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PROCEEDINGS AND DEBATES

OF THE

FIRST SESSION OF THE
SEVENTIETH CONGRESS

OF

THE UNITED STATES

OF AMERICA

VOLUME LXIX-PART 8

MAY 8 TO MAY 18, 1928

(Pages 8043 to 9136)

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON

1928

367585 PROCEEDINGS AND DEBATES OF THE SEVENTIETH CONGRESS

FIRST SESSION

SENATE

H. R. 5718. An act to amend the act entitled “An act to re

adjust the pay and allowances of the commissioned and enlisted TUESDAY, May 8, 1928

personnel of the Army, Navy, Marine Corps, Chast. Guard, Coast

and Geodetic Survey, and Public Health Service..:(Legislative day of Thursday, May 3, 1928)

H. R. 6518. An act to amend the salary rates contained in the The Senate reassembled at 12 o'clock meridian, on the ex- compensation schedules of the act of March 4, 1923, entitled piration of the recess.

"An act to provide for the classification of civilian insitions The VICE PRESIDENT. The Senate will receive a message within the District of Columbia and in the field services' from the House of Representatives.

H. R, 6854. An act to add certain lands to the Montezuma

National Forest, Colo., and for other purposes ;
MESSAGE FROM THE HOUSE

H. R. 7354. An act to allow the Postmaster General to proA message from the House of Representatives, by Mr. Chaffee,

mote mechanics' helpers to the first grade of special mechanics; one of its clerks, announced that the House had passed with

H. R. 8728. An act to authorize the Postmaster General to out amendment the following bills of the Senate:

give motor-vehicle service employees credit for actual time S. S05. An act donating Revolutionary cannon to the New

served on a basis of one year for each 306 days of eight hours York State Conservation Department ;

served as substitute; S. 1456. An act to authorize an appropriation for a road on

H. R. 8907. An act to fix standards for hampers, round stave the Zuni Indian Reservation, N. Mex.; and

baskets, and splint baskets for fruits and vegetables, and for S. 3947. An act to provide for the times and places for hold

other purposes ; ing court for the eastern district of North Carolina.

H. R. 9046. An act to continue the allowance of Sioux beneThe message also announced that the House had passed the

fits; following bills severally with amendments, in which it requested

H. R. 9194. An act authorizing the Secretary of the Interior the concurrence of the Senate:

to acquire land and erect a monument on the site of the battle S. 797. An act granting the consent of Congress to the J. K.

between the Sioux and Pawnee Indian Tribes in Hitchcock Mahone Bridge Co., its successors and assigns to construct, County, Nebr., fought in the year 1873 ; maintain, and operate a bridge across the Ohio River at or

H. R. 9355. An act to provide for the acquisition of certain near Wellsburg, W. Va.; S. 1480. An act authorizing certain Indian tribes and bands, property in the District of Columbia for the Library of Con

gress, and for other purposes ; or any of them, residing in the State of Washington to present

HR. 9965. An act to erect a tablet or marker to mark the their claims to the Court of Claims; and

site of the Battle of Kettle Creek, in Wilkes County, Ga., where S. 3862. An act authorizing J. T. Burnett, his heirs, legal on February 14, 1779, Elijah Clarke, of Georgia, and Colonel representatives, and assigns, to construet, maintain, and op | Pickens, of South Carolina, overtook the Tories under Colonel erate a bridge across the Mississippi River at or near Tipton- Boyd, killing him and many of his followers, thus ending ville, Tenn.

British dominion in Georgia ; The message further announced that the House had passed

H. R. 10786. An act authorizing surveys and investigations to the following bill and joint resolutions, each with an amendment, determine the best methods and means of utilizing the waters of in which it requested the concurrence of the Senate:

the Gila River and its tributaries above the San Carlos ReserS. 2004. An act authorizing the paving of the Federal strip voir in New Mexico and Arizona ; known as International Street, adjacent to Nogales, Ariz.; and

H. R. 11621. An act to authorize the Secretary of the Navy S. J. Res. 23. Joint resolution providing for the participation to advance public funds to naval personnel under certain conof the United States in the celebration in 1929 and 1930 of the ditions ; one hundred and fiftieth anniversary of the conquest of the H. R. 11758. An act authorizing the Secretary of War to grant Northwest Territory by Gen. George Rogers Clark and his army,

a right of way for a levee through the Chalmette National and authorizing an appropriation for the construction of a Cemetery; permanent memorial of the Revolutionary War in the West,

H. R. 11804. An act authorizing and directing the Secretary and of the accession of the Old Northwest to the United States of War to lend to the town of Appalachia, Va., 500 canvas cots, on the site of Fort Sackville, which was captured by George | 500 blankets, 1,000 bed sheets, 500 pillows, 500 pillowcases, and Rogers Clark and his men February 25, 1779.

