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JUNE 19

The underlying principle of the proposed bill is contrary to the present law, in that the Secretary is authorized to fix and promulgate tolerances by regulation. Having once promulgated them, all that he has to do in the case of a seizure or in a case of prosecution for the penalties is to prove the promulgation of the tolerances and that the goods contain more than the tolerance so fixed.

With section 702 omitted the defendant would have no opportunity to contest the soundness of the regulation promulgating the tolerance on the facts, providing there was substantial evidence to support the Secretary's tolerance at the time of its promulgation. The Supreme Court, in the case of I. C. C. v. Union Pacific Railroad Co. (222 U. S. 541), held, with respect to a review of the reasonableness of departmental regulations under general statutes, that the court can review the law under which the administrative agency acted but cannot review the facts if it appears that there are any substantial facts to sustain the regulations. In other words, with respect to the facts, the petitioner comes before the court as on a demurrer to the evidence. In that case Justice Lamar said:

The courts will not examine the facts further than to determine whether there was substantial evidence to sustain the order.

The danger to which fruit growers would be subjected under the above situation and under the proposed law, with section 702 eliminated, was well illustrated in the spring of 1933 when, against the unanimous protest of all of the apple producers of the United States, Dr. Tugwell issued an announcement that he would seize and prosecute if he found fruit containing more than 0.014 grain of lead per pound. The growers knew they could not reach that low level and were forced to turn to other types of spray material much less efficient, or, to greatly reduce their spray program. But, even so, they still had their day in court on the facts because, as I have stated, the Secretary would have been required to prove affirmatively in each case that anything in excess of 0.014 was or might be injurious to health.

About 3 months later, or, on June 20, 1933, Secretary Wallace, in effect, raised the so-called tolerance to 0.02 grain by issuing an announcement that seizures and prosecutions would take place if the commodity showed in excess of that amount. It should be apparent to you that if the announcement by Secretary Wallace on June 20 was in accordance with the facts, ther the announcement by Assistant Secretary Tugwell on April 2, 1933, was not in accordance with the facts. This whole vital principle affects several hundred thousand commercial growers and countless other thousands of growers of vegetables and similar fruits.

It is not sufficient that a review be had only on the ground that a regulation is unreasonable, arbitrary, or capricious. As pointed out in the case of I. C. C. against Union Pacific Railroad Co., cited above, if there is any substantial evidence to support the regulation of the Secretary, it could not be held either unreasonable, arbitrary, or capricious. At the same time, however, it might actually be contrary to the great weight of scientific information, and the facts or scientific information might well have changed, which it frequently does,

(sec. 7 (c)):

Such suits shall be a trial de novo and shall proceed in all respects like other civil suits for damages, except that the findings of fact or orders of the Secretary shall be prima-facie evidence of the facts therein stated.

It will be observed that under the above the defendant or aggrieved party has his full day in court on the facts under any order or findings issued by the Secretary.

I further feel that section 702 is distinguishable from the case cited in the report, Federal Radio Commission against General Electric Co. In that case the Radio Commission was authorized to pass on the question of certificates of convenience and public necessity, and its decision was to be final. In the first place, the Federal Radio Commission is supposed to be a board of experts, the same as the Interstate Commerce Commission and the Federal Trade Commission, and not a single administrative officer. In the next place, the case in question did not involve a criminal penalty.

The Federal Food and Drugs Act is a criminal statute, and I, therefore, feel that citizens must have their proper day in court on the facts as well as the law.

I think section 702 as passed by the Senate should be incorporated in the House bill, or language used similar to that in the Perishable Agricultural Commodities Act, whereby a defendant can appeal to the district court, and that on such appeal the suit shall proceed as a trial de novo, subject, if you deem best, that the findings of fact and the order or orders of the Secretary be prima-facie evidence of the facts therein stated.

The SPEAKER. The time of the gentleman from Virginia has expired.

Mr. CHAPMAN. Mr. Speaker, I yield the remainder of my time to the gentleman from Texas [Mr. RAYBURN).

