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PROCEEDINGS AND DEBATES

OF THE

SECOND SESSION OF THE
SEVENTIETH CONGRESS

OF

THE UNITED STATES

OF AMERICA

VOLUME LXX-PART 5

FEBRUARY 26 to MARCH 4, 1929

(Pages 4331 to 5258)

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON :1929

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PROCEEDINGS AND DEBATES OF THE SEVENTIETH CONGRESS

SECOND SESSION

SENATE

Congress and thereafter during the life of said Congress unlesg sooner

discharged by the Senate. TUESDAY, February 26, 1929

Mr. REED of Pennsylvania, Mr. President, I think the atti(Legislative day of Monday, February 25, 1929)

tude of the Senator from Nebraska in this matter is entirely The Senate reassembled at 11 o'clock a. m., on the expiration the resolutions already adopted by the Senate, but in order

fair. I have no doubt but that the committee is continued by of the recess.

that there may be no doubt in anyone's mind I am perfectly willSENATOR FROM PENNSYLVANIA

ing to have the resolution adopted, and I join with the Senator Mr. NORRIS. Mr. President, I was unable to be here yester from Nebraska in asking unanimous consent that it may be day, or I would have made the announcement then that I want considered now. to make this morning. The Senator from Arkansas [Mr. ROBINSON! very kindly resolution.

The Senate, by unanimous consent, proceeded to consider the introduced a resolution yesterday in my behalf in regard to

Mr. BLEASE. Mr. President, I do not expect to object to the the Vare investigation. My own idea is that the special committee have extended every courtesy that could possibly be ex

adoption of the resolution. But we hear a great deal of talk tended to Mr. VARE in making the investigation. They have about the Constitution. We hear nearly every day in the Senshown him every leniency and given him every accommodation ate about somebody violating the Constitution; somebody not that anyone could ask. Nevertheless, Mr. Vare is a very sick doing this and somebody not doing that. Last night we heard it man, and, of course, I, like others, sympathize with him in that in connection with the reapportionment bill and what a great condition and sincerely hope he will soon be restored to health. violation of the Constitution it is not to reapportion the country. I desire to say that while I think the Senate and the com

I would like to know where there could be a greater violation of mittee have done their full duty, nevertheless, on account of

our oaths than when we deprive the State of Pennsylvania or these conditions I do not intend to press to a final vote the reso

any other State of its representation in this body? lution which was introduced yesterday, and I shall not ask that

Pennsylvania is a sovereign State and has a right to have two it be taken up during the present session of Congress. I am

representatives in this body. I suppose I am just about as far mindful and aware of the fact that if it goes over the votes of politically from Pennsylvania as any man in the world, but I Senators who are opposed to my position in the matter will be do not think this matter should be carried over in this manner. greater in number at the next session and in the next Congress I believe we ought to be men enough to meet the issue. If we than at present. However, notwithstanding that fact, I do not

are going to let Mr. VARE have his seat, let him have it and let feel under the circumstances that I want to press the resolution

the State of Pennsylvania have her two Senators as she is during the present serious illness of Mr. VARE. Neither do I allowed to have them under the Constitution of the United see bow his presence could change the situation. He has been States. If we are not going to let Mr. VARE have his seat, then extended every privilege I believe that could possibly be ex

it is our duty to so declare in order that the State of Pennsyltended to him. But for the reasons stated I do not intend to vania may have the opportunity to fill the vacancy and have her ask the Senate to consider the resolution, although it is a privi- representation as she is allowed and as she is required to have it leged matter and I think I would have a right to force it to under the Constitution of the United States. a vote.