500 mattresses or bed sacks, to be used at the convention of the The message also announced that the House had passed the American Legion, Department of Virginia, to be held at Apfollowing bills and joint resolution, in which it requested the palachia, Va., on August 13, 14, and 15, 1928; concurrence of the Senate:

H. R. 11852. An act providing for the confirmation of grant H. R. 43. An act to amend the act entitled “An act to stand- of lands formerly the United States barracks at Baton Rouge, ardize lime barrels," approved August 23, 1916 ;

La., to the board of supervisors of the Louisiana State UniH. R. 167. An act to amend the act of February 12, 1925 | versity and Agricultural and Mechanical College ; (Public, No. 402, 68th Cong.), so as to permit the Cowlitz Tribe H. R. 11917. An act granting the consent of Congress to the of Indians to file suit in the Court of Claims under said act;

county of Cook, State of Illinois, to widen, maintain, and H. R. 491. An act authorizing the attorney general of the operate the existing bridge across the Little Calumet River State of California to bring suit in the Court of Claims on

in Cook County, State of Illinois; behalf of the Indians of California ;

H. R. 11950. An act to legalize a pier and wharf in Deer H. R. 5475. An act authorizing the New Cumberland Bridge Island thoroughfare on the northerly side at the southeast end Co., its successors and assigns, to construct, maintain, and

of Buckmaster Neck at the town of Stonington, Me. ; operate a bridge across the Olio River at or near New Cum- H. R. 11953. An act to authorize the sale under the provisions berland, W. Va.;

of the act of March 12, 1926 (Public, No. 45, 69th Cong.), of H. R. 5548. An act to authorize payment of six months' death surplus War Department real property; gratuity to dependent relatives of officers, enlisted men, or H. R. 11980. An act granting the consent of Congress to the nurses whose death results from wounds or disease not resulting | Fisher Lumber Corporation to construct, maintain, and operate from their own misconduct;

a railroad bridge across the Tensas River in Louisiana ; H. R, 5644. An act to enable an enlisted man in the naval H. R. 12192. An act authorizing the Secretary of the Interior service to make good time lost in excess of one day under to accept a deed to certain land and issue patent therefor to certain conditions ;

the city of Buhl, Twin Falls County, Idaho; LXIX-4507

8013

Simmons

Goff

Pine

H. R. 12379. An act granting the consent of Congress to low- That the House recede from its disagreement to the amendard Seabury to construct, maintain, and operate a dam to re- ments of the Senate numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, tain tidal waters in an unnamed cove which is situated and 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, extends from ('ases Inlet into section 28, township 21 north, | 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, and 44, and agree to the same. range 1 west, Willamette meridian, in Pierce County, State of The committee of conference have not agreed on amendments Washington ;

numbered 42, 43, and 46. H. R. 12386. An act authorizing the State of Texas and the

F. E. WARREN, State of Louisiana to construct, maintain, and operate a free

REED SMOOT, highway bridge across the Sabine Ricer, at or near Pendleton's

CHARLES CURTIS, Ferry;

E. S. BROUSSARD, H. R. 12408. An act authorizing custodians and acting cus

Royal S. COPELAND, todians of Federal buildings to administer oaths of office to

Managers on the part of the Senate. employees in the custodian 'service;

FRANK MURPHY, H. R. 12605. An act to epable the Postmaster General to pur

Geo. A. WELSH, chase and erect community mail boxes on rural routes and to

WM. P. HOLADAY, rent compartments of such boxes to patrons of rural delivery ;

JOHN N. SANDLIN, H. R. 12676. An act to amend section 2 of an act approved

EDWARD T. TAYLOR, February 14, 1996, granting consent of Congress for the con

Managers on the part of the House. struction of a bridge across Red River at or near Fulton, Ark. ;

H. R. 13677. An act to amend section 2 of an act approved The report was agreed to. March '12 1928, granting consent of Congress for the construc

CALL OF THE ROLL tion of.. bridge across the Quachita River at or near Calion,

Mr. HEFLIN obtained the floor. Ark: 1

Mr. CURTIS. Mr. President, will the Senator yield that I H. Ř. 12814. An act to increase the efficiency of the Air Corps;

may suggest the absence of a quorum? and

Mr. HEFLIN. I yield for that purpose.
H. J. Res. 236. Joint resolution authorizing the Secretary of Mr. CURTIS. I suggest the absence of a quorum.
War to lend tents and camp equipment for the use of the hous- The VICE PRESIDENT. The clerk will call the roll.
ing committee for the convention of the American Legion for

The legislative clerk called the roll, and the following Sena: the Department of Washington, to be held at Centralia, Wash., tors answered to their names: in the month of August, 1928.