Mr. RAYBURN. Mr. Speaker, I think everything that has been said about the work of this subcommittee is justified. I want to say this in respect to some remarks made here about what this bill does:

This bill, in my opinion, is a very great improvement on the present law. It is not anything like the original Tugwell or Copeland bills which were introduced in the House. The pending bill does this in the main, it protects a public that trusts advertisements in newspapers and advertisements and labels on bottles and packages from being imposed upon in the future as they have been so very much imposed upon in the past. In my opinion it is a forward step in protecting the stomachs and the lives of the people of this country.

[Here the gavel fell.]

The SPEAKER. The question is on the motion of the gentleman from Kentucky to suspend the rules and pass the bill.

The question was taken; and on a division (demanded by Mr. O'MALLEY) there were-ayes 151, noes 27.

So (two-thirds having voted in favor thereof) the rules were suspended and the bill was passed.

A motion to reconsider was laid on the table.

FURTHER MESSAGE FROM THE SENATE

A further message from the Senate, by Mr. Horne, its enrolling clerk, announced that the Senate had passed without amendment a joint resolution of the House of the following title:

H. J. Res. 639. Joint resolution to provide certain administrative expenses for the Division of Territories and Island

1936

Mr. GLASS.

Then I shall not make any objection.

Mr. GERRY. I ask unanimous consent for the present consideration of Calendar 2448, House bill 12556, which was reported from the Finance Committee favorably. It proposes to create in the Treasury Department a Treasury agency service which combines the Customs Agency Service for the Enforcement Division of the Alcohol Tax Unit of the Internal Revenue Bureau and a secret service, and also the enforcement of the Narcotics Act.

The PRESIDING OFFICER. The Senator from Rhode Island asks unanimous consent for the immediate consideration of a bill, which will be reported by title.

The CHIEF CLERK. A bill (H. R. 12556) to create the Treasury Agency Service, to provide for the more adequate protection of the revenue and a more effective enforcement of the revenue and other laws administered by the Treasury Department, and for other purposes.

The PRESIDING OFFICER. Is there objection?
Mr. VANDENBERG. I object.

The PRESIDING OFFICER. Objection is heard.

Mr. MCKELLAR. Mr. President, will the Senator from Alabama yield?

The PRESIDING OFFICER. Does the Senator from Alabama yield to the Senator from Tennessee?

Mr. BLACK. I yield.

Mr. McKELLAR. As I understand the position of the Senator from Alabama and those who are cooperating with him, it is that if the conference report is agreed to and the appropriation is made, in his judgment, the shipping companies will have enough influence in the House to prevent the passage of the ship bill which was passed by the Senate this morning?

report at great length. That is the intention of quite number of us. If I thought by the adoption of the conference report at this time we could obtain the enactment of proper legislation to carry on in line with the suggestion made by the Senator from Tennessee and the Senator from Virginia, I should not object to a vote on the conference report, because so far as the remainder of the conference report is concerned I am very strongly in favor of it.

Personally, I cannot see where any injury would be done at all if we should lay aside the conference report until the House has acted on the subsidy bill which was sent over to it today. While it is not my intention at the present time to continue the discussion further, yet several of my colleagues are waiting to take the floor. I myself could discuss it at great length but for the fact that I think it should be discussed by others from different viewpoints and by those who might make the attack in a far more effective manner than I can.

Mr. GLASS. Mr. President, I do not think the Senate should be deprived of the opportunity of hearing the eloquent Senators who wish to discuss the matter.

Mr. BLACK. I have no objection to giving the Senate that privilege. We simply want it distinctly understood that we do not desire to stand in the way of other proposed legislation which is awaiting action. We have no hesitation in informing the Senator from Virginia that we shall be glad if he will stay with us until tomorrow morning and listen to us discuss the conference report. I yield the floor.

MESSAGE FROM THE HOUSE

A message from the House of Representatives by Mr. Chaffee, one of its reading clerks, announced that the House had passed the bill (S. 5) to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes, with an amendment, in which it requested the concurrence of the Senate.

