between lots Nos. 5 and 32 in square No .. ~25, reported It With an amendment and submitted a report (No. 1635) thereon.

Mr. CAPPER, from the Committee on the District of Columbia, to which was referred the bill (S. 5745) to amend Public Law No. 254, approved June 20, 1906, known as the organic school law, so as to relieve individual members of the Board of E?ucation of personal liability for acts of the board, reported it With amendments and submitted a report (No. 1629) thereon.

He also, from the same committee, to which was referred the bill ( S. 4651) relating to the office of public buildings and public parks of the National Capital, reported it without amendment and submitted a r~port (No. 1631) thereon.

l\Ir. WHEELER, from the Committee on Indian Affairs to which was referred the bill (H. R. 10976) to amend the 'act entitled "An act for the survey and allotment of lands now embraced within the limits of the Fort Peck Indian Reservation in the State of Montana, and the sale and disposal of all th~ surplus lands after allotment," approved May 30, 1908, as amended, and for other purposes, reported it without amendment and submitted a report (No. 1632) thereon.

l\fr. HARRELD, from the Committee on Indian Affairs to which were referred the following bills, reported them ~ach without amendment:

A bill (H. R. 16287) for the irrigation of additional lands within the Fort Hall Indian irrigation project in Idaho · and

A bill (H. R. 16744) to authorize a per capita payme~t from tribal funds to the Fort Hall Indians.

Mr. DALE, from the Committee on Civil Service to which was referred the bill (H. R. 13477) to amend the ~ct entitled "An act to amend the act entitled 'An act for the retirement of employees in the classified civil service, and for other purposes,' approved May 22, 1920, and acts in amendment thereof,'' approved July 3, 1926, an~ for other purposes, reported it without amendment and submitted a report (No. 1630) thereon.

Mr. MAYFIELD, from the Committee on Claims to which was referred the bill (H. R. 15305) for the relief ot' Ben Wagner, reported it without amendment and submitted a report (No. 1636) thereon.

Mr. BAYARD, from the Committee on Claims, to which were referred the following bills, reported them severally without amendment and submitted reports thereon :

A bill (H. R. 2722) to reimburse James J. Bm·ns, jr., for damages to touring car by Government-owned motor truck (Rept. No. 1637) ;

A bill (H. R. 5930) for the relief of William J. Donaldson (Rept. No. 1638) ;

4890 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 A bill (H. R. 7081) to authorize reimoursenient of the · Gov

ernment of the Philippine Islands for maintaining alien crews prior to April 6, 1917 (Rept. No. 1639) ; and

A bill (H. R. 9427) for the relief of Gilbert B. Perkins (Repl Ko. 1640).

:Mr. l\IEANS, from the Committee on Claims, to which were referred the following bills, reported them severally without amendment and submitted reports thereon:

A bill (H. R. 4361) for the relief of the 1\IcHan Undertaking Co. (Rept. No. 1641) ;

A bill (H. R. 5787) for the relief of J: C. Herbert (Rept. No. 16-12);

A bill (H. R. 16182) for the relief of William H. Lindsay (Rept. No. 1643); and

A bill (H. R. 17108) giving jurisdiction to the Com·t of Claims to hear and determine the claim of the Butler Lumber Co. (Inc.) (Rept. No. 1644).

l\Ir. WILLIS, from the Committee on Territories and Insular Possessions, to which was referred the bill (H. R. 9211) to prescribe certain of the qualifications of voters in the Territory of Alaska, and for other purposes, reported it without amendment and submitted a report (No. 1645) thereon.

He also, from the same committee, to which was referred the joint resolution (S. J. Res. 164) to establish a joint commission on insular reorganization, reported tt with amendments and submitted a report (No. 1646) thereon.

1\fr. FI,ETCHER, from the Committee on Military Affairs, to which was referred the bill (H. R. 9318) authorizing the President to appoint James B. Dickson a second lieutenant of the Air Sarvice in the Regular Army of the United States, reported adversely thereon.

Mr. BORAH, from the Committee on. Foreign Relations, to which were referred the following joint resolutions, repoded them each without amendment:

A joint resolution (H. J. Res. 351) to provide for the expenses of the participation of the United States in the work of the economic conference to be held at Geneva, Switzerland ; and

A joint resolution (H. J. Res. 352) to provide for the expenses of the participation of the United States in the work of a prepaU6ltory commission to consider questions of reduc: tion and limitation of armaments.

1\Ir. ODDIE, from the Committee on Post Offices and Post Roads, to which was referred the bill (S. 4825) authorizing the payment of certain sums to Roosevelt County, Mont., reported it without amendment.

1\Ir. McNARY, from the Committee on Commerce, to which was referred the bill ( S. 5757) authorizing the Secretary of War to grant permis ion to the Port of Portland Commission, to dose the east channel of Swan Island, Oreg., reported it without amenument. ·

MUSCLE SHOALS

1\Ir. NORRIS, from the Committee on Agriculture and Fore ~~·y. to which was referred the joint resolution ( S. J. ·Res. 163) providing for the completion of Dam No. 2 and the steam plant at nitxate plant No. 2 in the vicinity of Muscle Shoals, Ala., and for other purposes, reported it with amendments and submitted a report (No. 1633) thereon, which, on request of Mr. Non&rs, was ordered to be printed in the REconn, as follows:

[S. Rept. No. 1633, 69th Cong., 2d sess.]

CD.:IIPT.E'l'IO:S OF DAM NO. 2 A..'D THE STEAM PLA:XT AT MUSCLE SHOALS

M.-. Noanrs, from the Committee on Agriculture and Forestry, submitted the following report, to accompany S. J. Res. 163:

The Committee on Agricultm-e and Forestry, to wbicb was referred S. J. Res. 163, providing for the completion of Dam No. 2 and the steam plant at nitrate plant No. 2, in the vicinity of Muscle Shoals, Ala., and for other purposes, having had the same unuer consideration, beg leave to report thereon. We recommend the following amendments to said 1·esolution:

1. On page 1, at the end of line 9, insert a semicolon and add the following:

"Pt·o~:ided, The Secretary of War shall not install the additional power unit in said steam plant until after investigation be shall be satisfied that the foundation of said steam plant is sufficiently stable or ba been made sufficiently stable to sustain the additional weight made necessary by such installation."

2. On page 2, line 2, after the word "individuals," insert the following: " according to the policies hereinafter set forth."

:::. On page 2, line 4, strike out the word "five" and insert in lieu thereof the word "ten."

4. On page 2, after line 8, insert the following: " It is hereby declared to be tbe policy of the Government to dis

tribute tht> current generated at Muscle Shoal equitably among the States within transmission distance of Muscle Shoals."

5. On page 2, line 12, after the word .,. construct," insert the words "lease, or authorize the construction of."

6. On page 3, line 8, strike out the words "That if the" and insert in lieu thereof the word "The."

7. On page 3, line 8, after the word "Agriculture," strike out the words "locates any such" and insert the words "shall locate one."

8. On page 3, line 9, after the word "Alabama," insert the word "and."

9. On page 3, line 15, after the word " and," strike out the words "if any" and insert in lieu thereof the word "when."

10. On page 4, line 9, after the word "States," strike out the comma, insert a period, and strike out the balance of the sentence.

As thus amended the committee recommends that the joint re olution do pass.

The question of the disposition of the Government property located at Muscle Shoals bas been under discussion and debate in Congress for seYeral years. So far it bas been impossible for Congress to agree upon any legislation that will permanently settle the question.

The resolution here reported is a compromise, and has for its principal object the operation of Muscle Shoals upon the compromise plan set forth in the resolution for a sufficient length of time to demonstrate what is possible in the practical and economical method of cheapening fertilizer for the benefit of agriculture. Recent history bas demonstrated that the extraction of nitrogen from the atmosphere bas been gradually and systematically cheapened and that in the scientific progress of cheapening the extraction of nitrogen from the atmosphere less and less power bas been necessary. At the present time modern scientific plans for the extraction of nitrogen from the atmosphere do not use water power. It is cheaper and more economical under present scientific methods to use coal for such purposes, and no modern plant bas been constructed in the business world in recent years where hydroelectric power bas been utilized.

The committee, however, bas in mind the original act providing for the construction of the various governmental projects at Muscle Shoals, and that the power developed there should not be leased, sold to or operated by private parties, and that the use of such projects should in peace times be used for the cheapening of the manufacture of fertilizer.

In order, therefore, to carry out as nearly as possible the original intention of the act and to be at the same time in conformity with modern scientific knowledge upon this subject, the committee bas provided that the electricity developed at the governmental projects at Muscle Shoals shall be disposed of for the use, as nearly as pos ible, by the people living within transmission distance of Muscle Shoals, and that the prilfits derived therefrom shall be devoted to the ·construction of fertilizer plants and for the manufacture and distribution of fertilize.-, and for experimentation in that field with a view of cheapening tbe production of fertilizer, thus currying out the original intention of the act.

The present conditions at Mu,scle Shoals are very unsa tisfa.ctory. The Secretary of War has no authority to enter into contracts for the sale of the electricity generated there for any specific definite term. Contracts for the sale of electricity must contain a provision that the Secretary of War can terminate the same on short notice and that such conb·acts are always made subject to any action that C'ongre s may take in the disposition or the control of the governmental properties at Muscle Shoals. He is therefore unable to obtain a fair and reasonable price while Congress is debating the question and tt·ying to reach an agreement upon what shaH be th permanent policy of the Government. He ha. another serious handicap. There is in reality but one customer for the eledricity which the Government gen<'rates at this plant, and that is the Alabama rower Cil. Tbi~:; iS bPcau ·e the Alabama Power Co. is the only company, either governmental or private, that bas any physical connection with the generating flystem owned by the Government at Muscle Shoals. In order to place the SecrQtary of War upon a fair business basis to secure reasonable pric<'s for the electricity generated at Muscle Shoals, this resolution provides that he can make such contracts for a period of 10 years, and that he has the authority to construct, or permit to be constructed by other , transmission lines that will connect Muscle Shoals with other possible bidders for the current generate(}.

In order that the Secretary of Agriculture need not be delayed in the construction of fertilizer plants while a sufficient fund is accumulating from the sale of electricity, the resolution authorizes an appropriation not exceeding $10,000,000 for the immediate commencement of the construction of fertilizer plants, either at Muscle Shoals or elsewhere.

The resolution makes it obligatory to construct one of such plants at Muscle Shoals, and provision is made for the turning over to the Secretary of Agriculture of a part ilf tbe properties of the GoveJ·nment at Muscle Shoals, and also for the supplying to the Secretary ot War of any additional power that he may need. It is believed, bowever, that but little, if any, of the power generated at Dam No. 2 will be used by the Secretary of Agriculture for such purpose, because, in the prog1·ess of scientific investigation and study, power bas become a minor item in the construction of any fertilizer plant; and the commit-

1927 CONGRESSIONAL RECORD-SENATE 489\ tee feels therefore. that by the sale of the electricity generated at Dam No. 2 and at the Government steam plant at Muscle Shoals, the pr~t.s accumulating from such sale will result in a much cheaper product~on of fertilizer than though the power itself were used in the production of fertilizer according to the methods that are now obsolete and out cf date.

CH.A.RLES F. BOND

Mr. MEANS, from the Committee on Claims, reported a resolution ( S. Res. 373), as follows:

Resolved, That the bill (S. 5723) for the relief of Charles F. Bond, receiver of the partnership of Thorp & Bond, on a contract for construction work, now pending in the Senate, together with all the accompanying papers, be, and the same is hereby, referred to the Court of Claims in pursuance of the provisions of an act entitled "An act to codify,' revise, and amend the laws relating to the judiciary," approved March 3, 1911 ; and the said court shall proceed with the same in accordance with the provisions of such act and report to the Senate in accordance therewith.

ENROLLED BILLS PRESENTED

Mr. GREENE, from the Committee on Enrolled Bills, reported that on February 26, 1927, that committee presented to the President of the United States the following enrolled bills:

S. 95. An act for the relief of Carlos Tompkins ; s. 190. An act for the relief of Samuel S. Archer ; S. 467. An act for the relief of Joseph B. Tanner ; S. 521. An act for the relief of August Michalchuk ; S. 1261. An act for the relief of William H. Grayson ; S.1413. An act for the relief of Eustacio B. Davison; S. 1641. An act for the relief of Mary H. Dougherty ; S.1787. An act for the return of $5,000 to the New Amster

dam Casualty Co.; S.1859. An act for the relief of Patrick C. Wilkes, alias Ole

bourn P. Wilkes; S. 2094. An act for the relief of C. P. Dryden ; S. 2139. An act for the relief of William W. Green, warrant

officer, United States Army; S. 2242. An act for the relief of Mark .J. White; s. 2700. An act to amend the naval record of Frank H.. Wil

son, alias Henry W encel ; s. 2722. An act for the relief of the Muscle Shoals, Birming

ham & Pensacola Railroad Co., the successor in interest of the receiver of the Gulf, Florida & Alabama Railway Co.;

S. 3110. An act to authorize certain officers of the United States Navy to accept from the Republic of Haiti the medal of honor and merit;

S. 3464. An act authorizing certain officers of the United States Navy to accept from the Republic of Chile the order Al Mffi.·ito;

S. 4287. An act amending section 3 of the act approved .January 12, 1923, entitled "An act to distribute th~ commissioned line and engineer officers of the Coast Guard lD grades, and for other purposes " ;

S. 4405. An act for the relief of Farrah Dane Ricltardson ; S. 4558. An act to provide a method for compensating persons

who ·offered property damage or personal injury due to the explosions at the naval ammunition depot, Lake Denmark, N. J., July 10, 1926 ;

S. 4622. An act to authotize CapU:1. Walter S. Crosley and Paul P. Blackburn, United States Navy, to accept certain medals from the Republic of China ;

S. 4841: An act for the relief of Samuel J. Leaphart; S. 5415. An act for the relief of Roswell H. Bancroft ; S. 5466. An act for the relief of the Citizens' National Bank,

of Petty, T&. ; and S. 5539. An act to authorize and direct the Comptroller Gen

eral to settle and allow the claims of E. A. Goldenweiser, Edith M. Furbush, and Horatio_ M. Pollock for services rendered to the Department of Commerce.

BILLS AND JOINT RESOLUTION INTRODUCED

Bills and a joint resolution were introduced, read the first time, and, by unanimous consent, the second time, and referred as fo-llows :

By Mr. PHIPPS : A bill (S. 5821) to suspend the issuance of water-power per

mits and licenses on the Colorado River until ratification of the Colorado River compact, and for other purposes; to the Committee on Irrigation and Reclamation.

Ry Mr. WILLIS : A bill (S. 5822) granti.ng the consent of Congress to the city

of Youngstown, Ohio, its successors and assigns, to construet, maintain, and operate a bridge across the Mahoning Rive:r; to the Committee on Co~erce.

LXVIII-309

By Mr. COPELAND : A joint resolution ( S. J. Res. 170) to commemorate the on&

hundred and fiftieth anniversary of the signing at Paris of the treaty of alliance between France ~nd the United States; to the Committee on the Library.

NEW MEXICO COLLEGE OF AGRICULTURE AND MECHANIC ARTS

.1\lr. BRATTON. Mr. President, · during tne present session of Congress Senate bill 4910 pas ed and is now pending before the President. It grant& certain lands to the State of New Mexico for the College of Agricult~e and l\lechanic Arts for agricultural purposes. It has been discovered that an error crept into the description of the land, and I introduce a joint resolution designed to correct the description.

I ask unanimous consent to have the joint resolution considet·ed at this time.

Mr. CURTIS. Is it recommended by the department? Mr. BRATTON. It is recommended by the department and

by the committee. The joint resolution (S. J. Res. 171) correcting description

of lands granted to the State of New Mexico for the use and benefit of New Mexico College of Agriculture and Mechanic Arts, by enrolled bill S. 4910, Sixty-ninth Congress, was read the first time by its title, the second time at length, and considered as in Committee of the Whole, as follows:

Resolved, etc., That the description of lands granted to the State of New Mexico for the use and benefit of New Mexico College of .Agriculture and Mechanic Arts, for the purpose of conducting educational, demonstrative, and experimental development with livestock, grazing methods, and range forest plants, by enrolled bill S. 4910, Sixty-ninth Congress, is hereby amended to :read as follows:

All of township 20 south, range 1 east, New Mexico principal meridian, except sections 1 to 5, both inclusive ; north half of northeast quarter of section 8 ; north half and southeast quarter of section 9; all of sections 10 to 13, both inclusive ; north half, southeast quarter, and north half of southwest quarter of section 14; northeast qrnll'ter and east half of northwest quarter of section 15 ; all of section 16; northeast quarter and north half of northwest quarter of section 24 ; all of section 32 ; and all of section 36 therein ; all of township 20 south, range 1 west, New Mexico principal meridian, except sections 2, 16, 32, and 36 therein, and that part of sections 30 and 31 lying south and west of the Rio Grande ; all of the southwest quarter of southwest quarter of section 19 and all of sections 30 and 31 in township 20 south, range 2 east, New Mexico principal meridian; all of the east half of the southeast quarter and the southeast quarter of the northeast quarter of section 13 and the east half of the east half of section 24 in township 20 south, range 2 west, New :Mexico principal meridian ; all of section 1 and the east half of section 12, township 21 south, range 1 west, New Mexico principal meridian; all of township 21 south, range 1 east, New Mexico principal meridian, except sections 2, 16, 24, 25, 30, 31, 32, and 36 and the southwest quarter of the southwest quarter of section 29 therein ; and aJl ot sections 6, 7, and 18 in township 21 south, range 2 east, New Mexico principal meridian.

The joint resolution was reported to the Senate without amendment, ordered to be engrossed for a. thir reading, read the third time, and passed.