If the Senator from Pennsylvania, who represents his State, I desire, however, to leave no doubt about the continuance of is willing to have the resolution considered I have not any objeethe authority of the committee and about the extension of the tion, but I want to say now that Senators should quit talking resolution which has heretofore been passed giving authority about the Constitution, whether it is in reference to a half pint to the committee. I read the RECORD this morining, and I of liquor or reapportionment or whatever else it may be, as noticed that Senators yesterday expressed themselves to the long as they sit in this body and deprive the sovereign people of effect that the resolutions were still in force and effect and a sovereign State from their proper representation in this body. would so continue. But the resolution granting the extension Mr. REED of Pennsylvania. Mr. President, I feel as the does not contain one resolution that I think is very important, Senator from South Carolina does about the constitutional and that is the resolution adopted at the beginning of this sess rights of the State of Pennsylvania. but I realize that those sion of Congress krown as Senate Resolution No. 2. It is the rights are not likely to be accorded by opposing the resolution resolution which directed the present investigation so far as it submitted by the Senator from Nebraska. Therefore I hope it has gone. It is the resolution which denies to Mr. VARE the will be adopted. right to take his seat until the final determination of the case. Mr. HEFLIN. Mr. President, buying by anybody of a seat in It is the resolution which gives to Mr. Vare the right to be this body is a very serious question. The purchase of a seat present and to be heard if he desires. So I have prep:red | here as men buy seats on the stock exchange is shocking, ina resolution, for the present consideration of which I ask unani- sulting, and dangerous to our free institutions. I think the mous consent. It simply extends the life of the cominittee and sooner the Senate acts upon the Vare case the better it will be extends the life of the resolution to which I have referred. I for the Senate and for the country. Mr. VARE has either acask for its present consideration.

quired his seat corruptly or he has not. The Senate thus far The VICE PRESIDENT. The clerk will read the resolution. has denied him the right to a seat here because of the fearful The Chief Clerk read the resolution (S. Res. 341), as follows: things disclosed in the testimony. During that time the State of

Resolved, That Senate Resolutions 195, 227, 258, and 324 of the Sixty- Pennsylvania, as the Senator from South Carolina has said, has Dipth Congress and Senate Resolution 2 of the Seventieth Congress be, been represented by but one Senator in this body. and the same are hereby, continued in full force and effect and to the So, Mr. President, the Senate ought to get early action upon same extent as though herein fully set forth until the special committee

the Vare case. We all sympathize with Mr. VARE in his illness. appointed under said Senate Resolution 195 is finally discharged by I do. I served with him in the House. I like him personally. the Senate, and said special committee is hereby continued in office He is a very clever man. But we can not afford to let our symduring the interim between the final adjournment of the Seventieth pathies, our likes and dislikes for a person control our action Congress and the convening of the first session of the Seventy-first l here. The Senate must be firm and steadfast in the position

LXX

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4331

that seats in the United States Senate are not for sale, and Mr. WALSH of Montana presented the following joint mewhoever buys a seat in this body, whether he be a Democrat or morial of the Legislature of the State of Montana, which was Republican, he will not be allowed to have a seat in this body. | referred to the Committee on Agriculture and Forestry: The VICE PRESIDENT. The question is on agreeing to the

Senate Joint Memorial 4 resolution submitted by the Senator from Nebraska.

A memorial to the honorable Secretary of Agriculture of the United The resolution was agreed to.

States advocating the establishment and promulgation of grades and CALL OF THE ROLL

standards of wheat which shall take into account its protein content Mr. CURTIS. Mr. President, I suggest the absence of a

To the honorable Secretary of Agriculture of the United States: quorum.

Your memorialists, the Twenty-first Legislative Assembly of the State The PRESIDING OFFICER (Mr. Fess in the chair). The of Montana, respectfully represent that: clerk will call the roll.

Whereas the protein content of wheat is an important factor in deThe legislative clerk called the roll, and the following Senators termining its quality; and answered to their names.

Whereas the present grades and standards of wheat, as fixed by your Ashurst Edwards

honorable Secretary, are established without regard to said protein King

Sheppard
Barkley
Fess
McKellar
Shiortridge

content; and
Bayard
Fletcher
MeMaster
Simmons

Whereas

your memorialists believe that this important qualityBingham Frazier McNary Smith

determining factor should be taken into consideration as an element
Black
George
Mayfield

Smoot
Blaine
Gerry
Metcalf
Steck

entering into the establishment of grades of wheat; that if grades
Blease
Glass
Moses
Steiwer

and standards are established giving due regard to the quality of the
Borah
Glenn
Neely

Stephens
Bratton
Golf
Norbeck

wheat as determined by its protein content, such action will promote a

Swanson
Brookhart
Gould
Norris

Thomas, Idaho more uniform market for wheat throughout the United States; will
Broussard
Greene
Nye

Thomas, Okla. enable the producer thereof to obtain and the purchaser to pay the Bruce Hale Oddie

Trammell Burton

true value thereof; will eliminate the competition between millers that
Harris
Overman

Tydings
Capper
Harrison
Pine
Tyson

now arises by virtue of the fact that millers in some parts of the
Caraway
Hastings
Pittman
Vandenberg

country refuse to pay a price for wheat that is based upon its milling
Copeland
Hawes
Ransdell

Wagner
Couzens
Hayden
Reed, Mo.
Walsh, Mass.

quality as determined by its protein content, while in other parts of
Curtis
Heflin
Reed, Pa.