As the Senator knows, I am utterly opposed to the shipsubsidy bill. My opposition has long been known. I did not vote for the bill today. I voted against it. I do not favor it. I do not think it is a wise policy. I am utterly opposed to it, just as much so as is the Senator from Alabama or any other Senator, because I believe it is wrong. To my mind it is an utterly monstrous thing that big, rich shipping companies, with enormous incomes, should ask that we should add to their incomes a Government bounty. am utterly opposed to it. Perhaps it might be the best plan to agree to the conference report, and if the shipping companies undertake to interfere with the passage of the bill in the House, it would aid us in preventing the passage of a ship-subsidy bill in the future.

I

Mr. BLACK. It is my belief that my idea and attitude in connection with the subject are in accord with the ideas and attitude of the distinguished Senator from Virginia [Mr. GLASS) and of the Senator from Tennessee. There is a difference in judgment as to the best method of obtaining the result which I think all of us desire.

I believe we would make better progress, though I do not desire to make any request, if the conference report should be laid aside for other matters to be taken up. It is our intention, and I say it frankly, to discuss the conference

upon its amendments to the bill (S. 2953) to provide for the inspection, control, and regulation of steam boilers and unfired pressure vessels in the District of Columbia, disagreed to by the Senate, agreed to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and that Mr. PALMISANO, Mr. PATMAN, and Mr. DIRKSEN were appointed managers on the part of the House at the conference. The message also announced that the House had passed the following bills, in which it requested the concurrence of the Senate:

H. R. 12971. An act to amend the act of Congress approved May 27, 1935 (Public, No. 73, 74th Cong.), authorizing the Secretary of Commerce to convey to the city of Grand Haven, Mich., certain portions of the Grand Haven Lighthouse Reservation, Mich.; and

H. R. 13001. An act to eliminate unnecessary expense in the administration of estates of deceased and incompetent veterans, and for other purposes.

ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED

The message further announced that the Speaker had affixed his signature to the following enrolled bills and joint resolutions, and they were signed by the Vice President: S. 283. An act for the relief of Beatrice I. Manges; S. 2047. An act to promote the general welfare of the Indians of the State of Oklahoma, and for other purposes; S. 2456. An act to provide for the appointment of an additional district judge for the northern and southern districts of West Virginia;

10108

S. 2912. An act to repatriate native-born women who have heretofore lost their citizenship by marriage to an alien, and for other purposes;

6.3440. An act to amend certain acts relating to public printing and binding and the distribution of public documents and acts amendatory thereof;

S. 3841. An act to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, and acts amendatory thereof and supplementary thereto;

S. 4026. An act to amend the National Defense Act of June 3, 1916, as amended;

S. 4464. An act to authorize the coinage of 50-cent pieces in celebration of the opening of the San Francisco-Oakland Bay Bridge;

S. 4512. An act to amend section 641 of the Code of Laws for the District of Columbia;

S. 4568. An act to permit construction, maintenance, and use of certain pipe lines for petroleum and petroleum prod

ucts in the District of Columbia;

H. R. 237. An act for the relief of the Rowesville Oil Co.: H. R. 254. An act for the relief of the Farmers' Storage &

Fertilizer Co., of Aiken, S. C.;

H. R. 4900. An act to amend the naturalization laws in respect of residence requirements, and for other purposes; H. R. 9485. An act to convey certain lands to Clackamas County, Oreg., for public-park purposes;

H. R. 9654. An act to authorize the purchase by the city of Scappoose, Oreg., of a certain tract of public land revested in the United States under the act of June 9, 1916 (39 Stat. 218);

H. R. 10356. An act authorizing the Secretary of the Navy to convey a right-of-way over certain lands situated in Solano County, Calif., to the State of California for State highway purposes;

H. R. 10630. An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1937, and for other purposes;

H. R. 11103. An act to extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, La;

H. R. 11140. An act to provide more effectively for the national defense by further increasing the effectiveness and efficiency of the Air Corps of the Army of the United States; H. R. 12848. An act to provide an additional place of holding terms of the United States district court in the eastern district of Kentucky, and to amend section 83 of the Judicial Code, as amended;