HOUSE BILL REFERRED

The bill (H. R. 3283) for the relief of William Bardel was read twice by its title and referred to the Committee on Claims.

AMENDMENT TO SECOND DEFICIENCY APPROPRIATION BILL

Mr. WADSWORTH submitted an amendment proposing to appropriate $6,166,000 for construction and installation at military posts of buildings, utilities, and appurtenances thereto, etc., intended to be proposed by him to House bill 17291, th'e second deficiency appropriation bill for the fiscal year 1927, which was referred to the Committee on Appropriations and ordered to be printed.

PENSION TO ELLA M. PI'ITS

Mr. GREENE submitted an amendment intended to be proposed by him to the bill (H. R. 16389) granting pensions and increase of pensions to certain soldiers and sailors of the Regular Army and Navy and certain soldiers and sailors of wars other than the Civil War, 8Jld to the widows of such soldiers and sailors, etc., which was ordered to lie on the table and to be printed.

OONBOLID.ATION OF RAILROADS

Mr. MAYFIELD. I submit a concur:rent resolution which I ask may lie on the table for the present.

The concurrent resolution ( S. Con. Res. 29) was read and Q!'de~e9 to lie OJ! the table, ~s follows:

4892 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 Whereas it was the purpose and intent of the Congress br enacting

section u of the transportation act of 1920 to bring about adequate and efficient transportation service through the grouping of railroads into a limited number of strong systems which would include as members the short and weak railroads ; and

Whereas large independent railroads have been and are being brought into unified systems under common ownership and/or control, either under lease or by the purchase of stock, without taking into consideration short and weak railroads that might be included in such systeiDB: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That in order that an adequate and efficient transportation service may be maintained in the United States and the weak and short-line railroads preset·ved it is hereby declared to be the policy of the Congress that there should be no acquisition of control by stock ownership, merger, consolidation, or grouping by / or of railroads into a ~ni~ed system for ownership, control, and/ or operation unless the application for such ownership and/ or control and/or operation shall make reasonable provision in the plan for the possible incorpor~tion of every short and weak line that may be in operation in the territory covered or to be covered by the proposed grouping or unification, or unless by affirmative testimony it is shown to be impossible to include such line upon reasonable terms, or unless the abandonment or operation of such line or its omission from the proposed plan is approved by order of the Interstate Commerce Commission.

RANOHO LOMAS DE SANTIAGO Mr. CAMERON submitted the following resolution (S. Res.

374), which was referred to the Committee on Public Lands and Surveys:

Resolved That the Committee on Public Lands and Surveys, or any subcommittee thereof, be, and it hereby is, authorized and directed to make a thorough investigation of and report to the Senate, on or before January 2, 1928, its findings and recommendations regarding charges that have frequently been made and continue to persist, and reports that have long been current and now prevail that a vast tract of land, known as the Rancho Lomas de Santiago, situated in the county of Orange, State of California, being within the area of the. lands ceded to the United States by the Government of Mexico, was corruptly and fraudulently turned over to and delivered into the possession of private interests, and has been held and is now held by said interests without color of title, and has been exploited and is now being exploited by said interests in violation of law.

That said committee is hereby authorized to sit and perform its duties at such times and places as it deems necessary or proper, and to require the attendance of witnesses by subprenas or otherwise; to require the production of books, papers, surveys, maps, grants, patents, and any and all other documents pertaining thereto; to employ such clerical and stenographic assistants ; and to employ stenographers to report such hearings at a cost not exceeding 25 cents per hundred words. The chairman of the committee or any member thereof may administer oaths to witnesses and sign subprenas for witnesses_ and records ; and every person duly summoned before said committee, or any subcommittee thereof, who refuses or fails to obey the process of said committee, or refuses to answer the questions pertaining to said investigation, shall be punished, as prescribed by law. The expenses of said investigation, which shall no exceed the sum of $15,000, shall be paid from the contingent fund of the Senate on vouchers of the committee or subcommittee, signed by the chairman, and approved by the Committee to Audit and Control the Contingent Expenses of the Senate.

PRESIDENTIAL APPROVALS

A message from the President of the United States by. Mr. Latta one of his secretaries, announced that the President had appro~ed and signed the following acts and joint resolution :

On February 25, 1927 : · S. 2353. An act to amend the military record of Leo J.

Pourciau; S. 2770. An act to confer United States citizenship upon cer

tain inhabitants of the Virgin Islands and to extend the naturalization laws thereto;

s. J. Res. 120. Joint resolution authorizing the acceptance of title to certain lands in Teton County, Wyo., adjacent to the winter elk refuge in said State established in accordance with the act of Congress of August 10, 1912 ( 37 Stat L. p. 293) ;

S. 545. An act for the payment of damages to certain citizens of New l\Iexico caused by reason of artificial obstructions to the :tlow of the Rio Grande by an agency of the United States;

S. 1155. An act for the relief of Margaret Richards ; S. 2090. .An act for the relief of Alfred L. Land ; S. 2474. An act for the relief of the Riverside Contracting

Co.; · S. 2619. An act for the relief of Oliver J. Larkin and Lona

Larkin; S. 4933. An act authorizing an appropriation for: public high

wars in the Virgin Islands of the United States;

S. 5082. An act authorizing an appropriation of $8,600,000 for the purchase of seed grain, feed, and fertilizer to be supplied to farmers in the cr:op-failure areas . of the United States, and for other purposes ;

S. 5585. An act to extend the time for construction of a bridge across the southern branch of the Elizabeth River, near the cities of Norfolk and Portsmouth, in the county of Norfolk, State of Virginia ;

S. 5588. An act granting the consent of Congre s to the Big Sandy & Cumberland Railroad Co. to construct, maintain, and operate a bridge across the Tug Fork of Big Sandy River at Devon, Mingo County, W. Va.;

S. 5596. An act granting the consent of Congress to Dauphin Island Railway & Harbor Co., its successors and assigns, to construct, maintain, and operate a railroad bridge and appl'Oaches thereto and/or a toll bridge across the water between the mainland at or near Cedar Point and Dauphin Island;

S. 5598. An act to extend the time for constructing a bridge across the Ohio River approximately midway between the city of Owensboro, Ky., and . Rockport, Ind. ;

S. 5620. An act granting the consent of Congress to John R. Scott, Thomas J. Scott, E. E. Green, and Baxter L. Brown, their successors and assigns, to consb:uct, maintain, and operate a bridge across the Mississippi River; and

S.l517. An act authorizing and directing the Secretary of the Treasury to pay to W. Z. Swift, of Louisa County, Va., the insurance due on account of the policy held by Harold Rogis.

On February 26, 1927 : S. 2714. An act to authorize the cancellation, under certain

conditions, of patents in fee simple to Indians for allotments held in trust by the United States; and

S. 4411. An act granting the consent of Congress to compacts or agreements between the States of South Dakota and Wyoming with respect to the division and apportionment of the waters of the Belle Fourche and Cheyenne Rivers and other streams in which such States are jointly interested.

LOWE& OOLORADO RIVER BASIN

Mr. TYSON. Mr President, I ask unanimous consent to submit an amendment to the amendment proposed by the Senator from Nebraska [Mr. NoRRis] to Senate bill 3331.

The VICE PRESIDENT. Does the Senator desire unanimous consent to dispense with the reading of the amendment?

Mr. TYSON. I submit the amendment now so that it can be taken np at the proper time. I do not ask that it be read.

The VICE PRESIDENT. Under the rule the amendment must be read. Without objection, unanimous consent is granted and the amendment will be considered as having been read.

Mr. REED of Pennsylvania. Mr. President, it is impossible on this side of the Chamber to hear a word that has been said on the other side of the aisle.

The VICE PRESIDENT. The Chair has stated that the reading of the amendment offered by the Senator from Tennesr.;ee to the Boulder dam bill can be dispensed · with by unanimous consent, and it has been so ordered.

1\Ir. TYsoN's amendment is as follows: Amendment proposed by Mr TYSON to the amendment submitted by

Mr. NORRIS prO'Vi.ding for the completion of Dam No. 2 and the steam plant at nitrate plant No. 2 in the vicinity of Muscle Shoals, Ala., and for other purposes, proposed as an amendment to Senate bill 3331. On page 4, after line 11, insert the following :

On page 4 , after line 11, insert the following : "That nothing in this act shall be construed as to request or sug

gest that the Federal Power Commission shall withhold action on applications for preliminary permits or licenses on any dam or dams in tbe Tennessee River or tributaries thereof."

Mr. SHEPPARD. Mr. President, I offer an amendment to the Boulde1· dam bill.

The VICE PRESIDENT. Does the Senator from Texas de-sire to have the amendment read? M~ SHEPPARD. Id~ The VICE PRESIDENT. The amendment will be read. The Chief Clerk read the amendment, as follows:

Amendment proposed by Mr. SHEPPARD to the bill (S. 3331) to provide for the protection and development of the lower Colorado River Basin, viz : Add a new section at the conclusion of said bill, reading as follows:

" Nothing in this act shall be construed as a denial or recognition of any existing rights, U any, in Mexico to the use of the waters of the Colorado River system, and this act shall be without prejudice to the negotiation of a treaty with Mexico all'ecting such rights."

Mr. ASHURST obtained the :tloor. Mr. TRAMMELL. Mr. President-

1927 CONGRESSIONAL RECORD-SEN ATE _48~3

The VICE PRESIDENT. Does the Senator 1'rom Arizona yield to the Senator from Florida?

Mr. ASHURST. I yield. Mr. TRAMMELL. I desire to offer an amendment to the

Boulder dam bill and have it pending. I ask that the reading of it be dispensed with.

The VICE PRESIDENT. Without objection, the reading of the amendment will be dispensed with.

Mr .. TRAMMELL's amendment is as follows: Add the following as new sections : " SEc. -. That, beginning with July 1, 1927, there shall be paid

out o! the receipt~ of the reclamation fund established under the provisions of the reclamation act of June 17, 1902 (32 Sta~. p. 388), the sum of $2,000,000. per annum into a special fund In the Treasury of the United States, to be known as the reclamation guaranty fund, until such reclamation guaranty fund reaches a total of $20,000,000, to be used to reimburse the general funds of the Treasury of the United States for any costs, losses, or expenses not otherwise provided for which may be incurred under the provisions of this act. Should said reclamation guaranty fund ever become exhausted In the payment of obligations incurred under the provisions of this act, then from such time the sum of $1,000,000 shall be pald each year out of the receipts of the reclamation fund until such reclamation guaranty fund again reaches the sum of $20,000,000.

" SEc. -. That when the Secretary of the Interior, pursuant to the provisions of the reclamation act of June 17, 1902, and acts amendatory thereof and supplementary thereto, hereinafter referred to as the reclamation law, and the provisions of this act, shall have determined that the construction of a project or unit of a project for the reclamation of arid and semiarid lands or the drainage of waterlogged lands within the States covered by the reclamation law is practicable and advisable, or if be shall determine that any project for the drainage of any swamp lands in any of the States of the Union is practicable and advisable, and shall have approved of the construction thereof under the pt·ovisions of this act, the Secretary of the Interior is authorized to enter into contract or contracts within an irrigation or drainage district or districts, including such lands, which are duly organized under the laws of the State or States in which such lands are located, and thereafter to provide for the construction of the necessary works under the pt·ovisions of this act for the reclamation of such lands. The provisions of this net shall also apply to any irrigation or drainage district which may desire its existing works to be completed or extended.

.. -Where the contract between the United States and the irrigation or drainage district shall so provide, a period of not to exceed seven y~rs nfter the date of such contract may be regarded as the construction period of the project, during which any Interest payments falling due on bonds or certificates may be paid out of the special project fund in the same manner as any other construction expenses ; in such case the estimates of the construction cost and the amount of the bonds and certificates issued iil connection therewith shall provide for such expenses. The construction with any such district may also provide for credits to individual landowners on the amounts due trom them to the district, corresponding to the appraised value of such portions of their lands as they may convey to the United States. The Secretary of the Interior may contract with such individual landowners for the conveyanc<! to the United States of such land free of encumbrances. The appraisals shall be made by persons appointed by the Secretary for that purpose, and the appraisal shall be subject to his approval. The Secretary of the Interior is hereby authorized to accept title to such

' land on behalf of the United States, and shall sell the same in such manner and under such conditions as he may deem desirable. The Secretary of the Interior is hereby authorized to convey title to the land so sold by deed containing such limitations and conditions as he shall

· deem proper. All net receipts from such lands when sold by the United States shall be covered into the Treasury of the United States as a payment on the bonds of the district deposited in the Treasury.

"SEc. -. That when such district or districts shall have duly author-ized and issned bonds in accordance with State irrigation or aralnage laws bearing interest at a rate that is approved and accepted by the Secretary of the Interior 1n sufficient amount to cover the cost of such project as estimated by the Secretary of the Interior, and the legality and validity of such bond issue shall have been duly confirmed by the courts in the manner provided by the State laws and upon execution of contracts between the district or districts and the Secretary of the Interior, be is authorized to accept such bonds and deposit the same with the Secretary of the Treasury, who shall collect the principal and Interest thereof and apply the same to the payment of the principal and interest of the certificates of indebtedness hereinafter authorized : Provided, That the total face value or such irrigation or drainage district bonds accepted by the Secretary of the Interior shall not for any one project exceed the sum of $25,000,000.

" Smc. -. That upon the receipt by the Secretary of the Treasury of such district bonds he shall issue certificates of indebtedness of the United States tn amount equal to the face valne of such district bonds

+

and bearing interest at the same rate in such form as be may prescribe and in denominations of $50 or multiples thereof, the principal and interest to be payable in gold coin of the United States, the principal and interest thereof to become due not less than 60 days after the due date of the principal and Interest of the corresponding district bonds, respectively. Such certificates of indebtedness shall run for the same period as the corresponding district bonds, not exceeding, however, 50 years.

" SEc. -....;, That from time to time, as funds may be reqnired by the Secretary of the Interior for construction purposes, such certificates of indebtedness shall be disposed of by the Secretary of the Treasury, under such rules and regulations as he may prescribe, gi"Ving all citizens of the United states an equal opportunity to subscribe therefor, but no commission shall be allowed, and the aggregate issue of such certificates shall not exceed the amount of the district bonds deposited wlth the Secretary of the Treasury and shall in no event exceed the sum of $25,000,000 for any one project, and the proceeds from the sale of such certificates of indebtedness shall be deposited in a special project fund to be used in carrying out the provisions of this act for said project.

"SJiiC. -. That any and all moneys that may at any time hereafter be in the Treasury to the credit of any such project fund are hereby appropriated for carrying out the objects and purposes of this act. The Secretary of the Interior is hereby authorized to expend the moneys in any such project fund for constructing the necessary works in the same manner and under the same conditions as expenditures are provided for in the said reclamation law, which shall be applicable to the said works in all respects, except as herein specifically modified. The Secretary of the Interior may accept money from any organization designed to promote irrigation or drainage in any area for such Investigations as he may deem ad:vlsable. Such funds shall be used in the same manner as other funds available under this act, and if collected by the Secretary of the Interior as part of the charges, may be reimbursed to the same .organization or such other as he may find authorized to receive the same.

"SEc. -. That should a surplus remain from the proceeds of the sale of such certificates of indebtedness issued in connection with any project after the construction of the works provided for in the contract or contracts, such surplus may be used in the construction of additional works in connection with said project provided for by supplemental contract or contracts, or the same may be used in the operation and maintenance of the works of the project or credited as payment of Interest on the district bonds issued on account of the said project until exhausted. All contracts hereunder with such districts shall limit the expenditures to be made by the United States to the proceeds of the certificates of .,_ndebtedness Jssued on account of bonds for such district or districts and may provide for the issue and deposit of additional bonds should the bonds originally prove insufficient in amount. If in the opinion of the Secretary of the Interior sufficient funds are available in the reclamation fund, the investigation and construction of the proposed works for the reclamation of arid or semiarid lands or the drainage of water-logged lands within the States named in the reclamation law may be paid wholly or in part out of the reclamation fund, and the said reclamation fund shall be reimbursed for any sums so used therefrom.

"SEc.-. That the certificates of indebtedness herein authorized shall be exempt from taxes or duties of the United States as well as from taxation in any form by or under the State, municipal, or local authority, and a sum not exceeding one-tenth of 1 per cent of the amount of the certificates of indebtedness issued under this act is hereby appropriated out of the said reclamation fund to pay the expense of preparing, advertising,- and issuing the same: Provided, That the reclamation fund shall be reimbursed for such expenditure out of the proceeds of the sale of such certificates of indebtedness, which expense shall be charged to the district or districts in the same manner as all other expenses in connection with the construction of the project works.

"SEC. -. That should the collection of principal or interest on any district bond issue deposited with the Secretary of the Treasury be insufficient to meet the payment of the principal or interest of the corresponding certificates of indebtedness, then the general funds oi the Treasury shall be reimbursed for any such deficiency out of the reclamation guaranty fund, and should any such defaulted bond, interest, or principal be collected after such reimbursement of the general fund, then such collection shall be credited to the said reclamation guaranty fund. On August 1 of each third year after the passage of this act there shall be covered into the reclamation fund from the reclamation guaranty fund all sums in excess of the possible obligations then existing against the latter fund during the next two fiscal years.

" SEc. -. That upon the default of any installment of the principal and Interest of any district bond so accepted and deposited, the Secretary of the Interior may declare the entire amount of such issue in default, and through the Attorney General of the United States may cause snlt to be Instituted for the collection of the amount in default of principal or Interest or the entire ~unt of such bond issue, principal and interest, and the Attorney General shall, upon request of the Secretary of the Interio~ under this act, cause proceedings to be

4894 CONGRESSIONAL RECORD-SEN ATE FEBRUARY 26 commenced for the recovery of said amounts within 90 days from the receipt of the application at the Department of Justice.