Walsh, Mont. the country the millers pay a premium above the regular market price Dale Johnson Robinson, Ark. Warren

for high protein wheat, and that this difference in price is reflected in Deneen Jones

Robinson, Ind. Waterman
Dill
Kendrick
Sackett
Watson

the prices of flour quoted to purchasers thereof, to the disadvantage of the
Edge
Keyes
Schall
Wheeler

miller paying the said premium ; that the establishment of such grades

and standards would prevent territorial discrimination in the prices Mr. BRATTON. My colleague [Mr. LARRAZOLO] is detained from the Chamber on account of illness. This announcement

paid producers of wheat, and would promote the raising of a better

quality of wheat, facilitate the handling thereof, and tend to establish may stand for the day.

uniform prices therefor: Therefore be it Mr. JONES. I desire to announce that the Senator from Minnesota [Mr. SHIPSTEAD] is detained from the Senate by Montana, That we do hereby memorialize the honorable Secretary of

Resolved by the Troenty-first Legislative Assembly of the State of illness.

Agriculture of the United States that he establish and promulgate Mr. WATERMAN. I wish to announce that my colleague

grades and standards of wheat, which said grades and standards shall the senior Senator from Colorado [Mr. PHIPPS) is absent from

take into account the protein content of the wheat; and be it further the Senate because of illness. I ask that this announcement

Resolved, That a copy of this memorial be forwarded to the honormay stand for the day.

able Secretary of Agriculture of the United States and to each of the Mr. BLAINE. I desire to announce that my colleague the

Senators and Representatives in Congress from Montana. senior Senator from Wisconsin [Mr. La FOLLETTI] is unavoid

Approved by J. E. Erickson, governor, February 19, 1929. ably absent. I ask that this announcement may stand for the day.

Mr. WALSH of Montana also presented a joint memorial of The PRESIDING OFFICER. Eighty-eight Senators having the Legislature of the State of Montana praying for the early answered to their names, a quorum is present.

passage of a resolution, submitted by Mr. CAPPER, directing the

Senate Interstate Commerce Committee to take immediate acPETITIONS AND MEMORIALS

tion relative to special export rates on grain, etc., which was The VICE PRESIDENT laid before the Senate the following referred to the Committee on Interstate Commerce. (See joint joint memorial of the Legislature of the State of Montana, which memorial printed in full when presented to-day by the Vice

President.) was referred to the Committee on Interstate Commerce:

Mr. BROOKHART presented the following concurrent resSenate Joint Memorial 6, memorializing the Senate of the United States

olution of the Legislature of the State of Iowa, which was for early passage of the special resolution by Senator CAPPER direct

referred to the Committee on Agriculture and Forestry: ing the Senate Interstate Commerce Committee to take immediate action relative to the special export rates on grain

House Concurrent Resolution 5 (by committee on agriculture) To the honorable Senate of the United States:

Whereas the livestock producers of this country are, from justice and

necessity, entitled to a market for the sale of their livestock which will Whereas the question of export grain rates is of paramount impor

insure most advantageous results to them, governed either by the natural tance to farm relief organizations; and

laws of competition and supply and demand or some other system equally Whereas the American price of wheat is theoretically based upon the

effective; and surplus minus the transportation charge, which results in discrimination

Whereas during the last few years there is in existence a system of against the American producer because of the fact that the Canadian

director private buying that has so expanded as to endanger, in the transportation rate is lower than that of the United States ; and Whereas the Interstate Commerce Commission has heretofore failed

opinion of many, the open competitive livestock markets which have

been built up in this country over a period of 50 years; and to take any action that might remedy this condition in spite of the