S. J. Res. 241. Joint resolution to declare December 26, 1936, a legal holiday in the District of Columbia;

S. J. Res. 272. Joint resolution to provide for the maintenance of public order and the protection of life and property in connection with the Presidential inaugural ceremonies in

1937;

S. J. Res. 273. Joint resolution authorizing the granting of permits to the Committee on Inaugural Ceremonies on the occasion of the inauguration of the President-elect in January 1937, and for other purposes;

S. J. Res. 280. Joint resolution to ratify and confirm the appointment of Isaac Gans as a member of the Alcoholic Beverage Control Board of the District of Columbia;

S. J. Res. 286. Joint resolution fixing the date of meeting of the Seventy-fifth Congress; and

H. J. Res. 179. Joint resolution authorizing the President to present in the name of Congress a Medal of Honor to J. Harold Arnold.

REGULATION OF FOOD, DRUGS, AND COSMETICS

The PRESIDING OFFICER (Mr. MCGILL in the chair) laid before the Senate the amendment of the House of Representatives to the bill (S. 5) to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes.

JUNE 19

Mr. COPELAND. I move that the Senate disagree to the amendment of the House, ask for a conference with the House on the disagreeing votes of the two Houses thereon, and that the Chair appoint the conferees on the part of the Senate.

The motion was agreed to; and the Presiding Officer appointed Mr. COPELAND, Mr. BAILEY, Mrs. CARAWAY, Mr. CLARK, Mr. McNARY, Mr. VANDENBERG, and Mr. Grason conferees the part of the Senate.

INSPECTION OF VESSELS CARRYING EXPLOSIVES, ETC.
During the delivery of Mr. BLACK'S Speech,
Mr. COPELAND. Mr. President-

bama yield to the Senator from New York?
The PRESIDING OFFICER. Does the Senator from Ala
Mr. BLACK. I do.

Mr. COPELAND. I know the Senator does not wish to

consent for the immediate consideration of Calendar No.

have the trend of his thought broken; but I ask unanimous 2541, being the bill (S. 4780) to extend the laws governing with dangerous steamship cargoes, and we hope will be inspection of vessels, and for other purposes. It has to do passed by the House tonight.

Mr. DAVIS. What is the calendar number of the bill? Mr. COPELAND. It is Calendar No. 2541, Senate bill 4780. request of the Senator from New York? The PRESIDING OFFICER. Is there objection to the

Mr. MCKELLAR. One moment.

consideration of the bill will interfere with the consideration Mr. GLASS. Mr. President, I shall have to object if the

of the conference report.

withdraw the request for the present. Mr. McKELLAR. I hope the Senator from New York will

the parliamentary procedure I shall not press the matter; Mr. COPELAND. Of course, if my request interferes with bill is a very important one. It has to do with the transbut I did not understand that that would be the case. The portation of inflammables, dynamite and other explosives, it is the belief of the House that if it could be passed here on ships. There has been a great urge to pass the bill, and it would have action over there.

report the United States Treasury and the Post Office DeMr. GLASS. Yes; but if we do not adopt this conference partment will be without funds, and will be unable to

operate.

1936

principal meridian, New Mexico. Amended in the Senate, and House concurred in Senate amendments March 30, 1936.

H. R. 8679. To eliminate the requirement of cultivation in connection with certain homestead entries. 8. 2577 identical to the House bill was substituted and passed.

H. R. 8692. Authorizing construction. operation, and maintenance of Rio Grande canalization project and authorizing ap propriation for that purpose. The measure was referred to the Committee on Foreign Affairs, who received an adverse report from the Department of State. On August 9 Congressman DEMPSEY had a conference with Department officials and prevailed upon the State Department to reconsider and favorably report the measure. The Foreign Affairs Committee then favorably reported the bill and considerable work was done during the closing days of the first session by Mr. DEMPSEY to get this bill before the House for consideration ahead of some of the measures already on the overcrowded calendar. It passed the House August 25, 1935, under suspension of the rules.