"SEC. -. That unentered public lands of the United States proposed to be irrigated or drained under any project under the provisions of this act shall be divided into farm units of areas which, in the o.pinion of the Secretary of the Interior, may be reasonably required for the support of a family upon the lands in question, and the Secretary of the Interior is hereby authorized to have such farm units appraised at their value, exclusive of the charges for water right or drainage, and

·from time to time to advertise and sell the same, in such portions or units of the project as he shall deem advisable, at public auction for cash to the highest bidder at not less than the appraised value thereof, not nwre than one farm unit being sold to any one person; and such sale shall be subject to the conditions hereinafter provided in regard to the reclamation and drainage thereof. Should any such land remain unsold at such public auction it may thereafter be sold at private sale for cash at not less than the appraised value; and should any such land remain unsold at private sale it may be reappraiSed from time to time after intervals o.f two years and sold at public auction or private sale, as in tllis section provided. The Secretary of the Interior may, in his discretion, sell such lands at deferred payments, one-fifth cash and the balance in four aunual installments bearing interest at 6 per cent per annum from the date of sale.

" SEc. -. That for lands so sold contracts of sale shall be issued

1 subject to the condition that, within two years after the date of notice by the Secretary o1 the Interior that water is available for the irrigation of such farm unit or drainage capacity is available therefor, the plll'chaset· shall have cleared (whe.re clearing is required), drained (where farm drainage is required), cultivated, prepared tor irrigation or 11grlcultural uses in the manner required by the Secretary of the In'terior, at least one-eighth of the irrigable or reclaimable acreage of such farm unit and made proof of the irrigation or drainage thereof, or bo.th if necessary, satisfactory to the Secretary of the Interior; onefourth of the irrigable or reclaimable acreage shall be so reclaimed within three years, three-eighths within four years, and one-half within five years after the date of such notice by the Secretary of the Interior. Upan proof satisfactory to the Secretary of the Interior of such reclamation of one-half of the reclaimable acreage, at any time before or after said period of five years, patent shall issue to the purchaser or his assignee holding an assignment duly filed in the local land office ; but should such purchaser or assignee fail to make such proof in any year of the reclamation of the acreage as herein required or fail to make proof of one-half the reclaimable acreage within a period of 10 years, then such contract, together with all payments made thereon shall be subject to forfeiture by the Secretary of the Interior, and th; land shall revert to the United States to be again appraised and sold in like manner as hereinbefore pr.ovided. Upon payment in full for the land and without other C()nditions than as provided in this section, patent shall issue. And upon full payment of the water right or drainage charges, or both, except the annual operation and maintenance charges thereafter becoming due, appropriate certificate shall issue.

"SEc. -. That from the money received from such sales of land the expense of appraisement and sale p!lid from the reclamation or project fund shall be deducted and the balance shall be turned into the reclamation fund, and may, in the discretion of the Secretary of the Interior, be used in the construction of the proposed projects either under this act or under the reclamation law.

"SEc. -. That the unpatented lands of the United States within the limits of any district with which contract is made by the Secretary of the Interior shall be subject to the act entitled "An act to promote the reclamation of arid lands," approved August 11, 1916 (39 Stat. p. 506).

" SEC. -. That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and eft:ect."

Mr. McKELLAR. I offer an amendment to the Boulder dam bill, and ask unanimous consent that it may be printed in the RECORD without reading.

The VICE PRESIDENT. Without objection, the reading o! the amendment will be dispensed with.

1\Ir. McKELLAR's amendment is as follows: Add the following additional sections : " SEC. -. That the act of Congress, approved June 10, 1920, creat

ing the Federal Water Power Commission, providing tor the improvement of navigation, the development of water power, and the use of the public lands in relation thereto, shall not be construed or interpreted to tmthorize and empower the Federal Power Commission to grant permits or authorize any person or corporation to survey the banks, shores, or soils of nonnavigable streams for the purpose of constructing dams and reservoirs on such streams, otherwise than upon the public lands of the United States, or to grant llcenses to construct dams, reservoirs, or other improvements, to develop water powers and use the banks, soils, and waters of said stream for private purposes

and in any way violate the soverelg-Qty and property rights of the State within which the stream is situated and the right of riparian proprietors.

" SEc. -. That the jurisdiction and power of the Federal Power Commission and other -commissions, agencies, officers, and agents or the United States to authorize the construction of dams in and upon streams and develop the water powers of streams, shall be and is confined to navigable streams, other than on the public lands, and navigable streams upon which the Congress has the power to regulate commerce and improve for navigation and transportation ot commerce, which are defined and declared to be streams and waters that are navigable in fact and used or are susceptible of being used in their ordinary condition for navigation and as highways for commerce.

" SEc. -. That so much of the act creating the Water Power Commission and ot all other acts in conilict with this act are hereby repealed."

Mr. PITTMAN. 1\Ir. President, a parliamentary inquiry. The VICE PRESIDENT. The Senator will state it. Mr. PITTMAN. Has morning business been closed? The VICE PRESIDENT. It has not. Mr. PITTMAN. I make the point of order against the Sena

tor from Arizona holding the floor unless he has something to present.

Mr. ASHURST. I have something to present. · The VICE PRESIDENT. The Senator from Arizona. 1\Ir. ASHURST. Mr. President, under the cloture motion a

vote will be taken at 1 o'clock. I am already deeply indebted to the Senate for the time given me, but I do ask unanimous consent that I may now be allowed to proceed for eight minutes and no longer.

The VICE PRESIDENT. Is there objection to the request of the Senator from Arizona?

Mr. WILLIS. I think we ought to finish morning business first. I dislike to object to the request of the Senator from Arizona, but--

Mr. ASHURST. I will withdraw the request.

PRESIDENTIAL TERMS

The VICE PRESIDENT. The Chair lays befor.e the Senate a resolution coming over from the preceding day, which will be read. ·

The Chief Clerk read the resolution (S. Res. 365), submitted by 1\Ir. LA FoLLETTE on the 22d instant, as follows:

Resolved, That it is the sense ot the Senate that the precedents established by Washington and other Presidents of the United States in retiring from the presidential office after their second term bas become, by universal concurrence, a part of our republican system ot government, and that any departure from this time-honored custom would be unwise, unpatriotic, nnd fraught with peril to our free insti· tutions.

Mr. CURTIS. 1\Ir. President, by unanimous consent the resolution is to go over and to remain on the table without prejudice.

The VICE PRESIDENT. The resolution will go over without prejudice.

FINAL REPORT OF THE QUOTA BOARD

The VICE PRESIDENT. The Chair lays before the Senate another resolution coming over from the preceding day, which will be read.

The Chief Clerk read the resolution (S. Res. 369), submitted by Mr. NEELY on the 24th instant, as follows:

Resolved, That the President be requested, if not incompatible with the public interest, to transmit to the Senate a copy of the second or final report of the quota board to the Secretary of State, the Secretary of Commerce, and the Secretary of Labor, and a copy of the joint report, if any, made thereon by the Secretary of State, the Secretary of Commerce, and the Secretary of Labor to the President, in pursuance of Section II (E) of the quota immigration restriction act of 1924.

Mr. REED of Pennsylvania. 1\Ir. President, did we not pass a similar resolution a few days ago?

Mr. CURTIS. We did not. I ask that the resolution may go over without prejudice.

The VICE PRESIDENT. Without objection, the resolution will go over without prejudice. Morning business is closed.

BUREAUS OF CUSTOMS AND PROHIBITION

Mr. WILLIS. Mr. President, I move that the Senate proceed to the consideration of Calendar No. 1235, the bill (H. R. 10729) to create a bureau of customs and a bureau of prohibition in the D-epartment of the Treasury.

Mr. BRUCE. Mr. President, I wish to be heard on that proposition.

The VICE PRESIDENT. The motion is not debatable.

1927 CONGRESSIONAL RECORD-SENATE 4895 Mr. BRUCE. I ask for the yeas and nays. Mr. EDWARDS. I suggest the absence of a quorum. The VICE PRESIDENT. The clerk will call the roll. The legislative clerk called the roll, and the following Senators

answered to their names : Ashurs t Frazier McLean Schall Bayard George McMaster Sheppard Bingham Gerry McNary Shipstead Blease Glass Mayfield Shortridge Borah Goff Means Simmons Bra tton Gooding Metcalf Smith Broussard Gould Moses Smoot Bruce Greene Neely Stanfield Cameron Hale Norbeck Steck Capper Harreld Norris Stephens Caraway Harris Nye Stewart Copeland Harrison Oddie Swanson Couzens Hawes Overman Trammell Curtis Heflin Pepper Tyson Dale Howell Phipps Underwood Deneen Johnson Pine Wadsworth Dill Jones, Wash. Pittman Walsh, Mass. Edge Kendrick Ransdell Walsh, Mont. Edwards Keyes Reed, Mo. Warren Ernst King Reed, Pa. Watson Ferris La Follette Robinson, Ark. Weller Fess Lenroot Robinson, Ind. Wheeler Fletcher McKellar Sackett Willis

Mr. JONES of Washington. I desire to announce that the senior Senator from Massachusetts [Mr. GILLETT] is detained from the Senate on account of illnes. I will let this announcement stand for the day.

The VICE PRESIDENT. Ninety-two Senators having answered to their names, a quorum is present.

The question before the Senate is the motion of the Senator from Ohio that the Senate proceed to the consideration of House bill 10729, to create a bureau of customs and a bureau of p~ohibition in the Department of the Treasury.

Mr. W ALSII of Montana. Mr. President, a parliamentary inquiry.

The VICE PRESIDENT. The Senator will state it. Mr. WALSH of Montana. I inquire what disposition· was

.made of Senate Resolution 371, submitted by me on yesterday? The VICE PRESIDENT. The resolution was referred to the

Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. McNARY. Mr. President, I rise to a parliamentary inquiry.

The VICE PRESIDENT. The Senator will state it. Mr. McNARY. Is it competent for the Chair to lay before

the Senate for consideration the veto message of the President on the farm relief bill during the time between now and 1 o'clock?

The VICE PRESIDENT. A motion to proceed to its consiueration is in order at any time. The message is on the table. There is, however, a motion before the Senate at the present time. .

Mr. JONES of Washington. I ask for the regular order. Mr. McNARY. There being a motion before the Senate, it

would not be permissible for me to make a motion to proceed to the consideration of the veto message at the present time?

The VICE PRESIDENT. The question now before the Senate is on- the motion of the Senator ~om Ohio to proceed to the consideration of House bill 10729.

The motion was agreed to ; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 10729) to create a bureau of customs and a bureau of prohibition in the Department of the Treasury.

Mr. JONES of Washington. On behalf of 21 other Senators and myself, I desire to present a privileged motion.

The 7ICE PRESIDENT. In accordance with the rule the Chair will state the motion presented by the Senator from Washington ;

We, the undersigned Senators, In accordance with the provision of Rule XXII of the Standing Rules of the Senate, move that debate be brought to a close upon House bill 10729, a bill to create a bureau of customs and a bureau of prohibition in the Department of the Treasury :

FRANK B. WILLIS. I. L. LENROOT. W. T·. J"ONES. MORRIS SHEPP.ABD. ARTHUR CAPPER. HENRY F. AslrURST.

EARLE B. MAYFIELD. Jos. E. RANSDELL,

KENNETH McKELLAR. Guy D. GOFF.

SIMEON D. FEss. W. B. PINE. F. w. GOODING. CHAS. L. McNARY. J. THOS. HEFLIN. M. M'. NEELY. RA.LPH H. CAMERON. PARK TRAMMELL.

WOODDRIDGE N. FERRIS, FREDERICK IIA.L1!1. ARTHUR R. ROBINSON. WM. ;r, HARRIS.

The motion is signed by more than 16 Senators.

Mr. JOHNSON of California obtained the floor. Mr. WILLIS. · 1\Ir. President, will the Senator yield to me to

present some amendments? . Mr. JOHNSON. I will yield for the presentation of amend

ments. Mr. WJ:LLIS.· .In accordance with the rule, I desire to pre

sent at this time eertain amendments to House bill 10729, and ask unanimous consent that they may be printed in the RrooBD and considered as read.

Mr. BRUCE. I should like to hear the amendments read. Mr. REED of Missouri. We shall have until Tuesday to have

them read. Mr. BRUCE. But I can not repress my curiosity so long. Mr. WILLIS. Very well, let the amendments be read; they

are very brief and can be read in two minutes. Mr. ASHURST. I suggest that the Senator withhold ·the

amendments. Mr. WILLIS. I will withhold the amendments if the Senator

desires. Mr. JOHNSON. I ask the Senator to withhold the amend

ments until we shall have concluded the discussion on the cloture petition on the Boulder dam bill

Mr. BRUCE. Mr. President, I waive my request. Mr. WILLIS. Then I present the amendments and ask

unanimous consent that they may be considered as read and · plinted in the RKCORD.

The VICE PRESIDENT. Without objection, the amendments will be considered as having been read and will be printed in the RECORD.

The amendments proposed by Mr. W~s are as follows:

On page 2, line 3, after the word " Treasury," insert " without regard to civil service laws."

On page 3, line 15, after the word "into," insert "or exportation of, merchandise from."

On flage 4, beginning with line 12, strike out through line 18 and insert in lieu thereof the following :

. "(b) The Secretary . of the Treasury is authorized to confer or _impose .any of such . rights, privileges, powers, and duties upon the Commissioner of Prohibition, or any of the officers or employees of the Bureau of Prohibition, and to confer or impose upon the Comlilissioner ot Internal Revenue, or 'any of the officers or empl~yees of the Bureau of Internal Revenue, any of such rights, privileges, powers, and duties

'which, in the opinio~ of the Secretary, may be necessary in connection With intel'Jlal-revenue · taxes."

On page 5, line 3, after the word " appoint," insert " in the Bureau of Prohibition."

On pag~ 5, line 11, after t]le .word " net " a~d before the period, insert "or as soon thereafter as examinations have been completed by the Civil Service Commission." .

On page 5, line 19, strike out ''July 1, 1927," and insert "April 1, 1927."

RETIREMENT OF DISABLED EMERGENCY OFFICERS

Mr. REED of Pennsylvania. Mr. President, will the Senator from California yield to me?

Mr. JOHNSON. I yield. Mr. REED of Pennsylvania. 1 preS'ent an amendment to

the emergency officers' retirement bill, which I ask to have read. It is only three words long.

The VICE PREsmENT. The clerk will read as requested. The CHIEF CLERK. On page 1, line 3, after the word "of

ficers," insert the words "or noncommissioned officers." Mr. BINGHAM. Mr. President, will the Senator from Cali-

fornia yield to me? Mr. JOHNSON. For what purpose? Mr. BINGHAM. In order that I may present an amendment. The VICE PRESIDENT. Does the Senator from California

yield to the Senator from Connecticut? 1\Ir. JOHNSON. I yield to the Senator to present an amend

ment without reading. Mr. BINGHAM. I present an amendment to the emergency

pffic'ers' retirement bill, and ask that it may be printed in the RECORD, and considered as having been read.

The VICE PRESIDENT. Without objection, the amendment will be received, considered as having been read, and be printed in the RECORD.

The amendment proposed by Mr. BINGHAM is as follows:

On page 3, strike out in line 4 the following words: "who during such service have incurred physical disability in line of duty, and who have heretofore or may hereafter be rated less than 30 per cent and more than 10 per cent permanent disability by the United States Veterans' Bureau, shall, from date of receipt of application by · the Director of the United States Veterans' Bureau," and in lieu thereof to insert the word " shall."

4896 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 ORDER OF PROCEDURE

Mr. WALSH of Massachusetts. Mr. President--The VICE PRESIDENT. Does the Senator from California

yield to the Senator from Massachusetts? Mr. JOHNSON. I yield. Mr. W ALSll of Massachusetts. I wish to make a unanimous

consent request. I ask unanimous consent that all speeches between now and 1 o'clock on the cloture rule on the Boulder dam bill be limited to five minutes. It seems to me that Senators who desire to explain their position should be accorded an opportunity to do so.

Mr. JOHNSON. Mr. President, permit me a statement, first, in that regard. I have the floor. I do not want to use it to the exclusion of my opponents. The Senator from Arizona suggested to me that he wanted 8 or 10 minutes.

Mr. ASHURST. Eight minutes. Mr. JOHNSON. The Senator from Arizona says he desires

eight minutes for the presentation of his side of this particular controversy. Forty minutes remain by the clock. I wish to give him, in accordance with the manner in which I have endeavored to act in this controversy from the first, exactly what he wants and the opportunity of presentation. I recognize, Mr. President, I have no right to farm out the time here, and I assume no such privilege at all. I can only ask, if I afford the Senator from Arizona the eight minutes he desires for the presentation of his views, that I be accorded the floor at the conclusion of his presentation.

The Senator from Nevada [Mr. PITTMAN] is anxious to submit a very brief presentation of his views, and I should like to accord him time; but I wish, Mr. President, because the motion is mine and because it is to be voted on at 1 o'clock, that during the last 20 minutes of time remaining before 1 o'clock I may have an opportunity for the presentation of views in behalf of cloture.

Mr. BRUCE. I object. Mr. ASHURST. Mr. President, I ask the Senator from Cali

fornia to yield to me for eight minutes. The VICE PRESIDENT. If the Senator from California

yields for a speech he will lose the floor and will have to take his chances on regaining it.

1\Ir. JOHNSON. Just a moment, Mr. President. I ask the Senator from Maryland does he object if I yield to the Senator from Arizona, as he desires, and that after the Senator from Arizona shall conclude I may have the floor?

Mr. BRUCE. The Senator from Massachusetts, I understood, asked unanimous consent to have the debate limited to five minutes, and I objected to that.

Now, Mr. President, a parliamentary inquiry. What is pending?