Whereas it is the opinion of the vast majority of the stock growers fact that our agricultural interests have proved that a period of depression in this basic industry exists and has become a matter of serious

that if the open competitive roarkets do not prevail the direct or private

system of buying is, as it operates to-day, dangerous to the livestock economic importance : Now therefore be it Resolved by the Legislative Assembly of the State of Montana, That we

interests of the country; and

Whereas approximately 40 per cent of the hogs now being shipped do hereby petition the Senate of the United States to take early action

to the big terminal markets are bought in the country by packing agents upon the special resolution of Senator CAPPER to the end that the Senate Committee on Interstate Commerce will give speedy relief to the

and shipped to private stockyards and by this system are kept out of the American grain growers by the adjustment and establishment of reason

competitive market : Therefore be it

Resolved, That our Representatives in Congress are hereby requested able export grain rates which will meet the competition of the Canadian

and strongly urged to conduct a thorough and fair investigation of the rates; be it further

questions of marketing livestock in all of its phases, especially with Resolved, That a copy of this memorial be transmitted by the secre

respect to the setting up of some form which will be satisfactory to tary of state of the State of Montana to the honorable Senate of the

livestock producers if the competitive market is becoming obsolete; United States and to the Senators from the State of Montana with the

such investigation to be made on a basis which will inspire confidence request that they exert every effort within their power to bring about

in the conclusions and result among the producers, the consumers, and the relief herein expressly desired.

the packers, stockyards and all other marketing agencies ; that will Approved by J. E. Erickson, governor, February 19, 1929.

tend to settle adequately the questions which have perplexed the country

and Congress so much in the past, concerning marketing problems of the H. R. 13211. An act to control the possession, sale, transfer, livestock industry ; be it further

and use of pistols and other dangerous weapons in the District Resolved, That a copy of this resolution be sent to each of our of Columbia, to provide penalties, to prescribe rules of evidence, Representatives in Congress.

and for other purposes ; J. H. JOHNSON,

H. R. 13857. An act to amend the act entitled "An act for the Speaker of the House.

relief of contractors and subcontractors for the post offices and ARCHER MCFARLAND,

other buildings and work under the supervision of the Treasury President of the Senate.

Department, and for other purposes," approved August 25, 1919, I hereby certify that the foregoing concurrent resolution was duly as amended ; adopted by the Forty-third General Assembly of the State of Iowa.

H. R. 14.149. An act to establish a national military park to A. C. GUSTAFSON,

coinmemorate the Battle of Kings Mountain; Chief Clerk of the House,

H. R. 14938. An act to provide for the use of net weights in MESSAGE FROM THE HOUSE

interstate and foreign commerce transactions in cotton, to pro

vide for the standardization of bale covering for cotton, and for A message from the House of Representatives, by Mr. Chaffee, other purposes ; one of its clerks, announced the House had passed the following H. R. 15218. An act to amend section 8 of the act entitled “An bills and joint resolution of the Senate, severally with an amend

act for preventing the manufacture, sale, or transportation of ment, in which it requested the concurrence of the Senate: adulterated or misbranded or poisonous or deleterious foods, S. 3001. An act to revise the north, northeast, and east bound

drugs, medicines, and liquors, and for regulating traffic therein, aries of the Yellowstone National Park in the States of Montana

and for other purposes," approved June 30, 1906, as amended; and Wyoming, and for other purposes;

H. R. 15656. An act to provide for the erection of monuments S. 4385. An act to establish the Teton National Park in the

at Dalton, Resaca, Cassville, and New Hope Church, in the State State of South Dakota, and for other purposes ;

of Georgia, in commemoration of these historic points and battle S. 4517. An act appropriating tribal funds of Indians residing fields of the Sherman-Johnston campaign in 1864, and to proon the Klamath Reservation, Oreg., to pay expenses of the Gen

vide for the erection of markers at other points of historic eral Council and Business Comnittee, and for other purposes;

interest along the Sherman-Johnston line of march; S. 5095. An act to amend section 1, rule 3, subdivision (e), H. R. 15727. An act to relinquish all right, title, and interest of an act to regulate navigation on the Great Lakes and their

of the United States in certain lands in the State of Washconnecting and tributary waters, enacted February 8, 1895, as ington; amended May 17, 1928;

H. R. 15850. An act authorizing the Bainbridge Island ChamS. 5255. An act for the relief of present and former post-ber of Commerce, a corporation, its successors and assigns, to masters and acting postmasters, and for other purposes; and

construct, maintain, and operate a bridge across Agate Pass S. J. Res. 201. Joint resolution restricting the Federal Power connecting Bainbridge Island with the mainland in Kitsap, Commission from issuing or approving any permits or licenses County, State of Washington ; affecting the Colorado River or any of its tributaries, except the H. R. 16036. An act to authorize the cession to the city of Gila River.