H.R. 9009. To make lands in drainage, irrigation, and conservancy districts eligible for loans by the Federal land banks and other Federal agencies loaning on farm lands, notwithstanding the existence of prior liens of assessments made by such districts, and for other purposes. Passed the House April 6 and the Senate June 2. H. R. 10751. To further extend relief to water users on United States reclamation projects and on Indian irrigation projects. Mr. DEMPSEY was the only Member of the House who would introduce this measure. It was later amended providing 50-percent morato rium when Mr. DEMPSEY obtained assurance that the Department of the Interior would not object to a 50-percent moratorium. The 100-percent moratorium was opposed by the Director of the Budget as well as Department of Interior. A similar Senate bill was substituted and passed amended providing a 100-percent moratorium for 6 months making first payment fall due in September 1927. and striking a 2-percent charge; also providing an appropriation of $5.000 for an investigation of existing contracts.

H. R. 11768. Authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing an appropriation for that purpose. Passed the House May 4 and the Senate June 1; approved June 4, 1936.

H. R. 12058. To provide for an examination and survey to determine the best utilization of the surplus waters of the San Juan River and to determine the feasibility and cost of storing such waters and of diverting them to the Rio Chama. 8. 3488, identical to the House bill, was substituted and passed amended.

H. R. 12604. Authorizing the coinage of 50-cent pieces in commemoration of the four hundredth anniversary of the journey and exploration of Francisco Vasquez de Coronado. This was the last measure of this type favorably reported by the Committee on Coinage. Weights, and Measures. Passed the House June 2, 1936.

H.R. 6453. To amend the act of May 13, 1924, entitled "An act providing for a study regarding the equitable use of the waters of the Rio Grande", etc., as amended by the public resolution of March 3, 1927. Favorably reported from Foreign Affairs Committee and passed the House April 1, 1935. Passed the Senate amended, June 24, 1935, and sent to conference July 12. Senate and House agreed to conferees' report, and measure was approved August 19,

1935.

From the above it will be noted that there has been enacted a total of 30 bills in the Seventy-fourth Congress which were introduced by Mr. DEMPSEY, a first termer, which would be an outstanding achievement for any Member, irrespective of the number of years of service.

REGULATION OF STEAM BOILERS, DISTRICT OF COLUMBIA Mr. PALMISANO. Mr. Speaker, I ask unanimous consent to take from the Speaker's desk the bill (S. 2953) to provide for the inspection, control, and regulation of steam boilers and unfired pressure vessels in the District of Columbia, insist on the House amendment, and agree to the conference asked by the Senate.

The SPEAKER. Is there objection to the request of the gentleman from Maryland? [After a pause.] The Chair hears none and appoints the following conferees: Mr. PALMISANO, Mr. PATMAN, and Mr. DIRKSEN.

GRAND HAVEN, MICH.

Mr. MAPES. Mr. Speaker, I ask unanimous consent for the immediate consideration of the bill (H. R. 12971) to amend the act of Congress approved May 27, 1935, authorizing the Secretary of Commerce to convey to the city of Grand Haven, Mich, certain portions of the Grand Haven Lighthouse Reservation, Mich.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the consideration of the bill?

There being no objection, the Clerk read the bill, as follows: Be it enacted, etc., That the act of Congress approved May 27, 1935 (Public, No. 73, 74th Cong.), is hereby amended to read as follows:

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"That the Secretary of Commerce is hereby authorized to comvey to the city of Grand Haven, State of Michigan, for use for street and park purposes, all of the Grand Haven Lighthouse Reservation, Mich., which is not required to be retained for lighthouse purposes. The Secretary of Commerce shall describe by metes and bounds in the deed of conveyance the exact portions of the reservation transferred. The deed of conveyance shall also contain a provision that should the city of Grand Haven, State of Michigan, cease to use the property for the purpose for which it is conveyed, title thereto shall revert to the United States.