The VICE PRESIDENT. House bill 10729, to create a bureau of customs and a bureau of prohibition in the Department of the Treasury, is pending before the Senate.

Mr. BRUCE. I objected to the request for unanimous consent presented by the Senator from Massachusetts, which would limit us to a discussion of five minutes on that bill.

Mr. WALSH of Massachusetts. No, Mr. President; my request was that the debate be limited to five minutes on the question of agreeing to the cloture motion on the Boulder dam bill in order that more Senators might have an opportunity to express their views in regard to that maj:ter.

Mr. BRUCE. I will ask the Senator to excuse me; I did not understand his request.

l\Ir. WALSH of Mas ·achusetts. I think that Senators should have an opportunity to state why they are going to vote for or against cloture.

Mr. JOHNSON. Mr. President, I desire to accord to the Senator from Massachusetts just what he asks, but I do not wish to be taken from the floor under any circumstances this morning, as indicated by what has just occurred. I want the Senator from Arizona to have the full opportunity to present his case, and I want the opportunity, which I have not taken in the last few days because I have not wanted to utilize the time in the closing minutes of this debate, to present my views.

Mr. ASHURST. 1\Ir. President, will the Senator yield to me? Mr. DILL. Mr. President, will the Senator yield to me for a

question? l\!r. JOHNSON. I yield to the Senator from Washington. 1\Ir. DILL. Does not the Senator think that the proper

course would be at the conclusion of the remarks of the Senator from AriZona for the Senator from California to ask unanimous consent that he be recognized to speak for the last 20 minutes and then let the floor be open in the meantime? It seems to me that would be a proper request to make, rather than to have the Senator hold the floor.

Mr. JOHNSON. Will the Senator from Washington make that request?

Mr. DILL. Yes ; I ask unanimous consent that the Senator from California may have the last 20 minutes before 1 o'clock.

The VICE PRESIDENT. Is there objection to the request of the Senator from California to be accorded the last 20 minutes before l o'clock in the discussion of the cloture motion?

Mr. BRUCE. I object. As I understand, that matter comes up at 1 o'clock to-day, and why should it be taken up now in advance of that time?

The VICE PRESIDENT. The Senator from Maryland objects.

Mr. ASHURST. Mr. President, will the Senator from California yield to me for five minutes?

l\Ir. JOHNSON. I will yield to the Senator from Arizona for the time that is essential; what he may desire.

Mr. ASHURST. Ten minutes have gone by which we could have used in the discussion.

The VICE PRESIDENT. ·If the Senator from California yields the floor for the purpose of enabling another Senator to make a speech he will have to take his chances on the recognition of the Chair.

Mr. JOHNSON. Mr. President, would the Senator from Maryland object to my proceeding after the Senator from Arizona shall have concluded 'l

Mr. BRUCE. The Senator from Ohio has just assured us that the prohibition reorganization bill will not be taken up for discussion until Tuesday. So for all practical purposes, at any rate, that measure is no longer pending. Before the Boulder dam measure or anything else is taken up I myself should like to offer a motion or present a request to make a mea ure a special order. The bill in which the Senator from California is interested comes up at 1 o'clock in any event.

Mr. JOHNSON. Yes; but we desire to explain our attitude on the cloture rule.

Mr. ASHURST. Mr. President--The VICE PRESIDENT. Does the Senator from California

yield to the Senator from Arizona? l\lr. JOHNSON. Mr. President, when I am endeavoring to

do what I think is the fair thing to the Senator from Arizona, I appeal to the Senate to permit it to be done so that he may have the opportunity of presenting his side fairly and squarely.

Mr. ROBINSON of Arkansas. I suggest to the Senator from California that he yield to the Senator from Arizona.

Mr. JOHNSON. I am willing to do that, but I do not thereafter want to get into a wrangle over the possession of the floor. If the Senator will aid me in recovering the floor after the Senator from Arizona shall have concluded, I will be very glad to yield.

Mr. BRATTON. Mr. President, if the Senator will yield to me, I ask unanimous consent that the Senator from Arizona be permitted to speak now for 10 minutes and that the Senator from California be permitted to occupy the last 20 minutes before 1 o'clock. I believe that is fair.

Mr. BRUCE. That is acceptable to me. The VICE PRESIDENT. Is there objection to the request of

the Senator from New Mexico that the Senator from Arizona be allowed 10 minutes and the Senator from California be allowed the last 20 minutes before 1 o'clock?

Mr. BINGHAM. Before the consent is granted I merely want to ask a question. Where do those come in who have fought a long time against the emergency officers' retirement bill? In case the cloture motion on the Boulder dam bill is voted down, the next question, according to the decision of the Chair, will be the vote on cloture on the ·emergency officers' retirement bill; and those of us who have opposed that measure will find ourselves in the position of having no opportunity of presenting any reasons for or against cloture.

Mr. JOHNSON. Mr. President, I understand that the unanimous-consent request by the Senator from New Mexico [Mr. BRATTON] has been agreed to. Am I correct?

The VICE PRESIDENT. Is there objection? The Chair hears none, and the Senator from Arizona will be accorded 10 minutes and the Senator from California the last 20 minutes before 1 o'clock.

LOWER COLORADO RIVER BASIN

The Senate, as in Committee of the Whole, resumed the consideration of the bill ( S. 3331) to provide for the protection and development of the lower Colorado River Basin.

Mr. ASHURST. Mr. President, my thanks are due to my distinguished opponent, the Senator from California [Mr. JoHNSON], for allotting to me eight minutes of his time. It is seldom that I occupy the floor · by grace of another Senator. I usually prefer to use my own time.

1927 CONGRESSIONAL RECORD-_ SENATE 4891 I should also say, whilst the Vice President has been a pro- does not know where Boulder Canyon is. He has never been

nounced und open antagonist of my position on this bill, the there, and his expression on the subject is simply an ad homiVice President has dealt with me fairly and has accorded to nem argument made to influence those whom he could inme all the privileges u.nd rights to which I am entitled under :fluence. the Senate rules. :More th .. n that I need not say; less than The morning papers also announce that a distinguished citithat I could not say. I now ask permission to turn my back zen of Chicago, Mr. W. H. Thompson, has come to this city on the Pre iding Officer during this speech in order that I in a special train, with flaming Boulder dam banners attached may face the entire Senate. to his cars, and has brought with him a large number of

I shall on this occasion hold myself to the limits of circum- citizens of Chicago to urge Congress to pass the Swing-Johnson spection by an invisible but a strong wire of prudence. It bill. I accord to Mr. Thompson of Chicago, and to all other has been said that architecture is frozen music, and that citizens, the absolute, unquestioned right and privilege to statuary is crystallized spirituality. I shall adopt the aphor- petition Congress to pass this bill. It is the undoubted right of ism of the Earl of Beaconsfield, that justice is simply truth an American citizen to argue for any bill and to come here in action. We are asking for truth in action. and use any proper influence for this or any other bill ; but

The able Senator from California during the debate on this I do object when he becomes, as does Mr. Thompson, so bill went on to say that Arizona was attempting to hold up economical in his use of the truth in arguing for the bill. California citizens to the amount of $6 per horsepower for Mr. Thompson has been mayor of a great city by the lakehydroelectric energy to be generated at Boulder Canyon dam. side; a city that requires 600,000,000 gallons of potable water, I deny that Arizona is now or will attempt to hold up anyone. to wit, over 1,500 second-feet. The lake furnishes to his city The fall of the Colorado River for 300 miles through Arizona a perpetual and bounteous supply of potable water. Los Anis sharp and rapid. Hy~roelectric power and petroleum- geles claims the same amount of domestic water and says, gasoline are the great horses of God that are always on the "We are looking forward to the day when we shall have the road and that never grow weary. population of Chicago, and therefore we must have from the

California has the petroleum-gasoline; Arizona has the Colorado River 600,000,000 gallons, or 1,500 second-feet." potential hydroelectric power. We are only trying to protect We do not deny to Los Angele~ the right to water. We do our own resources and put ourselves into a position where if, not envy her growth. We only say to her, "Take your domestic in the future, Arizona sees fit to do so, she may be free to act. water from the Colorado River sufficiently high up the stream Arizona is not attempting to hold up California or any other so that you will not be required to confiscate one-third of State or any person. all the electrical power to be generated at Boulder Canyon

The Senator from California practically stated that Arizona dam to pump this domestic water 1,700 feet over a range of was asking a gift or largess. He intimated that Arizona was hills and on to Los Angeles." We invite Los Angeles to go asking a bribe. Senators, Arizona scorns all bribes and wears higher up the stream where she may send this domestic water no shackles. to Los Angeles, by gravity.

The State of Arizona says that if the Federal Government is Let me read to you, from the Saturday Evening Post, an to engage in the business of generating hydroelectric power, a article written by a gentleman who is not friendly to Arizona's sum of money equal to the taxes which would be paid if the attitude, judging from the whole article; but this is what in power site were owhed and developed by private enterprise part, he said: · ' ~hould be paid to Ariz?na. We reason by analo~y in this; for, wealth and population are small in Arizona as compared with m the case of the national forests where the timber may not California. But the percentage of growth has been very remarkable be taxed, the Fe<!eral Government pa;vs to the States 35 per cent I indeed. The State has been settled by white men and free n·om o! the gross receipts of ~e sales .of timber. In the case ~f coal, Indian disturbances a short time, comparatively speaking. All things oil, and gas, on the public domam, 37lh per cent of the mcome considered, it is doubtful if any other State has such just cause for ~om sale or lease of th~ same goe~ to the State, and the same pride. Great mining industries, large farming areas, unequaled scenic lS true of any Federal Income derived under the water pow.er attractions, good roads, excellent schools, a large State university, !1-CTt.h S to fr C lif · h el tl di ed th fiourishing cities, famous health resorts-all these have been established e ena r om a orma as oquen y scuss e ibl . . aJ h t . d 6 • . 1 f I ·a1 V ll I 1 b . if th d f or rendered access e m an amazing y s or peno o .. tune. peri s o mpen a ey. rep y y saymg e swor o , Damocles is suspended over Imperial Valley, if the waters of the Colorado River are held back only by a tricky guard of sand, that there is an avenue of relief plainly open to California. The Arizona delegation in Congress will gladly support, and I believe all other Senators and Representatives would gladly support, an appropriation to build a 1lood-control dam and proper diversion canals so that this menace to Imperial Valley, which the Senator has discussed, shall be removed. The Senator said the menace is impending and that disaster will soon overtake Imperial Valley; but, in truth, if the Boulder dam bill were to be passed it would be at least 7 years, and possibly 10 years, before any practical relief would be afforded to the people of Imperial Valley under this bill.

Let Congress pass the flood control bill as a stop-gap until the three States-Arizona, California, and Nevada-shall agree. Arizona well knew that as to the Yuma Valley she dare not wait for the Swing-Johnson bill to become a law to secure relief from fioods, so her delegation in Congre s, ably assisted by Colonel Fly, parliamentary solicitor for Yuma irrigation project, secured an appropriation of nearly $1,000,000 to hold back the waters of the Colorado River, to do levee and river-front work until some agreement could be reached.

I say to the Senator from California if the waters of wrath from the Colorado River are about to overwhelm any of his constituents, we are ready to assist you. California has but to speak in the language of diplomacy and use practical commen sense and justice and we shall aid you in transforming waters of wrath into waters of life. As long as California maintains a hard-headed attitude and a determined purpose to ride roughshod over Arizona the sword of Damocles, to our true regret, will be over your heads.

The morning papers announce that Mr. Gary, president of the Steel Trust, has seen fit to enter this controversy. I accord to Mr. Gary, as an eminent citizen of the United States, the unquestioned right as a citizen to petition the Congress to pass the Boulder Oanyon dam bill ; but I do not believe that any Senator who indulges in the luxury of reflection thinks that Mr. Gary knows anything about this bill. Mr. Gary does not know bow far it is fro~ Glen Canyon to Bridge Canyon. He

This is not from some orator who speaks as a friend of Arizona, but it is from a man writing in the Saturday Evening Post from the viewpoint of an antagonist of Arizona's position. Arizona has done these things within 20 years. This bill, we say, would stifle our hope of future growth.

In conclusion, when the land of Canaan was distributed, Caleb allotted to his daughter the tract of land called in Joshua's time "a southland."

After a tedious journey over the desert inspecting her inheritance, she returned and informed her father that the lower lands, which had been allotted to her as her inheritance, could not be nourished without upper springs ; whereupon, Caleb, with prudent foresight, gave to her the upper springs ·with which to water the netherlands.

Caleb was an expert irrigationist, whom Moses had sent out 45 years before to espy this land, and Caleb knew that the uplands could not be irrigated by nether springs. 'Arizona is arguing that since much of her lands are netherlands, she should have her own upper springs to irrigate them and give them life. •

Mr. PITTMAN. Mr. President, I ·have four minutes. I simply want to call the attention of the Senate to some undisputed facts.

The first undisputed fact is that Imperial Valley is in imminent danger of destruction in every fiood season of the Colorado River. That is not denied.

Imperial Valley is below sea level. T'be river is on a ridge above its edge. The testimony is undisputed that levees are of no advantage whatever in that case. The great floods of 1896 broke down the same kind of levees, and but for the Southern Pacific Railroad dumping its freight cars loaded with rocks into that break we would have had a lake in the whole valley to-day. There are some undisputed facts, and one of them is that only a great reservoir that will hold back the flood waters and silt can save that valley. The evidence is undisputed that the only place on the Colorado River where that can be accomplished is at Boulder dam.

What is this bill? It is contended that the bill goes into Government ownership. The!e Js no such thing m the bill.

4898 CONGRESSIONAL RECORD-SEN ATE FEBRUARY 26

The Secretary of the Interior has the right either to have the sentatives. The House has its place under the · American syselectricity distributed by distributing companies at the switch- tern of government. So has the Senate. The places are not board or to allow them to generate it from the water power ; the same. The responsibilities are not the same. The rebut in no case does the Government distribute hydroelectric quirements are not the same. Hence, the rules governing the energy. two Houses in such matters as debate should not be the same.

It is thought proper that the Government should control the The day may not be distant, however, when an indignant pubreservoir. It is testified to ·by all of the engineers that there is lie opinion, kindled by some such filibusters as now hold up a conflict between power and flood control, and therefore the the Senate to the contempt of the country, will compel the Government must decide how much water may be used for Senate to abandon its more deliberative method of procedure power, and therefore the Government must control. The Gov- in favor of that followed by the House. ernment stands as the arbiter between the States and our own If it is a fact, as has been intimated, that there is an attempt GQvernment and between the States and a foreign government. upon the part of the small groups opposing these three bills That control is absolutely essential. This reservoir is essential to get together to prevent a vote upon both by appearing to be to protection. Power and irrigation are only incidental by rea- against the principle of cloture, this will sound the death son of the necessity of this large dam. knell to open. unlimited debate in the Senate, and give impetus

This proposal is nothing on earth but the loan of this money to the movement to destroy the Senate and make this body for a moderate period of time, with a return of the principal another House of Representatives. and interest to the Government, in consideration of the Govern- I think such a day would be a dark day for the American ment having control of that particular dam forever. It does system of government. I do not want to hasten the coming not apply to any of the other dams-the 8 or 10 dams that are of that day. I do not believe Senators on this floor would laid out to be built farther up the river. They will be built by knowingly hasten the coming of that day. I appeal to them, private capital. therefore, to prove to the people of the United States that the

The only other question is the question of cloture. The Sen- will of the majority in the Senate can not be thwarted by the ate adopted the cloture rule because they found that it was willfulness of a filibuster, even in the closing hours of a short essential for the conduct of business. I want to say to Senators session of the Congress. The way to prove that is to meet now that if this two-thirds rule does not work we are going to the challenge which the filibuster against these bills and have a majority rule, and I want to say further that if we can against the right of the Senate to vote upon them has flung not make a two-thirds rule work, I will vote for a majority rule, into the face of this body day after day. The way to meet much as I think it would be unfortunate if we should have to that challenge is to meet it standing-standing for the right do it. We may be forced into that position. If we are going to of the majority to prevail over the might of a small minority use this rule for special measures an.d against other measures, banded together for the avowed purpose of a filibuster. The then we are debasing the very rule that we passed here for the alternative of the right of a majority to prevail is, I fear, expedition of business. If there ever was a measure brought about to become a control of Government to stop majority rule before this body that was entitled to have a vote on it, it is this by a combination of those opposed on principle to the cloture measure, which has been recommended by the President in his under any circumstance with those few who may be opposed message and upheld here against other important measures. to any particular bill. Now is the time to see whether or not we are going to get a Let the Senate adopt cloture and vindicate itself before the vote on it. and I think we are entitled to a vote on it. world as a deliberative body possessed both of the competence

Mr. JOHNSON. 1\Ir. President-- and the courage to legislate in orderly fashion, and in accord The VICE PRESIDENT. 'l'he Senator from California. with the will of a majority that is no less scrupulous in uphold-Mr. WALSH of Massachusetts. 1\Ir. President-- ing its own rights than it is in respecting the rights of the 1\Ir. JOHNSON. I yield to the Senator from Massachusetts. minority. Mr. WALSH of Massachusetts. Mr. President, through the I do not minimize the .great importance of the objects which

courtesy of the Senator from California I shall occupy the time the Boulder dam project and the emergency officers' retirement of the Senate for but a very few minutes to state my views upon bill and the public building bill seek to attain when I say that the pending cloture motions. the principle which the fate of these bills involve at this

Mr. President, what has happened and is happening in the moment is of even greater importance to the cause of popular Senate in these closing days makes one thing plain-so plain government. that "he who runs may read." Four cloture motions are now 1\Ir. SHORTRIDGE. 1\Ir. President, will not the Senator pending before the Senate, necessitated by filibusters or threat- bring his remarks to a close and permit my colleague to adened filibusters. A principle involving a popular right dear to dress the Senate under the unanimous-consent agreement? the heart of the American people has arisen here. It is the Mr. wALSH of Massachusetts. Mr. President, I shall vote right of a majority of their representatives in what we like to for these clotures, because I believe it has been clearly demonbelieve is "the greatest deliberative body in the world" to vote strated that a majority of this body wants to have these bills upon bills upon which honest debate has ended and against passed, that debate has ended, and that only a filibuster is which only filibusters prevail. preventing the ·action which the American people require upon

I would be the last man on this floor to approve of any inter- these bills. ference with the rights of the minority. Those rights are amply Mr. JOHNSON obtained the floor. protected by the rules of the Senate, and wisely so; but no Mr. REED of Missouri. Mr. President, will the Senator right of the minority is being protected by the filibuster against from California give me 30 Eeconds? Boulder dam, the disabled emergency officers' retirement bill, Mr. JOHNSON. Yes; certainly. and the public buildings bill. Those filibusters are a trespass . 1\Ir. REED of Missouri. I would like to reply to the speech upon the right of the majority, and therefore a trespass upon that has just been made. 1 can show that there has not been the right of the people of the United States, whom we here full debate, and I think it nnfair that the Senator from Cali· re¥~e:~~:·there was any good ground for questioning the wisdom fornia should get the last 20 minutes, and then farm it out. of the Senate in adopting limited cloture, such as is provided in There is no opportunity to reply. But nobody will be intimithe existing rule, surely the filibusters against these bills have dated by a threat of wiping out debate in the Senate. demonstrated not only to the Senate, but to the plain people of 1\Ir. GEORGE. Mr. President, may I ask the Senator from the country, the justification of cloture under certain circum- California one question?

l\Ir. JOHNSON. Yes. stances. Those circumstances, as I believe, have now arisen in Mr. GEORGE. Did the Senator from California make a the Senate. Honest debate regarding the best ways and means serious and earnest effort to have the steering committee of his of building Boulder dam and placing emergency officers of the party bring forth the Boulder dam project at an earlier date World War on an equal retirement basis with Regular Army officers ended several days ago. Those opposed to these bills are in this session? now seeking to dodge a vote by trampling under their feet the Mr. JOHNSON. I did, sir; and not only that, but before the principle which these bills present-the right of a majority of session met I appealed to every member of the steering comthe Senate to vote upon a bill upon which honest debate has been mittee in behalf of this bill. Now, I can not further yield. exhausted and against which only a defiant filibuster prevails. There are ~ut 12 minutes left.