New York of land on the northerly side of New Dorp Lane in The message also announced that the House had passed the exchange for permission to connect Miller Field with the said following bills and joint resolution of the Senate, severally city's public sewer system; with amendments, in which it requested the concurrence of the II. R. 16167. An act to amend an act entitled "An act creating Senate:

the United States Court for China and prescribing the jurisS. 1168. An act to amend an act entitled "An act to authorizediction thereof” (Public, No. 403, 59th Cong.), and an act the collection and editing of official papers of the Territories of entitled "An act making appropriations for the Diplomatic and the United States now in the national archives," approved March | Consular Service for the fiscal year ending June 30, 1921 ” 3, 1925;

(Public, No. 238, 66th Cong.) ; S. 4528. An act authorizing the Secretary of the Interior to

H. R. 16170. An act authorizing Walter J. Mitchell, his heirs, employ engineers and economists for consultation purposes on

legal representatives, and assigns, to construct, maintain, and important reclamation work ;

operate a bridge across the Patuxent River south of Burch, S. 4778. An act authorizing the Moundsville Bridge Co. to con. Calvert County, Md.; struct a bridge across the Ohio River at or near the city of

H. R. 16209. An act to enable the Rock Creek and Potomac Moundsville, W. Va.;

Parkway Commission, established by act of March 4, 1913, to S. 5350. An act to amend the air commerce act of 1926 with

make slight changes in the boundaries of said parkway by exreference to the examination and rating of schools giving in- cluding therefrom and selling certain small areas, and includstruction in flying; and S. J. Res. 196. Joint resolution authorizing and requesting the ing other limiter areas, the net cost not to exceed the total sum

already anthorized for the entire project; President of the United States to take steps in an effort to pro

H. R. 16214. An act authorizing the sale of all of the interest tect citizens of the United States their equitable titles to land

and rights of the United States of America in the Columbia embraced in territory to be transferred from the State of Okla

Arsenal property, situated in the ninth civil district of Maury homa to the State of Texas and from the State of Texas to the

County, Tenn., and providing that the net fund be deposited in State of Oklahoma as per decree of the Supreme Court of the

the military post construction fund, and for the repeal of Public United States in the case of Oklahoma v. Texas (1926, 272

Law No. 542 (H. R. 12479), Seventieth Congress; U. S. 21, p. 38), and to give the consent of Congress to said

H. R. 16314. An act to amend section 198 of the Code of Law States to enter into a compact with each other and with the

for the District of Columbia ; United States relating to such subject matter.

H. R. 16349. An act authorizing V. Calvin Trice, his heirs, The message further announced that the House had passed legal representatives, and assigns, to construct, maintain, and the following bills and joint resolutions, in which it requested

operate a bridge across the Choptank River at or near Camthe concurrence of the Senate:

bridge, Mil.; H. R. 8746. An act to regulate the height and exterior design

H. R. 16393. Inact to include henceforth, under the designation and construction of public and private buildings in the National Capital fronting on or located within 200 feet of a public build- designated as those of storekeepers, gaugers, and storekeeper

"storekeeper-gaugers," all positions which have heretofore been ing or public park ;

gaugers; to make storekeeper-gaugers full-time employees, and H. R. 11476. An act to authorize the Postmaster General to

for other purposes ; impose demurrage charges on undelivered collect-on-delivery H, R. 16394. An act to authorize the l'nited States to be made parcels;

a party defendant in any suit or action which may be comH. R. 11801. An act to amend sections 726 and 727 of title 18, menced by the State of Oregon in the United States District United States Code, with reference to Federal probation offi- Court for the District of Oregon, for the determination of the cers, and to add a new section thereto;

title to all or any of the lands constituting the beds of Malheur H. R. 11802. An act establishing under the jurisdiction of the and Harney Lakes in Harney County, Oreg., and lands riparian Department of Justice a division of the Bureau of Investigathereto, and to all or any of the wiiters of said lakes and their tion to be known as the division of identification and infor- tributaries, together with the right to control the use thereof, mation;

authorizing all persons claiming to have an interest in said H. R. 11916. An act to provide for the care and preservation land, water, or the use thereof to be made parties or to interof certain land and monuments in the Washington Parish vene in said suit or action, and conferring jurisdiction on the Burial Ground (Congressional Cemetery);

United States courts over such cause;

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