"SEC. 2. The United States reserves the rights-of-way over, underground, or across the area to be transferred for any whatsoever in conducting the Lighthouse Service or other activities of the Government, and, further reserves the right to be furnished by the city of Grand Haven, any and all services, conveniences, and utilities at established rates, such as transportation, gas or electric lighting facilities, water connections and sewer connections, and such other utilities as may be installed in the vicinity of, and accessible to the reservation

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

The recess having expired the House was called to arder by the Speaker at 7:30 p. m.

STILL FURTHER MESSAGE FROM THE SENASE

A still further message from the Senate, by Mr. Crockett, its Chief Clerk, announced that the Senate had passed a bill of the following title, in which the concurrence of the House is requested:

S. 4780. An act to extend the laws governing inspection of vessels, and for other purposes.

The message also announced that the Senate disagrees to the amendments of the House to the bill (S. 5) entitled "An act to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes", requests a conference with the House on the disagreeing votes of the two Houses thereon, and appoints Mr. COPELAND, Mr. BAILEY, Mrs. CARAWAY, Mr. CLARK, Mr. McNARY, Mr. VANDENBERG, and Mr. GIBSON to be the conferees on the part of the Senate.

The message also announced that the Senate had passed without amendment bills and a joint resolution of the House of the following titles:

H. R. 4641. An act authorizing the President to present gold medal to George M. Cohan;

H. R 13001. An act to eliminate unnecessary expense in

the administration of estates of deceased and incompetent veterans, and for other purposes; and

H. J. Res. 532. Joint resolution for the establishment of a commission in commemoration of the seventy-fifth anniversary of the Battle of Gettysburg in 1938.

PARTICIPATION BY THE UNITED STATES IN COMMEMORATION THE SEVENTY-FIFTH ANNIVERSARY OF THE BATTLE OF ANTIKTAM Mr. LEWIS of Maryland. Mr. Speaker, I ask unanimous consent for the immediate consideration of Senate Joint Resolution 255, to provide for the participation of the United States in commemoration of the seventy-fifth anniversary of the Battle of Antietam.

The Clerk read the title of the joint resohrtion.

The SPEAKER. Is there objection to the request of the gentleman from Maryland?

Mr. SNELL Mr. Speaker, reserving the right to object, may we be advised what this is about?

Mr. LEWIS of Maryland. Mr. Speaker, the Battle of Antietam, well known, of course, to all of us, has its seventyfifth anniversary in the coming year, 1937. The Senate passed a bill authorizing the appointment of a commission

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JUNE 19

The motion was agreed to.

A motion to reconsider was laid on the table. Mr. RICH. Mr. Speaker, a parliamentary inquiry. The SPEAKER pro tempore. The gentleman will state it. Mr. RICH. Is it permissible to put in a tax bill the manDer by which the money collected is to be expended by the Department of Agriculture?

The SPEAKER pro tempore. No point of order was made. Mr. RICH. I make it now.

The SPEAKER pro tempore. The point of order comes too late.

ADULTERATION, MISBRANDING, AND FALSE ADVERTISING OF FOODS DRUGS, DEVICES, AND COSMETICS, ETC.

Mr. RAYBURN. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 5) to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes, with House amendments, insist on the House amendments, and agree to the conference asked by the

Senate.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas?

There was no objection.

The SPEAKER pro tempore. Without objection, the Chair appoints the following conferees: Mr. CHAPMAN, Mr. COLE of Maryland, Mr. KENNEY, Mr. REECE, and Mr. WOLVERTON. There was no objection.

SHIP SUBSIDY

trying to build up a merchant marine. We are face to face with the inevitable situation that unless appropriation for the ocean-mail contracts goes through and some provision is made we will find shipping on the rocks. Companies will be in bankruptcy. They will be tied up or they will be operated by this Government at a vastly increased cost over the present sum which it requires to operate them.

Mr. O'MALLEY. Mr. Speaker, will the gentleman yield? Mr. BLAND. For a brief question; yes.

Mr. O'MALLEY. What are the Senate amendments that have been added to this bill? I would like to get some infor

mation.