I shall gladly stand for the principle of the right of the Mr. Pres1<1:ent, th~ hofl! is here. It is the hour of hope f~r majority to vote on the Boulder dam, the disabled emergency 65,000 Amer1cans, JUSt hke you and me,. sir, after all, or 1t officers' retirement bills and the public building bill by cast- is the hour of their despair. The hour 1s here not only for ing my vote in favor of'cloture. If cloture fails on these bills, 65,000 Americans in the ~mperial Valley, but the hou.r ~s here that failure will .,.o a lon.,. way toward encouraging the move-~ for the Senate of the Umted States to say whether 1t 1s able ment to revise th; rules of the Senate and reduce "the greatest to transact its business, and whether it is able to legislate upon deliberative body in the world " to a second House of Repre- matters that are before it.

1927--. CONGR.ESSIONAL- RECORD-' SENATE '4899 The hour· is here, finally, after eight days- of :filibustering

upon, this ~easure, when the Senate shall say whether it will· permit the measure to be voted on, for, after all, that is all that cloture a sks, and that is all that we demand.

I ask no man for his personal adherence to or his personaladvocacy of this bill. I plead with none at this instant that: he should be, as I am, in favor of this measure. .All I ask is the right-:-the right that I have just accorded to the Senator from Arizona-and that I will accord to any adversary under any circumstances the right of fair play, the right to a hearing; all I · ask is the right to have the Senate of the United States pass upon a bill that is before it, within its jurisdiction, and which has regularly come before it for its determination.

Sir, what is cloture? Some animadversions have been indulged in concerning my attitude and my change of attitude. I have no apologies to make for s tanding here invoking cloture upon this measure on behalf of Americans who are in peril. I have no apologies to make, either to the .Senate,. to my. constituents, or to anybody else; for my views; my prejudices, my present or past predilections respecting rules fade into .insignificance when weighed in the balance with the danger to the people of the Im.Perial Valley and the necessities of southern California.

Realizing those perils, knowing those necessities, my views upon cloture, every idea I might have upon Senate rules, will be thrown to the four winds if I can benefit them: and I accept the only mode by which benefit can be accorded them.

I have striven, sir, by entreaty, I have striven in precatory fashion with my fellows, to get a vote upon this bill. I have failed. I sought then the only way that has been presented in the past to break a filibuster ; I sought to maintain a quonnn for an indefinite period in this body, in the hope that maintaining that quorum would enable us finally to break down what was an admitted and a flagrant filibu ·ter.

1 failed in that. So I had recourse to the only method that was left, the method of cloture. For what is cloture, sir? Is cloture merely for the purpose of passing bills at the instance of big business with alacrity and with dispatch? Is cloture merely for the purpose of enabling public clamor bills to be put over on this body because there are outside of this body great orgtrnizations that demand legislation? Is clotUI·e merely the instrument and the weapon by which, whenever there· may. be great power and influence upon this floor, or beyon!l it, measures may be passed, and passed with rapidity and with haste? . Or, sir, is cloture for the purpose of preventing fllt'busters and enabling the Senate to transact its business and vote upon its bills?

If it be the latter, then I do not care how any Senator may stand .upon this bill; I do not care what influence may have been invoked against it; I care not who there be, in or out of this Chamber, interested in the profits of Boulder dam-if cloture is for the purpose of enabling this body to legislate and to act, then I am entitled to cloture to-day.

Beat the bill if you want when it comes upon its final passage but say not that this body, a~ter -every expedient has bee~ tried, every effort has been made, say not that this body affords no avenue by which a vote may be had upon a pending measure. Say not that a measure in behalf . of human beings, without the driving power behind it of vast interests and great wealth ean not be put to a vote in the Senate. Give it the opportunity to be heard, and in the name of justice and fair play the opportunity for a vote.

Both Senators from .Arizona are asserting here that something is being taken from .Arizona, as one of them expresses it :tlamboyantly, the jugular vein of that State is being cut. Some great wrong is being done the development of .Arizona, it is asserted, and therefore, because of their assertion that a wrong is being done them, they say you should not permit a vote upon this bill. _

Just a line of a speech of the Governor of the State of .Arizona. He said in a speech on, .August 17, 1925 :

If we have something yon want and can utilize, economic justice dictates that It be pald for. I believe -Arizona and Nevada have a definite interest in the Colorado River that receives no coW!ideration in the compact and little consideration in the discussion concerning it, nnd that is the right to derive revenue from the power developed by the harnessing of the river within our borders. I am not fully informed as to how Nevada feels about the matter, but the State of Arizona expects to derive revenue from every unit of electrical energy generated in this State tbat is utilized In otller States.

Mr. Presiden~, there is the crux of'thi~ situation, not' that .Arizona is being injured, not that Arizona's property is being taken, not that Arizona refuses, because she looks to future development, to agree that the monumental dam shall be built, but that Arizona says, "We are going to derive revenue from

eve..ry unit of electrical energy generated in this State that iS? utilized outside of this State." · Ah, sir; upon deaf ears these appeals that have been made by the Senators from Arizona should fall in the face of the. remarks and the statements that. are made by the Governor of Arizona. The claim is not for .Arizona's p..:otection, not to prevent .Arizona's developmentmerely a demand that the Government be mulcted and pay what Arizona may choose to require.

I do not like to call the Senator from Missouri to order but r think that I am entitled to the same order from him in this Chamber that he demands from everybody when he is upon his feet, and I ask, therefore, that he at least refrain from audible conversation during the. period of the few minutes that are at my disposaL .

Mr. REED of Missouri. Mr. President, is that directed to me? Mr. JOHNSON. Yes, sir. . Mr. REED of Missouri. I was not aware I was disturbing

the Senator. I have been sitting here a good many days to vote for his bill. . .

Mr. JOHNSON. Very well. Just a moment ago the Senator took a position in respect to the Senator from Massachusetts that would preclude any possibility of a vote upon my bill.

Mr. REED of Missouri. I took a position against cloture, which I have always taken, and always intend to take-

Mr. JOHNSON. I yield no further, Mr. President. The Sen-ator has stated his position in that regard. ·

Mr. REED of Missouri The Senator should not make a personal reference to another Senator and not permit a reply,

Mr. JOHNSON. I permitted a reply. . Mr. REED of Missouri. Very well. :Mr. JOHNSON. It is not, sir, in this case the opposition

of the State of .Arizona that is to be feared. That is not the opposition that is most powerful and influential upon this bill. Valiantly as the Senators from .Arizona have fought, successful as they have been thus far in the presentatiDn of their filibuster, theirs is not the opposition, after all, that is to be feared p.pon this measure. .Any one who was present during the time the Senator from Colorado was making his address upon this subject will recaU that during that period it developed that his interest was in .certain power companies that were at this very time engaged in furnishing power to southern California and the . Imperial -Valley. It is interests such as this inside and outside · this Cham-ber -that jeopardize ·this bill. These are the influences to- be feared, rather than .Arizona. ·

I observ~, sir~ my time is almost up. I have in my pocket the last appeal that is made by the Imperial Valley, by people as they have there assembled, pleading and begging this body to give them an opportunity to ·be heard.

-I unite my appeal to theirs. I beg at this time not any favor; I beg in a manner that iB untainted by any selfish IQotive of any kind or any character ; I beg just the boon of a right to vote upon this bill a.nd the determination by the Senate whether or not this· bill be passed. I plead, -sir, for these people who are so harassed and daily confront an ever-present peril. I plead for them in distress and danger. I plead for them in the closing moment that is mine. I plead for them as against the plea of Arizona, made upon this floor, the gross plea for money, for hydroelectric power. I plead for them against the speciousness and attitude of the Senator from Colorado as the largest, or one of the largest stockholders of the Southern Sierras Power Co., which expects to deal with the Boulder dam. I plead· here, sir ~, for humanity. I beg, sir, for men and women and children against money unjustly demanded by a State, an exploitation expected by a corporation. I beg for them the right of a heru-ing and the · right of a vote. *

The VICE PRESIDENT. The hour of 1 o'clock having arrived, the Chair lays before the Senate the motion for cloture on the Boulder dam bill presented by the Senator from California [Mr. JoHNSON], as follows: ·

We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, move that debate be brought to a close upon Senate bill 3331, a bill to provide for the protection and development of the lower Colorado River Basin, Calendar No. 666, and all amendments thereto.

Dated, February 24, 1927.

Signed by 16 Senators. . The Chair directs that the roll be calle<l to show a quorum

present. - . The Chief Clerk called the ·roll, and the following Senators

answered to their names: . Ashurst Bruce Dale Bayard Cameron Deneen Bingham Capper Dill Blease · Caraway Edge Borah Copeland Edwards. Bratton Couzens Ernst Broussard Curtis Fenia

Fess Fletcher Frazier George Gerry Glass Go .If

..

'

'4900 CONGRESSIONAL RECORD-SEN ATE FEBRUARY 26

Gooding McKellar Pine Greene McLean Pittman Hale McMaster Ransd~ll Harreld McNary Reed, Mo. Harris Mayfield Reed, Pa. Harrison Means Robinson. Ark. Hawes Metcalf Robinson, Ind. Heflin Moses Sackett How~ll N~ely Schall Johnson Norbeck Sheppard Jones, Wash. Norris Shipstead Kendrick Nye Shortridge Keyes Oddie Simmons King Overman Smith La Follette P~pper Smoot Lenroot Phipps Stanfield

st~ck Stephens Stewart Swanson Trammell Tyson Underwood Wadsworth Walsh, Mass. Walsh, Mont. Warren Watson Weller Wheeler Wllli:::,

Mr. BRATTON. I desire to announce that my colleague [Mr. JoNES of New Mexico] is necessarily absent on account of illness.

The VICE PRESIDENT. Ninety-one Senators having answered to their names, a quorum is present. The question before the Senate is, Is it the sense of the Senate that the debate shall be brought to a close? The clerk will call the roll.

The Chief Clerk proceeded to call the roll. Mr. FLETCHER (when his name was called). I have a gen

eral pair with the Senator from Delaware [Mr. nu PoNT]. I understand that he would Yote as I intend to vote on this matter. I vote "nay ...

Mr. BRATTON (when the name of Mr. JoNES of New Mexico was called). My colleague [Mr. JoNES of New Mexico] is necessarily absent from the Chamber on account of illness.

1\fr. UNDERWOOD (when his name was called). I have a general pair with the senior Senator from Massachusetts [Mr. GILLETT]. I am informed by his secretary that if he were present he would vote for the cloture rule which is now pending. As I desire to vote that way, I am free to vote. I vote "yea.''

The roll call having been concluded, the result was an-nounced-yeas 32, nays 59, as follows :

Capper Copeland Couzens Ferris Frazier Gooding Hale Howell

Ashurst Bayard Bingham Blease Borah Bratton Broussard Bruce Cameron Caraway Curtis Dale Deneen Dill Edge

. YEAS-32 Johnson Jones, Wash. Kendrick Len root McMast~r McNary Mayfield Means

Edwards Ernst Fess Fletcher George Gerry Glass Goff Greene Harreld Harris Harrison Hawes Heflin Keyes

Neely Norbeck Norris Oddie Pittman Sackett Schall Sheppard

NAYS-59 King La Follette McKellar McLean Metcalf Moses Nye Overman Pepper Phipps Pine Ransdell Reed, Mo. Reed, Pa. Robinson, Ark.

NOT VOTING--4

Shortridge Stanfield Tyson Underwood Wadsworth Walsh, Mass. Walsh. Mont. Warren

Robinson, Ind. Shipstead Simmons Smith Smoot Steck Stephens Stewart Swanson Trammell Watson Weller Wheeler Willis

du Pont Gi1lett Gould Jones, N.Mex. So the motion for cloture on Senate bill 3331 was rejected.

RETIREME ~T OF DISABLED EMERGENCY OFFICERS

The VICE PRESIDENT. The Chair lays before the Senate the motion for cloture of the Senator from Tennessee [Mr. TYSON], as follows:

We, the undersigned Senators, in accordance with the provisions of · Rule ~II of the Standing Rules of the Senate, hereby move that debate be brought to a close upon the pending measure (S. 3027) making eligible tor retirement, under certain conditions, officers and former officers of the Army of the United States, other than officers of the Regular Army, · who incurred physical disability in line of duty while in the service of the United States during the World War.

Signed by 28 Senators. The Chair directs that the roll be called to show a quorum. Mr. WADSWORTH. Mr. President, is it possible to offer an

amendment at this time? The VICE PRESIDENT. It is not possible at this time. Mr. BINGHAM. Mr. President, a point of order. The VICE PRESIDENT. The Senator will state it. Mr. BINGHAM. What is the bill pending before the Senate? The VICE PRESIDENT. The question pending before the

Senate at the present time is the motion for ·clohue submitted by the Senator from Tennessee [Mr. TYSON].

Mr. BINGHAM. I make the point of order that the bill pending before the Senate, on which a cloture motion should be taken, is not the bill of the Senator from Tennessee, as that is not the unfinished business.

The YICE PRESIDENT. The Chair has already ruled that n cloture petition under Rule X...''BI refers to the bill pending at the time the motion for cloture is filed.

Mr. FLETCHER. Under the rule it is also distinctly provided that if cloture is moved, that action, ipso facto, makes the bill the unfinished business.

Mr. ROBINSON of Arkansas. I think that is correct. The VICE PRESIDEl\TT. The clerk will call· the roll to

show the presence of a quorum. Mr. WADSWORTH. Mr. President, with respect to the opin

ion of the Chair a moment ago in reply to my inquiry as to whether it was possible to offer an amendment at this time, I call the attention of the Chair to the sentence in the last paragraph of Rule XXII, which reads:

Except by unanimous consent--

The VICE PRESIDENT. It comes under unanimous consent. Mr. WADSWORTH. Yes. No amendment shall be in order after the vote to bring the debate

to a close unless the same has been presented and read prior to that time.

The vote to bring debate to a close has not been taken. 1\ir. TYSON. 'Ve on this side could not hear the inquiry of

the Senator from New York. 'l'he VICE PRESIDENT. The Senator from New York will

restate his inquiry. 1\fr. WADSWORTH. I inquire of the Presiding Officer if

it is possible to offer an amendment to the bill at this moment, and I call his attention to the language of the rule, which reads :

Except by unanimous consent, no amendment shall be in order after the vote to bring the debate to a close, unless the same has been presented and read prior to that time.

Mr. TYSON. From what page of the Manual of Rules does the Senator fr.om New York read?

Mr. WADSWORTH. I am reading from page 26, the last paragraph of Rule XXII. We have not come to a vote to bring the debate to a close, and so I claim that I have a right to offer an amendment.

Mr. FLETCHER. May I suggest to the Senator from New York that be ask unanimous consent to present the amendment? I do not think there will be any objection to his doing so.

Mr. WADSWORTH. I do not think I have to ask unanimous consent.

The VICE PRESIDENT. Under the rule the motion for cloture on the retirement bill comes before the Senate at this time, and the right to present an amendment, therefore, does not now exist. The Chair so rules. The clerk will call the roll to sllow the presence of a quorum.

Mr. WADSWORTH. I ask unanimous consent that I may offer the amendment.

The VICE PRESIDENT. Is there objection? The Chair hears none. The Senator will offer the amendment.