Mr. BLAND. I wish it were possible for me to cover all of these amendments, but I will say they are the amendments that have been sought by Senator BLACK and by Senator CLARK and by other gentlemen who have been fighting the original bill. Ocean-mail contracts are carried on until June 30, 1937. A maritime commission is established.

Mr. VINSON of Georgia. Mr. Speaker, will the gentleman Field?

Mr. BLAND. Time is flying.

Mr. VINSON of Georgia. Will the gentleman advise the House as to whether he is in accord with these Senate amendments to which he has just referred?

Mr. BLAND. I have just said that it is a compromise. Personally I should like to have a different bill. I realize that cannot get it; that in the situation I had better take what I can get and hope to amend it in the future if it will not work. I hope it will work. The proponents of this bill say it will. If so, then we can have a merchant marine; if it does not work, we can amend and have something else. Mr. VINSON of Georgia. Mr. Speaker, will the gentleman yield further?

Mr. BLAND. I yield.

House Resolution 557

Besolved, That immediately upon the adoption of this resolution the bill H. R. 8555, with the Senate amendments thereto, be, and the same is hereby, taken from the Speaker's table, to the end that the Senate amendment to the title of the bill be, and the same is hereby, agreed to; and Senate amendment no. 1 be, and the same is hereby, agreed to with the following amendment: Strike out section 303 of title III of the said Senate amendment. The SPEAKER pro tempore. Is a second demanded? Mr. LEHLBACH. Mr. Speaker, I demand a second. Mr. BLAND. Mr. Speaker, I ask unanimous consent that a second be considered as ordered.

The SPEAKER pro tempore. Without objection, it is so ordered.

There was no objection.

The SPEAKER pro tempore. The gentleman from Virginia [Mr. BLAND] is recognized for 20 minutes and the gentleman from New Jersey (Mr. LEHLBACH) for 20 minutes.

Mr. BLAND. Mr. Speaker, the matter which is before the House is a bill commonly known as the ship-subsidy bill. That bill passed the House about a year ago and went to the Senate. The Senate has stricken out all after the enacting clause and has substituted its own provisions. The situation is that it has added many drastic features, but at the same time, in the words of the President, "It is a step in the right direction." I am authorized by the President to make that statement.

The situation in the Senate is that the bill carrying the appropriation for ocean-mail contracts is now being fillbustered against until this bill is adopted.

I have served in this House long enough to realize that all legislation is a compromise. I have served long enough to know that it is impossible for me to get always the legislation that I desire. The bill will help to preserve certainly the

Mr. BLAND. We would not, for we would not be in a position where we could amend and correct. But we are face to face, in my opinion, today with the death of the American merchant marine unless we pass this act. It does contain provisions that in my opinion will enable us to work something out. I believe that there are many salutary provisions in the bill, and I would rather accept this bill today and have something than to face the future with destruction ahead of us.

Mr. CELLER. Mr. Speaker, will the gentleman yield for a brief question?

Mr. BLAND. I yield.

Mr. CELLER. Do I understand that one Senate amendment involves the so-called Black lobby bill?

Mr. BLAND. It does not to the extent that the Black lobby bill was considered here. There is a provision in the bill relating to lobbying which relates to shipbuilding and also ship operators.

Mr. CELLER. It is not the general bill.

Mr. BLAND. It is not the general bill. I think I can safely say that.

Mr. BIERMANN. Mr. Speaker, will the gentleman yield? Mr. BLAND. I yield.

Mr. BIERMANN. Can the gentleman tell us about what this is likely to cost the United States Treasury per year?

Mr. BLAND. No; I am unable to say just what it will cost, because the maritime commission must work out a longtime program. The commission is authorized to work out a long-time program. It will certainly cost in all probability as much as the present ocean-mail contract. I do not think it will go above that.

Mr. BIERMANN. What does that cost now?
Mr. BLAND. About $22,000,000.

Mr. VINSON of Georgia. What is the difference between the House bill and the Senate bill?