1\Ir. ROBINSON of Arkansas. Let us have the amendment read.

The VICE PRESIDENT. The clerk will ' read the amend-ment.

The CHIEF CLERK. On page 1, line 8, it is proposed to strike out the numerals "30 " and to insert " 50" ; and on page 3, line 6, to strike out the numerals "30" and to insert "50."

1\Ir. ROBINSON of Arkansas. Will the Senator from New York state the effect of the amendment?

The VICE PRESIDENT. Is there objection to the Senator from New York stating the effect of the amendment? The Chair hears none.

Mr. WADSWORTH. Mr. President, the effect of the amendment, if adopted, would be to raise the qualifying percentage for retirement of disabled emergency officers from 30 per cent disability to 50 per cent.

Mr. BINGHAM. A parliamentary inquiry, l\Ir. President. The VICE PRESIDENT. The Senator from Connecticut will

state it. Mr. BINGHAM. Has the amendment offered by the Senator

from Utah been received and read in regular order? The VICE PRESIDEN'l.'. The amendment has been received

and read in ~egula.r order and is in order. The clerk will call the roll to ascertain the presence of a quorum.

The legislative clerk called the roll. and the following Senators answered to their names : Ashurst Bayard Bingham Blease

Borah Bratton Broussard Bruce

Cameron Capper Caraway C(lpeland

~ouzens Curtis Dale Deneen

1927 CONGRESSIONAL RECORD-SENATE . 4901 Dill Hitwes Norbeck Simmons Edge Heflin · Norris Smith Edwards Howell Nye Smoot Ernst Johnson Oddie Stanfield Ferris Jones, Wash. Overman Steck · l!'ess Kendrick Pepper Stephens lrietcher Keyes Phipps Stewart Frazier King Pine Swanson. George La Follette Pittman Trammell Gerry Lenroot RansdeJI Tyson Glass McKellar Reed, Mo. Underwood G<llf McLean Reed, Pa. Wadsworth Gooding McMaster Robinson, Ark. Walsh, Mass. Gould McNary Robinson, Ind. Walsh, Mont. Greene Mayfield Sackett Warren llale Means SchaD Watson Harreld Metcalf Sheppard Weller Harris Moses Shlpstead Wheeler Harrison Neely Shortridge Willis

The VICE PRESIDENT. Ninety-two Senators having answered to their names, a quorum is present. The question is, Is it the sense gf the Senate that debate shall be brought to a close- on Senate bill 3027, relative to the retirement of disabled emergency officers? The clerk will call the roll.

The Chief Clerk proceeded to call the roll. Mr. FLETCHER (when his .name was called). I have a gen

eral pair with the Senator from Delaware [:Mr. DU PoNT]. If he were present, he would vote "nay." I transfer that pair _to the Senator from New Mexico [Mr. JoNES] and vote" yea."

Mr. BRATTON (when the name of Mr. JoNF.S of New Mexico was called). My colleague, MJ1. JoNEs of New Mexico, is absent on account of illness. If present, he would vote "yea."

The roll call was concluded. Mr. JONES of Washington. I wish to announce the neces

sary absence of the Senator from Massachusetts [Mr. GILLET!'], due to illness. He has a general pair 'With ·the Senator from Alabama [Mr. UNDERWOOD]. · If the Senator from Massachusetts were present, he would vote " nay," and the Senator from Alabama, if present, would vote "yea."

The result was announced-yeas 51, nays 36, as follows:

Ashurst Bratton Capper Copeland Couzens Curtis Edge Ernst Ferris Fletcher Frazier Glass Golf

Bayard Bingham Blease Rorab Broussard Bruoe Cameron Caraway Dale

Gooding Hale Harris Hawes Heflin Howell Johnson . Jones, Wash. Kendrick Keyes McKellar McLean McMaster

YEAS-51 McNary Mayfield Means Neely Oddie Pittman Robinson, Ark. Robinson, Ind • Sackett Schall Sheppard Shortridge Simmons

NAYS-36 Dill Lenroot Edwards Metcalf Fess Moses George Norbeck Gerry Norris Greene Nye Harrison Overman

E:~oJlette ~~~ps NOT VOTING-8

Smith Stanfield Steck Stewart Swanson Trammell Tyson Walsh, Mass. Walsh, Mont. Watson Weller Willis

Ransdell Reed, Mo. Reed, Pa. Shipstead Smoot

~=~!r~th Warren Wheeler

Deneen Gillett Harreld Pepper du Pont Gould Jones, N. Mex. Underwood

The VICE PRESIDENT. Less than two-thirds of the Senato~s pre ent having voted in favor of the motion of the Senator from Tennessee for cloture, the motion is not agreed to.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by .Mr. Chatree, one of its clerks, announced that the House liad agreed to the amendments of the Senate to the bill (H. R. 16950) granting the consent of Congress to the department of highways and public works of the State of Tennessee to construct, maintain, and operate a bridge across the Clinch River in Hancock County, Tenn.

The message also announced that the House had disagreed to the amendments of the Senate to the bill (H. R. 17243) to authorize appropriations for cons1:!uction at military posts, and for other purposes; requested a conference with the Senate on the disagreeing votes of the two Houses thereon, and that .Mr. JAMES, Mr. HILL of Maryland, and Mr. McSwAIN were appointed managers on the part of the House at the conference.

The message further announced that the House had passed without amendment the following bills of the Senate:

S. 5722. An act to authorize the construction of new conservatories and other necessary buildings for the United States Botanic Garden ;

S. 5744. An act authorizing the Secretary of the Treasury to sell certain land to. the FU:st Baptist Church, of Oxford, N. c:;

S. 5762. An act to amend sections 4 and 5 of the aet entitled "An ~ct granting the consent Qf Congress to the Gallia C9~ty

•

Ohio River Bridge Co., and its successors and assigns, to construct a bridge across the Oluo River at or near Gallipolis, Ohio," approved May 13, 1926, as amended; and ' •

S. 5791. An act to extend the times for commencing and CO~Il:pleting the construction of a bridge across the Wabash River at the city of Mount Carmel, Ill.

ORDER OF PROC~URE

Mr. REED o'f Pennsylvania. Mr. President--The VICE PRESIDENT. The Senator from Pennsylvania. Mr. REED of Pennsylva_nia. I move that the Senate now

proceed to the consideration of Order of Business 1415, being House bill15009, known as the alien property bill.

Mr. · WALSH of Montana. Mr. President--The VICE PRESIDENT. The question is not debatable. Mr. PffiPPS. Mr. President; will the · Senator yield? I

desire to present the conference report on the District of Columbia appropriation bill.

Mr. LA. FOLLETTE. Mr. President, a parliamentary inquiry. The VICE PRESIDENT. The Senator will state it. Mr. LA. FOLLETTE. Is the motion made by the Senator

from Pennsylvania debatable? The VICE PRESIDENT. The motion of the Senator from

Pennsylvania is not debatable. Mr. BORAH.- Mr. President, another parliamentary inquiry. The VICE PRESIDENT. The Senator will state it. Mr. BORAH. Wbat becomes of the bill at 2 'o'clock if the

motion prevails? · · Mr. WARREN. Mr. President, let us complete the con

sideration of the District of Columbia appropriation . bill. It will take only a moment. ·

Mr. LA. FOLLETTE. I call for the regular order. :Mr. ROBINSON of Arkansas. ' Mr. President, ·the Senator

from Idaho asked the Chair what would become of the alien property bill at 2 o'clock'" in the event the vote should prevail to take it up now.

The VIDE _ PRESIDENT. Its consideration would stop at 2 o'clock if it is taken up now: · •

Mr. REED of Pennsylvania. It would remain the unfinished busine:ss, th9ugh; would it not?

The VICE. PRESIDENT~ It would not remain the un-finished business. '

Mr. SWANSON. Is there any unfinished business to come up at 2 o~clock? ·

The VICE' PRESIDENT. There is unfinished business. Mr. SWANSON. What is the unfinished business to come up

at 2 o'clock? Mr. LA FOLLETTE. I demand the regular order. The VICE PRESIDENT. The regular order is the considera-

tion of the motion of the Senator from Pennsylvania. 1\lr. WILLIS. Mr. President. a parliamentary inquiry. The VICE PRESIDENT. The Senator will state it. Mr. WILLIS. The bill pending before the Senate is House

bill 10729, is it not? The VICE PRESIDENT. _The unfinished business before the

Senate at the present time is the Boulder dam bill, but it has been temporarily superseded by the public buildings bill.

Mr. W AHREN. Mr. President, may we not have some understa.pding--

Mr. WILLIS. Mr. President, a parliamentary inquiry. What effect on the customs reorganization bill which is now pending before the Senate will be had if the motion of the· Senator from Pennsylvania shall be adopted?

The VlCE PRESIDENT. It will be displaced. Mr. WILLIS. Another pal"liamentary inquiry, Mr. President.

What effect will that have upon the cloture petition which has already been filed on the bill?

The VICE PRESIDENT. The Chair has held that it will have no effect on the cloture petition.

Mr. LA FOLLETTE. Mr. President, I once more demand the regular order.

Mr. PHIPPS. May I have unanimous consent for the consideration of this conference report? It is desired to send it to the House. I do not think it will take any time.

The VICE PRESIDENT. Is there objection? Mr. LA FOLLETTE. .Mr. President, I demand the regular

order. Mr. PHIPPS. This is in order. The VICE PRESIDENT. The regular order is the considera

tion of the motion of the Senator from Pennsylvania, but a request for unanimous consent is being made.

Mr. LA FOLLETTE. I object, and I demand the regular order.

The VICE PRESIDENT. The question is on the motion of the Sen~to~ ~om Pennsylvania.

,

4902 CONGRESSION .AL RECORD-SEN ATE FEBRUARY 26 Mr. REED of Pennsylvania. Mr. President, in view of the

fact that I shall have to renew my motion at 2 o'clock, I think it advisable to withdraw it at this time.

Mr. PHIPPS. Then, Mr. President, I renew my request for unanimous consent.

Mr. LA FOLLETTE. I object, Mr. President.

DISTRICT OF COLUMBIA APPROPRIATION8--CONFERENCE REPORT

Mr. PHIPPS. Mr. President, I move to take up for consideration the conference report on House bill 16800, the District of Columbia appropriation bill.

Mr. LA FOLLETTE. On that I demand the yeas and nays. The VICE PRESIDENT. The motion is not debatable.

[Putting the question.] By the sound the ayes have it. Mr. LA FOLLETTE. Yeas and nays, Mr. President. The yeas and nays were not ordered. The VICE PRESIDENT. The question is on the motion of

the Senator from Colorado. [Putting the question.] The ayes have it, and the conference report is agreed to.

Mr. REED of Missouri subsequently said: Mr. President, I do not want to criticize the Chair, and I am not going to do so at this time; but I want to ask the Chair to give the Senate time to know what is being done. There has been a great deal of confusion here in the last half hour, and at least one matter was passed without any real opportunity for the Senate even to vote viva voce on it.

I know the desire, which is a natural one, to expedite business; but I trust it will not be done so rapidly that we can not keep track of it. It will be easy enough to block any such proceeding. It is easy enough to file a motion now to ·reconsider tlie vote, and to see that votes are taken with due regard for the rights of Senators. I am not going to do it in this case, but I hope hereafter we shall proceed with a little more deliberation.

The VICE PRESIDENT. The Senator refers to the call for the yeas and nays made by the Senator from Wisconsin?

Mr. REED of Missouri. No; I refer to the action immediately afterwards. when the Chair declared the report agreed to.

PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA

Mr. LENROOT. Mr. President, I move that the Se:&ate proceed to the consideration of the House amendments to Senate bill 4663.

The VICE PRESIDENT. The question is upon the motion of the Senator from 'Visconsin that the Senate proceed to the consideration of the amendments of the House of Representatives to the public buildings bill.

Mr. KING. Let the amendments be stated. The YICE PRESIDENT. The Secretary will state the amend

ments. The Chief Clerk read the amendments of the House of Repre

sentatives to the bill ( S. 4663) authorizing the Secretary of the Treasury to acquire certain lands within the District of Columbia to be used as sites for public buildings, which were, on page 1, line 10, after " 1926," to insert " as amended " ; on page 2, line 11, after "1926," to insert "as amended"; on page 2, line

•12. after " act," to insert "as amended " ; on page 2, after line 14, to insert the following :

SEC. :l. (a) The first paragraph of section 5 of the act entitled "An act to provide for the construction of certain public buildings, and for other purposes," approved May 25, 1926, is amended to read as follows:

" SEc. 5. For the purpose of carrying out the provisions of this act the sum of $250,000,000, in addition to the amount authorized in section 3 hereof, is hereby authorized to be appropriated, but under this authorization, and from appropriations (exclusive of appropriations made for ' remodeling and enlarging public buildings '), heretofore made for the acquisition of sites for, or the construction, enlarging, remodeling. or extension of public buildings under the control of the Treasury Department, not more than $35,000,000, in the aggregate, shall be expended annually (except that any part of the balance of such sum of $35,000,000 remaining unexpended at the end of any year may be expended in any subseque.nt year without reference to this limitation) : Pt·o-.:ided, That such amount as is necessary, not to exceed $50,000,000 of the total amount authorized to be expended under the provisions of this act, shall be available for projects in the District of Columbia, and not more than $10,000,000 thereof shall be expended annually (except that any part of the balance of such sum of $10,000,000 remaining unexpended at the end of any year may be expended in any subsequent year without reference to this limitation) : Provided, That at least onefifth of the expenditures outside of the District of Columbia during the fiscal year 1927 shall be for the buildings heretofore authorized, and at least one-fifth of the expenditures for the fiscal year 1928, and at least one-fifth of the expenditures for the fiscal year 1929, shall be for a like purpose, unless a less amount shall be neeessary to complete all of such buildings : ProvideC further, That expenditures outside the District of Columbia under the provisions of this section shall not exceed the sum

of $5,000,000 annually in any one of the States, Terl'itories, or possessions of the United States."

(b) The last paragraph of such section 5 is amended by striking out "$150,000,000" and inserting in lieu thereof "$250,000,000."

And to amend the title so as to read: "Authorizing the Secretary of the Treasm·y to acquire certain lands within the District of Columbia to be used as sites for public buildings, and for other purposes."

The VICE PRESIDENT. The question is on the motion of the Senator from Wisconsin, which is not debatable.

Mr. KING. What is the motion, Mr. President? The VICE PRESIDENT. The motion is to proceed to the

consideration of the amendments of the House to the bill of the Senate which have been stated by the Secretary.

The motion was agreed to. · Mr. LENROOT. Mr. President, the amendments have been

read. I move that the Senate concur in the amendments of the House.

The VICE PRESIDENT. The question is upon the motion of the Senator from Wisconsin that the Senate concur in the House amendments.

Mr. JONES of Washington. Mr. President, I desire to ask the Senator from Wisconsin a question or two with reference to this bill. •

I note, in the report made by the Treasury Department, the estimates of cost of certain buildings, the allotments recommended from the $100,000,000 appropriation made, I think, in May, 1926. We have heard a good deal of talk heretofore about "pork barrel" legislation, especially in connection with public buildings and river and harbor improvements. I bad supposed that in the public buildings legislation we had enacted we had gotten away from that phase of public buildings questions. I confess that I did not know all about the terms of that legislation. I remember that I was very busy at the time with appropriation bills, and of course could not give it the attention that it ought to have; but I find from the report some matters that I desire to call to the attention of the Senator from Wisconsin, and ask him for any suggestions he may haye with reference to them.

I find here a list of the allotments for public buildings in the various States. I find, for instance, that one city with a population, as I understand, according to the last census, of 65,000, is allotted, for a public building, $1,025,000.

Mr. FLETCHER. What city is it? Mr. JONES of Washington. This is an interior city. I take

it there are not very many public activities there, aside from the post office. It may be that a division of the court is held there ; but I can not see any justification for allotting over a million dollars for a public building in a city of 65,000 population.

Mr. FLETCHER. What State is it in? Mr. ~ONES of Washington. I really did not intend to refer

to the States ; but it is Little Rock, Ark. Following that is another city, with a population of the same amount, in California-Sacramento, $1,250,000. I can see, of course, how we ought to have good buildings for post offices in these cities, but I do not believe that we are justified in providing buildings at that expenditure in cities of that size. There is no reflection, of course, upon the cities.

Mr. LENROOT. Mr. President, will the Senator yield? Mr. JONES of Washington. I yield to the Senator. Mr. LENROOT. It may simplify and shorten the discussion

if I call the attention of the Senator from Washington to the fact that under the existing law this matter is wholly within the control of Congress. These are nothing but estimates. Congress may reduce every one of them in the appropriation bills, or it may provide for other buildings in the appropriation bills. The law specifically so authorizes, so long as the aggregate amounts do not exceed the authorization in the law, and I want to say very frankly to the Senator that when this matter does come before the Committee on Appropriations there are several matters which should have the most careful scrutiny of the committee, and it should exercise its independent judgment upon that very proposition.

Mr. JONES of Washington. I appreciate that phase of the situation. Let me ask the Sen~tor this question. How does he expect the estimates for this public building work to come to Congress? Will they come so much for public buildings, $50,000,000-- -

Mr. LENROOT. No. Mr. JONES of Washington. Or will they come with a sepa

rate estimate for each locality? Mr. ROBINSON of Arkansas. Mr. President, will the Sena

tor yield? Mr. JONES of Washington. I yield.

1927 CONGRESSIONAL RECORD-SEN ATE .4903 Mr. ROBINSON of Arkansas. With respect to the particu

lar place to which the Senator has been referring, Little Rock, .Ark., I wish to suggest to the Senator that from the information available to me the population of that city is now .a hund1·ed thousand, and the annual postal receipts are more than $1,000,000 per annum.

Mr. JONES of Washington. I am glad, of course, to have that information ; but even so, in my judgment, that does not justify an expenditure of a million dollars for a public building. I know one city in my State with a population of one hundred and twenty-five or one hundred and thirty thousand that has a public building which, I think, cost $500,000 or $450,000.

Mr. ROBINSON of Arkansas. Will the Senator yield further?

Mr. JONES of Washington. I yield. Mr .. ROBINSON of .Arkansas. I want to say further, with

respect to the situation at Little Rock, .to which place the Senator referred a moment ago, that the Federal building in that city was constructed just following the Civil War, and the latest construction which has been had there was 49 years ago, when the population of the city was only a few thousand. I am unable to state it with even approximate accuracy. So that the place to which he referred, Little Rock, Ark., presents a peculiar illustration of a necessity for consj:ruction.

Mr. JONES of Washington. Mr. President, I do not at all question the need for a building. ' .

Mr. ROBINSON of Arkansas. The amount of rent paid by the Government in Little Rock at this time, notwithstanding the existence of the old Federal building, is more than $30,000 a year.

Mr. LENROOT. Mr. President, may I call the attention of the Senator to section 4 of the existing law?-. The Secretary of the Treasury shall submit annually and from time to time as may be required estimates to the Bureau of the Budget, in accordance with the provisions of the Budget and accounting act, 1921, showing in complete detail the various amounts it is proposed· to expend under the authority of this act during the fiscal year for which said estimates are submitted, which shall include a statement of the location of the buildings proposed to be erected, together with a limit of cost for the same.

Th-ey are to be detailed estimates. But then the act specifi.· cally provides that those estimates shall be carried out, unless the appropriations shall otherwise provide. So that it is wholly and completely within the control of Congress.

Mr. JONES of Washington. .As I understand it, the Secretary submits to the Bureau of the Budget a detailed estimate; but does the Budget Bureau submit a detailed estimate to Congress? -

Mr. LENROOT. It does. Mr. JONES of Washington. Or does it send down an esti

mate of so much for public buildings?" Mr. LENROOT. ·A detailed estimate for each public building. Mr. JONES of Washington. Does not the Senator think

that if the representatives of the Treasury Department follow these recommendations, as they very likely will, and submit the estimates to the Budget Bureau, the Budget Bureau very likely wiil send those estimates to Congress without the investigation which they really should have?

Mr. LENROOT. They may. Mr. :JONES of Washington. Of course, I know that Congress

still would have authority to cut those estimates, but the Senator knows that in matters of that kind we do not generally do so.

Mr. LENROOT. Under the old system Congress made the appropriations in the first instance without any examination.

Mr. JONES of Washington. That is true, I know, and I am glad that we have gotten away from that practice anyhow.

Mr. LENROOT. The only point I wished to make was that the matter was wholly within the control of Congress.

Mr. JONES of Washington. I know primarily that is true, but I know also what influence estimates have.

BUREAUS OF CUSTOMS AND PROHIBITION

Mr. WILLIS. Mr. President, I desire to submit a parlia-mentary inquiry.

The VICE PRESIDENT. The Senator will state it. Mr. WILLIS. Rule XXII provides in part as follows: If at any time a motion, signed by 16 Senators, to bring to a close

the debate upon any pending measure is presented to the Senate, the Presiding Officer shall at once state-the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, be shall lay the motion before the Senate and direct that the Secretary eall the roll.

My inquiry is -this : A few moments ago the Senator from Washington, according to the rule, submitted a motion for cloture on House bill 10729. In view of the fact that there is to be a session of the Senate to-morrow, I desire to submit to the Chair the inquiry as to when this cloture motion will be called up for a vote. Will it be Monday or Tuesday?

Mr. CURTIS. The session to-morrow, of course, is a special session for eulogies.

The VICE PRESIDENT. The Chair is ready to rule on the question. ·

In the ordinary business of the Senate, Sunday is not regarded as a day. The Senate adjourns from Thursday to Monday, which is four days, and if Sunday were counted as a day, it would be in violation of that provision of the Constitution which prohibits an adjournment for more than three days without the consent of the other House.

The Senate when it adjourns in the usual course of business on a Saturday adjourns until Monday, and sessions on Sundays are always by special order or motion.

A session of the Senate will be held on to-morrow for memorial exercises, and inasmuch as the rule for cloture reads "one hour after the Senate meets on the following calendar day but one," and so forth, a literal construction of the rule would require the cloture motion to be laid before the Senate on Monday next instead of Tuesday. The Ohair so holds.

CAPITALIZATION OF PUBLIC UTILITIES

. M~. WALSH of Montana. Mr. President, a parliamentary ~qmry._

The VICE PRESIDENT. The Senator will state it. Mr. WALSH of Montana. May I inquire whether there is a

unanimous-consent agreement for an executive session? The VICE PRESIDENT. There is a unanimous-consent agree

ment that the Senate shall go into executive session at 2 o'clock. Mr. WALSH of. Montana. I gave notice on yesterday that I

would addess the Senate this morning on Senate Resolution 371, sul-mitted by me on yesterday. Opportunity has not been afforded. I give noti_<::e that at . the close of the executive session this afternoon, if we shall return to legislative session I shall address the Senate ; and if no opportunity shall b~ afforded then, I shall address the Senate next week at the fi~st opportunity when I can get the floo!.

FRENCH SPOLIATION CLAIMS

1\Ir. BRUCE. Mr. President, would a request for a special order be in order at this time?

"The- VICE PRESIDENT. If the Senator from Washington will yield for that purpose, it would be.

Mr . .TONES of Washington. What does the Senator want to -ask?

Mr. BRUCE. I did not know the Senator had the floor. I ~anted to ask for the following special order :

Orderea, That Senate bill No. 62, Calendar No. 656, commonly known as the French spoliations claims bill, be made a special order immediately following the conclusion of the routine morning business on Wednesday, March 2, 1927. ·

Mr. JONES of Washington. Of course, as I understand it, if that should be granted, • it would not interfere with the cloture motion.

Mr. BRUCE. No; it would not. If it did, I promise that l would not press it.

Mr. WILLIS. Mr. President, there are Senators not here who would be inclined to object to the proposed order. I think the Senator ought to wait especially the presence of the Senator from Nebraska [Mr. HowELL]. I have not talked to him about it, and perhaps he would not object to it. .

Mr. BRUCE. Ther·e would be a quorum call. However, I do not want to interfere with the Senator from Washington, unless he yields. If it is going to lead to any discussion or any delay, I will not press it.

Mr. JONES of Washington. .As far as I am concerned, I yield to the Senator. It is entirely agreeable to me.

Mr. LENROOT. May I say to the Senator that we are sure to have unfinished business before the Senate at that time, and therefore his special order would be of no avail whatever, if he secured it.

Mr. BRUCE. There might not be any unfinished business before the Senate.

FARM RELIEF-VETO MESSAGE

Mr. McNARY. Mr. President, will the Senator from Washington yield for just 30 seconds?

Mr. JONES of Washington. I yield. Mr. MoNARY. In view of the parliamentary situation and

the special order made to go into executive session at 2 o'clock this afternoon. I shall ask the Presiding Officer or the Vice

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4904 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 President on Monday, immediately following the routine morning business, if we take an adjournment, to lay before the Senate for consideration and final action the veto of the President of the farm relief bill. ·

Mr. WILLIS. Mr. President, a parliamentary inquiry. The PRESIDING OFFICER (Mr. McLEAN in the chair).

The Senator will state it. 1\Ir. WILLIS. In view of the statement just made by the

Senator from Oregon [1\Ir. McNARY], I would like to know what the situation will be upon Monday, because the Vice President has just ruled that the cloture resolution upon House bill 10729 must come up Monday at 1 o'clock.

Mr. McNARY. I think I understand the proper interpretation of that rule. I could not get in, of course, between 12 o'clock and 1, but immediately following the vote on cloture I shall then ask that the veto message be laid before. the Senate.

l\Ir. WILLIS. I thought the Senator was asking unanimous consent.

1\Ir. BRUCE. I withdraw my request. PUBLIC BUIT.DINGS IN THE DISTRICT OF COLUMBIA

The Senate resumed the consideration of the amendments of the House of Representatives to the bill (S. 4663) authorizing the Secretary of the Treasury to acquire certain lands within the District of Columbia to be used as sites for public buildings.

Mr. JONES of Washington. Mr. Pre ident, as I stated a few moments ago, Long Beach has a population of 55,000. I take it that these population figures are taken from the last census. Many of these cities have been growing very rapidly since then, but this is the only official information we have with reference to their population. Long Beach, with a population of 55,000, is allotted $1,250,000 for a public building. I take it that there· is probably no governmental activity there except a post office, and possibly a session of the court may be held there. What justification can there be for an appropriation of $1,250,000 for a public building in a city of that size?

I do not want to reflect upon the representatives of the Treasury Department who have made the investigation and submitted recommendations of this kind. Of course, as the Senator froni Wisconsin has suggested, Congress may disregard the estimates that may be sent to us, but what must we think of our officials, who are supposed to acquaint themselves fully with the situation, who make a recommendation of $1,250,000 for a public building in a town of 55,000 population?

EXECUTIVE SESSION The PRESIDING OFli'ICER. The hour of 2 o'clock having

arrived, under the unanimous-consent agreement heretofore entered into, the Senate will now proceed to the consideration of executive business. The Sergeant at Arms will clear the galleries and close the doors.

Thereupon the Senate proceeded to the consideration of executive business. After 2 hours and 45 minutes spent in executive session the doors were reopened, and the Senate (at 4 o'clock and 45 minutes p. m.) adjourned until to-morrow, Sunday, February 27, 1927, at 10 o'clock and 30 minutes a. m.

NOMINATIONS E:xec1tti-ve nominations received by the Senate February 26, 1921

CoLLEcToR oF CusToMs Oscar E. Dahly, Duluth, Minn., to be collector of customs for

customs collection district No. 36, with headquarters at Duluth, Minn. Reappointment:

SURVEYOR OF CUSTOMS James E. Rininger, of Altoona, Pa., to be surveyor of customs

in customs collection district No. 11, with headquarters at Philadelphia, Pa., in place of J. Howard Reed, whose term of office expired July 4, 1926.

COAST GUARD OF THE UNITED STATES Commander {Engineering) Theodore G. Lewton to be a

captain {engineering), to rank as such from July 1, 1926. Lieut. Commander Fred A. Nichols tq be a commander, to

rank as such from October 26, 1926, in place of William J. Wheeler, promoted.

Lieut. (Junior Grade) Raymond V. Marron to be a lieutenant, to rank as such from July 1, 1926.

Ensign Beckwith Jordan to be a lieutenant (junior g-:-ade), to rank as such from October 24, 1926.

The above-named officers have passed the examinations required for the promotions for which they ere recommended.

To be lieutenants (junior grade) Temporary Lieut. Stewart P. Mehlman. Temporary Lieut. Robert H. Furey. Temporary Lieut. Norman .M. Nelson.

Temporary Lieut. Robert E. Hunter. Temporary Lieut. Carl E. Guisnt:ss. Temporary Lieut. Ernest B. Johnso.-1. Temporary Lieut. Paul B. Cronk. Temporary Lieut. Clarence C. Paden. Temporary Lieut. Donald G. Jacobs. Temporary Lieut. Vincent J. Charte. Temporary Lieut. Harold L. Connor. Temporary Lieut. Chester C. Childs. Temporary Ensign John P. Crowley. The above-named offic~:.·s have met the requirements for ap

pointment in the regular Coast Guard. This is in accordance with the provisions of section 5 of the act entitled "An act to readjust the commissioned personnel of the Coast Guard, and for othe1· purposes."

To be ensign Ensign (Temporary) Walter S. Anderson to be an ensign in

the Coast Guard of the United ·states, to rank as such from date of commission.

This officer has met the requirements for appointment in the regular Coast Guard.

UNITED STATES DISTRICT JUDGES Fred L. Wham, of Illinois, to be United States district judge,

eastern district of Illinois, vice George W. English, resigned. John H. McNary, of Oregon, to be United States district

judge, district of Oregon, vice Charles E. Wol\·erton, deceased. UNITED STATES ATTORNEY

Charles L. Redding, of Georgia, to be United States attorney, southern district of Georgia, vice F. G. Boatright, term expired.

UNITED STATES MARSHAL Ole Gunvaldsen, of North Dakota, to be United States mar

shal, district of North Dakota, vice Charles F. Muugett, appointed in recess.

PUBLIC HEALTH SERVICE Dr. Langdon R. 'Vhite to be assistant surgeon in the Public

Health Senice, to take effect from date of oath. Doctor WhHe has passed the examination prescribed by law and the regulations of the service.

PROMOTIONS IN THE NAVY Lieut. Commander Daniel A. McElduff to be a commander

in the Navy from the 1st day of December, 1926. Lieut. Woodbury E. Mackay to be a lieutenant commander in

the Navy from the 1st day of December, 1926. Lieut. (Junior Grade) Thomas J. Ryan, jr., to be a lieutenant

in the Navy from the 1st day of January, 1927. Ensign Eugene L. Monagin to be a lieutenant (junior grade)

in the Navy from the 8th day of June, 1926. Medical Inspector Addison B. Clifford to be a medical direc

tor in the Navy, with the rank of captain, from the 4th day of October, 1925.

Passed Asst. Surg. Robert E. S. Kelley to be a surgeon in the Navy, with the rank of lieutenant commander, from the 4th day of June, 1925.

The following-named passed assistant surgeons to be surgeons in the Navy, with the rank of lieutenant commander, from the 1st day of July, 1926:

Howard H. Montgomery. Oscar Davis. George T. Dill. The following-named dental surgeons to be dental surgeons b

the Navy, with the rank of commander, from the 28th day of August, 1926:

Emory A. Bryant. Leon Martin. Anson F. McCreary. Pharmacist Elliot R. Baker to be a chief pharmacist in the

Navy, to rank with but after ensign, from the 11th day of February, 1927.

POSTMASTERS ALABAMA

Walter T. Cowan to be postmaster at Orrville, Ala., in place of W. T. Cowan. Incumbent's commission expired December 14, 1926.

CALIFORNIA James D. Elliott to be postmaster at Placerville, Calif., in

place of J. F. Owen, resigned. Julia M. Arbini to be postmaster at Fairfax, Calif., in place of

J. l\1. Arbini~ Incumbent's commission expired January 24, 1927.

George F. Russell to be postmaster at Lakeport, Calif., in place of G. F. Russell. Incumbent's commission expires March 3, 1927. .

1927 CONGRESSIONAL RECORD-SENA_TE 4905 COLORADO

Nellie M. Connelly to · be postmaster at Hartman, Colo., in place of N. M. Connelly. Incumbent's commission .expired February 24, 1927.

FLORIDA

James E. Queen to be postmaster at Eagle Lake, Fla. Office became presidential July 1, 1926.

Maxfield Sellers to be postmaster at White Springs, Fla., in place of Maxfield Sellers. Incumbent's commission expired December 30, 1926.

IDAHO

Herbert L. Spencer to be postmaster at Paris, Idaho in place of H. L. Spencer. Incumbent's commission expired February 24, 1927.

Guy I. Towle to be postmaster at Jerome, Idaho, in place of G. I. Towle. Incumbent's commission expired January 9, 1927.

ILLINOIS

Bert W. Gillis to be postmaster at Brocton, Ill., in pl)lce of w. R. Buckler. Incumbent's commission expired April13, 1926.

Paul P. Shutt to be postmaster at Paris, Ill., in place of P. P. Shutt. Incumbent's commission expired April 21, 1926.

James A. White to be postmaster at Murphysboro, Til., in place of J. W. Gibson, deceased.

Harry R. Morgan to be postmaster at Aledo, Ill., in place of H. R. Morgan. Incumbent's commission expired January 30, 1927.

Harry Mabry to be postmaster at Vandalia, Ill., in place of Harry Mabry. Incumbent's commission expires March 3, 1927. •

INDIANA

Harvey H. Galloway to be postmaster at Cromwell, Ind., in place of H. H. Galloway. Incumbent's commission expired January 4, 1927.

· Oliver A. Potter to be postmaster at Geneva, Ind., in place of 0. A. Potter. Incumbent's commission expired December 20, 1926.

Lee H. Pillers to be postmaster at Monroeville, Ind., in place of L. H. Pillers. Incumbent's commission expired February 14, 1927.

Alfred W. Hill to be postmaster at Shelburn, Ind., in place of A. W. Hill. Incumbent's commission expires March 3, 1927.

Benjamin F. Pearson to be po~;tmaster at New Salisbury, Ind. Office became presidential January 1, 1927.

Gail M. Hennis to be postmaster at Clinton, Ind., in place of H. E. Goodwin. Incumbent's commission expired January 4, 1927.

Edna M. McDermott to be postmaster at New Point, Ind., in place of E. M. McDermott. Incumbent's commission expired December 28, 1926.

William B. Hays to be postmaster at Garrett, Ind., in place of 0. H. Betts, deceased.

Nannie E. Sparks to be postmaster at Kewanna, Ind., in place of C. J. Sparks, deceased.

IOWA

Charles E. Durrell to be postmaster at Pilot Mound, Iowa. Office became presidential July 1, 1926.

KANSAS

Harry Kinney to be postmaster at Cherryvale, Kans., in place of W. A. Briggs. Incumbent's commission expired October 7, 1925.

David A. Nywall to be postmaster at Formoso, Kans., in place of D. A. Nywall. Incumbent's commission expired December 8, 1926.

KENTUCKY

Charles A. Glascock to be postmaster at Flemingsburg, Ky., in place of C. A. Glascock. Incumbent's commission expired February 14, 1927.

William B. Timmons to be postmaster at Lebanon, Ky., in place of J. B. Wathen. Incumbent's commission expired August 20, 1923.

Edward M. Jolly to be postmaster at Mentor, Ky., in place of E. M. Jolly. Incumbent's commission expired September 12, ]J)26.

IDysses G. Willis to be postmaster at Versailles, Ky., in place of U. G. Willis. Incumbent's commission expired February 5, 1927.

Harry Beall to be postmaster at Warsaw, Ky., in place of Harry Beall. Incumbent's commission expires March 3, 1927.

James L. Blair to be postmaster at West Liberty, Ky., in place of J. L. Blair. Incumbent's commission expired May 18, 1926.

MASSACHUSETTS

Alfred E. Smith to pe postmaster at Nantucket, Mass., in place of A. T. Winslow, resigned.

Helen K. Hoxie to be postmaster at Sunderland, Mass. Office became presidential July 1, 1926.

MICHIGAN

William A. Chamberlain to be postmaster at Ontonagon, Mich., in place of I. N. Dowd, resigned.

George H. Neisler to be postmaster at Dearborn, Mieh., in place of G. H. Neisler. Incumbent's commission expired January 30, 1927.

Norman A. McDonald to be postmaster at Newaygo, Mich., in place of N. A. McDonald. Incumbent's commission expired December 8, 1926.

William H. Palmer to be postmaster at Newberry, }..1ich., in place of W. H. Palmer. Incumbent's commission expires March 3, 1927.

MINNESOTA

John S. Stensrud to be postmaster at Canby, Minn., in place of J. S. Stensrud. Incumbent's commission expired December 27, 1926.

Olga - M. Errington to be postmaster at Bellingham, Minn., in place of E. W. Nobbs, resigned.

Olga Oss to be postmaster at Hitterdal, Minn. Office became presidential July 1, 1926. · James Crane to be postmaster at Gilbert, Minn., in place of Hope Mouser, removed. •

Raymond R. Swanson to be postmaster a Bronson, Minn., in place of R. R. Swanson. Incumbent's commis ion expired August 4, 1926.

Gnnstein D. Aakhus to be postmaster at Erskine, Minn., in place of G. D. Aakhus. Incumbent's commission expil:ed December 21, 1926.

Marie C. Bergeson to be postmaster at Lake Park, Minn., in place of M. C. Bergeson. Incumbent's commission expired February 24, 1927. .

Herman 0. Hoganson to be postmaster at Perley, :Minn., in place of H. 0. Hoganson. Incumbent's commission expired August 4, 1926.

Elmer A. Peterson to be postmaster at Willmar, Minn., in place of E. A. Peterson. Incumbent's commission expired January 25, 1927.

Anna Thoennes to be postmaster at Ogema, Minn., in place of . Theodore Thoennes, deceased.

MISSISSIPPI

Anne D. Powers to be postmaster at Cary, Miss., in place of A. D. Powers. Incumbent's commission expired December 4, 1926.

J. D. Hale to be postmaster at Scott, Miss., in place of J. D. Hale, Incumbent's commission expil:ed February 24, 1927.

MISSOURI

Harry Korf to be postmaster . at South St. Joseph, Mo., in place of Harry Korf. Incumbent's commission expires March 3, 1927.

Athol J. Michener to be postmaster at St. Louis, Mo., in place of Louis Alt, deceased.

Carl C. Wilson to be postmaster at Vandalia, Mo., in place of J. S. Gatson, deceased.

MONTAl"l"A

Stephen E. Sande to be postmaster at Winifred, Mont., in place of S. E. Sande. Incumbent's commission expires March 3, 1927. .

NEBRASKA

Wilbur B. Alexander to be postmaster at Ansley, Nebr., in place of W. B. Alexander. Incumbent's commission expired December 22, 1926.

NEW JERSEY

Charles Roeltgen to be postmaster at Rochelle Park, N. J., in place of R. D. Childs, deceased.

John H. Kinkel to be postmaster at Stewartsville, N. J., in place of G. R. Stocker, resigned.

Clayton E. Green to be postmaster at Glen Gardner, N. J., in place of C. E. Green. Incumbent's commission expired February 19, 1927.

Lewis E. Matteson to be postmaster at Grantwood, N. J., in place of L. E. Matteson. · Incumbent's commission expired February 10, 1927.

Caroline A. Cowan to be postmaster at Haworth, N. J., in place of C. A. Cowan. Incumbent's commission expired December 14, 1926.

4906. CONGRESSIONAL RECORD~EN ATE FEBRUARY -26 George F. Moore to be postmaster at Oradell, N. J., in pla~

of G. F. l\Ioore. Incumbent's commission expired February 10, 1927.

Joseph R. Forrest to be postmaster at Palisades Park, N. J., in place of J. R. Forrest. Incumbent's commission expired January 30, 1927. · _· ·

George C. Reed to be postmaster at Park Ridge, N. J., in place of G. C. Reed. Incumbent's corri.mission expired February 10, 1927.

William F. Bodecker to be postmaster at Tenafly, N. J., in place of W. F. Bodecker. Incumbent's commission expired October 24, 1922.

NEW YORK

Elmer A. Arnold to be postmaster at Burdett, N. Y., in place of E. A. Arnold. Incumbent's commission expires March 3, 1927.

Elbert J. Eckerson to be postmaster at Cobleskill, N. Y., in place of E. J. Eckerson. Incumbent's commission expires March 3, 1927.

Ashmer R. Collins to be postmaster at Norwood, N . . Y .• in place of A. R. Collins. Incumbent's commission expires l\Iarch 1, 1927.

Joseph R. Wilder to be postmaster at Painted Post, N-.-Y., in place. of J. L. Chatfield, deceased.

NORTH CAROLINA

Grover C. Robbins to be postmaster at Blowing Rock, N. C., in place of G. C. Robbins. Incumbent's commission expires March 4, 1927.

Thorvald Jordeth to be postmaster at Lebanon, S. Dak., in place of I._ E. J' ackson, resigned.

Nora . Sunne to be postmaster at Wallace, S. Dak. Office · became presidential July 1., 1925.

Charles A. Olson to be postmaster at Claremont, S. Dak., in place of C. A. Olson. Incumbent's commission expired October 3, 1925. .

Joshua Trumm to be postmaster at Hayti, S. Dak., in place of Joshua Trumm. Incumbent's commission expired July 1, 1926.

Henry Swindler to be postmaster at Mitchell, S. Dak., in place of T. C. Burns, deceased.

TENNESSEE

Edna Conway to be postmaster at Mosheim, Tenn., in place of W. N. Craft, deceased. .

Belle Whittenburg to be postmaster at Ooltewah, Tenn., in place of F. M. Figgins. Incumbent's commission expired Sep· tember 22, 1926.

TEXAS

Sol Rubenstein to be postmaster at Laredo, Tex., in place of F. H. Ligarde. Incumbent's commission expired January 17, 1927.

James R. Kersey to be postmaster at Ozona, Tex., in place of J. R. Kersey. Incumbent's commission expires Marcl! 3, 1927.

, . VIRGINIA

Virgie C. Goode to be postmaster at Bassetts, Va., in place of V. C. Goode. Incumbent's commission exp~res March 2, 1927.

Joseph l\1. Carstarphen to be postmaster at Tarboro, N. C., in place of J. l\1. Carstarphen. Incumbent's commission · expired • February 19, 1927.

WEST VIBGINIA

Willard E. Hatfield to be postmaster at Williamson, W. Va., in place of 0. T. Maynard, resigned. William F. Outland to be postmaster at Woodland, N. C.,

in place of W. F. Outland. Incumbent's commission expires March 3, 1927.

NORTH DAKOTA

Chapin Hayford to be postmaster at Casselton, N. Dak., in place of Chapin Hayford. Incumbent's commission expired Februa.ry 24, 1927.

OHIO

William C. Trace to be postmaster at New Concord, Ohio, in place of J. H. McKinney. Incumbent's commission expired April 10, 1926.

Georgiana Pifer to be postmaster at Rock Creek, Ohio, in place of Georgiana Pifer. - Incumbent's commission expired January 29, 1927. ·

OKLAHOMA

Ellen K. Marchant to be postmaster at Aline, Okla.~ in place of E. K. Marchant. Incumbent's commission expires March 1, 1927.

Joseph - E. Spurrier to be postmaster at Beaver, Okla., in place of J. E. Spurrier. Ip.~umbent's commission expired June 17, 1926.

Charles M. Henry to be postmaster at Carmen, Okla., in place of C. M .. H~nry. Incumbent's commission expired August 5, 1926.

Louia M. Amick to be postmaster at Jefferson, Okla., in place of L . .M. Amick. Incumbent's commission expired June 17, i926. . Lyle H. Ball to be postmaster at Laverne, Okla., in place of L. H. Ball. Incumbent's commission expires March 3, 1927.

Elinore Jett to be postmaster at Nash, Okla., in place of Elinore Jett. Incumbent's commission expired December 4, 1926.

PENNSYLVANIA

Arthur J. Nagle to be postmaster at Allentown, Pa., in place of J. P. Fry. Incumbent's commission expires March 1, 1927.

Irvin L. Romig to be postmaster at Mertztown, Pa., in place of I. L. Romig. Incumbent's commission expires March 3, 1927.

Charles F. Armstrong to be postmaster at Leechburg, Pa., in place of S. l\1. Wray, removed.

Winfield S. Smathers to be postmaster. at Girard, Pa., in place of S. G. Williams. Incumbent's commission expires March 3, 1927.

William H. Smith to be postmaster at Valencia, Pa., in place of W. H. Smith. Incumbent's commission expires March 3, 1927.

SOUTH CABOLINA

Randal E. Haddock to be postmaster at Parris Island; S. c .. in place· of Alfred de Meurisee. jr. Incumbent's commission expired November 23, 1925.

. SOUTH DAKOTA

Ben C. Hoover to be postmaster at Gettysburg, S. Dak., in place of E. B. Toomey, removed.

William R. Toler to be postmaste~ at Mullens, W. Va .. in place of M. L. Moran, resigned.

John White to be postmaster at Glen Rogers, W. Va. Office became presidential July 1, 1926.

W. A. Hatfield to rbe postmaster at Stirrat, W. Va. Office became presidential July 1, 1926.

WISCONSIN

Edmund 0. Noel to be postmaster at Gleason: Wis., in place of E. H. Lang, resigned. _

Benjamin 0. Wall to be postmaster at Holmen, Wis., in place of B. 0. Wall. In~bent's commission expired Septemb.er 22, 1926. . - --. .

Charles L. Wolf to b~ postmaster at Sharon, Wis., in place of C. J. Kl!ilans. . Incumbent's commission expired June 5, 1924.

Fred A. Knauf to be postmaster at Sheboygan, Wis., in place of F. A. Knauf. Incumbent's commission expired August 29, m~ .

John Feutz to be postll\aster at Slinger, Wis., in place of M. E. Gensman. Incumbent's commission expired December 22. 1925.

CONFIRMATIONS

E:cecutive nominations confirmed by the Smwte Februat1J 26, 19~7

AssiSTANT SECRETARY oF STATE

William R. Castle, jr., to be an Assistant Secretary of State. Francis White, of Maryland, to be an Assisti.tnt Secretary of

State. DIPLOMATIC AND FOREIGN SERVICE

ENVOYS EXTRAORDIN .ARY AND MINISTERS PLENIPOTENTIARY

Leland Harrison to be envoy extraordinary and minister plenipotentiary to Sweden.

J. Butler Wright to be envoy extraordinary and minister plen-ipotentiary to Hungary. ·

Hugh R. Wilson to be envoy extraordinary and minister plenipotentiary to Switzerland.

UNITED STATES ATTORNEY

Lafayette French, jr., to be United States attorney, district of Minnesota.

PROMOTIONS IN THE NAVY

To be captaitns Frank B. Freyer. Harry A. Stuart. William F. Halsey, jr.

John L. Schatrer. Hugh P. LeClair.

To be commanaen

1927 - ' -

. · To ·be lieu-tenant commanders -Cornelius W. Flynn. ·- William F. Loventhal. Horace E. Burks. - ·. Milton 0. Carlson.

To be lieutenants ·_ Ray~ond C. · Percival. Leo L. Pace. Cla-rk L. Green. Willard E. Dillon.

To be lieutenant (junior grade) John R. :McKinney.

To be medicaZ directon S.amuel S. Rodman. George S. Hathaway. Edward C. White.

1.'o be medicaZ inspector 'Villard J. Riddick.

To be surgeons Russell I. Craig. Edwin Peterson. Joseph L. Schwartz.

John B. Farrior · . William W. Davies, jr.

To be passed assistant sttrueons James F. l!"innegan. I!..,rank K. Soukup.

To be dental surgeons James L. Brown. Barry W. Blaisdell.

. Eugene H. Tennent. Cornelius H. Mack. To be pay dir·ectors

Lewis W. Jennings, jr. Leon N. Wertenbaker. Harry E. Collins. William S. Zane. · John H. Gunnell. Richard B. Johnston. Kenneth C. Mcintosh.

To be pay inspector Charles E. Parsons.

To be chief boatswains Thomas 0. Kirby. Svend J. Skou. Frank H. Lemon. Vern W. McGrew. John 0. Strickland. William H. Fitldler, jr. James F. Jeter. James L. Freese.

- Edgar ;r: Hayden. ' Lyle Turner.

Albert A. Webb. 1\Iarshalll\IcN. Angleton. Victor A. Leonard. Ric'hard E. Ba wes. Milo Hazard. Kenneth C. Ingraham.

alfred Michaelis. !Ienry M. Brun. Thomas F. McDermott. Harold E. Russell.

To be chief pay clerks . Roderick C. Outten. .

William L. A. Strawbridge. MARINE CORPS

To be major Maurice S. Berry.

To be chief marine gunner Paul B. Benz.

To be chief quar-termaster clerk1 John T. Baugh. Frederick I. Van Anden.

To be chief pay clerk Judson T. Armstrong.

POSTMASTERS

COLORADO

James F. Cohig, West Portal.

John G. Ranous, Keota. Ava Rigdon, Menlo. Spencer C. Nelson, Tama.

IOWA

All:5ert L. Richards, ·west Liberty, MAINE

Ral{l'h T. Horton, Calais. MISSISSIPPI

Boward H. Smith, Duncan. Thomas F. Kirkpatrick, Hollandale. · John L. Kirby, Wlrter Valley.

MONTANA

Melvin W. Markuson, Dooley. NEBRASKA

Edward T. Best, jr., Neligh. Dayle G. Stallman, Petersburg.

LXVIII---310

r Myrtle L . .Aildersoil, Republican City . - Percy A. Brundage, Tecu-mseh.

NEW YORK

Lewis E. ·Fredenburg, Afton. William S~ White, Oriskany. William ll). Mills, Rose Hill. Francis D. Lynch, Stony Point.

NORT]l DAKOTA

- Aloysius A. Allers, Garrison .. OHIO

Cora A. Emery, Gates Mills. _ Anthony L. Stanchina, jr., Laferty.

Otha C. Burris, · London. Ge_orge R. Irwin, Upper Sandusky.

OKLAHOMA

Clyde 0. Thomas, Arapaho. Maud Cassetty, Calvin. Lillian E. Whitman, Catoosa. _ Clarence C. Werrell, Depew. James B. Sparks, Healdton. Ralph E. Bain, Hitchcock. John P. Rookstool, Hominy. ·

TEXAS

Oliver S. York, GalvestQn. Herman L. Stulken, Haflettsville .

UTAH

William T. Boyle, Beaver. WYOMING

George J. Snyder, Glendo. Edward Bottomley, Kleenburn. James E. Hamilton, Meeteetse.

WITHDRAWAL

,;.,.

E:cecutive nomination ·withdrawn from the Senate February 26, 192"1

. Mike E. Gensman to be postmaster at Slinger, in the State of Wisconsin.

. HOUSE ·oF REPRESENTATIVES SATURDAY, Feb!U<Lry ~6, 19~7

The House met at 12 o'clock noon. The Chaplam, Rev. James -Shera Montgomery, D. D., offered

the following prayer :

Speak, Lord, for Thy servants· heareth. 0 fountain ot mercy, ocean of goodness,· suffer now the light of Thy countenance to arise upon us. Teach us evermore to acknowledge Thee as our Lord and benefactor. According to Thy will, direct the work 'of our hands. · Oh, may life mean to us new promises, new riches of joy, faith, and hope. Upheld by Thee, we have a refuge which· time and its perishing accidents can not touch. Blessed Lord, rebuke us, but not in judgment; lay Thy hand upon us, but not Thy rod, and receive us again into Thy favor. Forgive us om~ sins, and may we know Thee, whom to know is 'life eternal. Through Christ. Amen.

The Journal of the proceedings of yesterday was read and approved-.

MESSAGE FROM THE SEN .ATE

· A message from the Senate, by Mr. Craven, its principal clerk, announced that the Senate had passed with amendments the following House bill, in which the concurrence of the House is requested : · H. R.17243. An act to authorize appropriations for construc

tion at military posts, and for other purposes: : . The message also announced that the Senate agrees to the

amendments of the House of Representatives to Senate bills of the following titles : . S. 179. An act for the relief of J. W. Neil ;

S. 244. An act for the relief of Elizabeth W. Kieffer; S. 2085. An act to correct the naval record of John Cronin;

and S. 2348. An act for the relief of Nick Masonich. The message also announced that the Senate had passed

Senate bills of the following titles, in which the concm;:rence of the House is requested :

S. 5362. An act to amend the Federal water power act, and for other purpo'ses ; and

1927 CONGRESSIONAL RECORD-SENATE - U.S ... CONGRESSIONAL RECORD-SENATE

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Transcript of 1927 CONGRESSIONAL RECORD-SENATE - U.S ... CONGRESSIONAL RECORD-SENATE