Ashurst
Fletcher

La Follette Sheppard
Barkley.
Frazier

McKellar
DISPOSITION OF USELESS PAPERS

Shipstead
Bingham
George
McLean

Shortridge The VICE PRESIDENT laid before the Senate a communi- Black

Gerry

McMaster
Blaine
Gillett
McNary

Smith cation from the Acting Secretary of War, transmitting, pursu

Blease
Glass
Mayfield

Smoot ant to law, lists of useless papers in the War Department not

Borah

Metcalf

Steck needed or useful in the transaction of current business and Bratton

Gooding
Moses

Steiwer
Brookhart
Gould
Neely

Stephens having no permanent value or historic interest, and asking for

Broussard
Greene
Norbeck

Swanson action looking toward their disposition, which was referred to

Bruce
Hale
Norris

Thomas a Joint Select Committee on the Disposition of Useless Papers Capper

Harris
Nye

Tydings in the Executive Departments.

Cara way
Harrison
Oddie

Tyson
Copeland
Hawes
Overman

Vandenberg The VICE PRESIDENT appointed Mr. REED of Pennsylvania

Couzens
Hayden
Phipps

Wagner and Mr. FLETCHER members of the committee on the part of the Curtis

Hellin

Walsh, Mass. Senate.

Cutting
Howell
Pittman

Wash, Mont.
Deneen
Johnson
Ransdell

Warren
THE AMERICAN MERCHANT MARINE

Dill
Jones
Reed, Mo.

Waterman
Edge
Kendrick
Reed, l'a.

Wheeler
The VICE PRESIDENT laid before the Senate the amend-

Edwards
Keyes

Sackett ment of the House of Representatives to the bill (S. 744) to less

King

Schall further develop an American merchant marine, to assure its

The VICE PRESIDENT. Eighty-six Senators having anpermanence in the transportation of the foreign trade of the

swered to their names, a quorum is present. United States, and for other purposes, which was to strike

ONE HUNDRED AND FIFTIETH ANNIVERSARY OF CONQUEST OF THE out all after the enacting clause and to insert a substitute.

NORTHWEST TERRITORY Mr. JONES. I move that the Senate disagree to the House amendment, ask for a conference, and that the Chair appoint The VICE PRESIDENT laid before the Senate the amendfive conferees on the part of the Senate.

ment of the House of Representatives to the joint resolution The motion was agreed to; and the Vice President appointed (S. J. Res. 23) providing for the participation of the United

States in the celebration in 1929 and 1930 of the one hundred Mr. Jones, Mr. McNARY, Mr. JOHNSON, Mr. FLETCHER, and Mr. RANSDELL conferees on the part of the Senate.

and fiftieth anniversary of the conquest of the Northwest Ter

ritory by Gen. George Rogers Clark and his army, and authorCLAIMS OF INDIANS IN THE STATE OF WASHINGTON

izing an appropriation for the construction of a permanent The VICE PRESIDENT laid before the Senate the amend- memorial of the Revolutionary War in the West, and of the ments of the House of Representatives to the bill (S. 1480) accession of the old Northwest to the United States on the site authorizing certain Indian tribes and bands, or any of them, of Fort Sackville, which was captured by George Rogers Clark residing in the State of Washington, to present their claims to and his men February 25, 1779, which was, to strike out all the Court of Claims, which were, on page 6, line 18, to strike after the enacting clause and insert a substitute. vut the comma and “but any" and insert a period and “ Any";

Mr. FESS. I move that the Senate disagree to the amendon page 7, line 7, to strike out “any one" and insert "all”; and ment of the House and request a conference on the disagreeing on the same page, line 17, after the word " annum," to insert a votes of the two Houses thereon, and that the Chair appoint comma and “ subject to appropriation by Congress for the the conferees on the part of the Senate. health, education, and industrial advancement of said Indians, The motion was agreed to; and the Vice President appointed including the building of homes.”

Mr. Fess, Mr. HOWELL, and Mr. MCKELLAR conferees on the Mr. JONES. I move that the Senate agree to the amend part of the Senate. wents made by the House.

REPORT OF THE JUVENILE COURT OF THE DISTRICT OF COLUMBIA The motion was agreed to.

(S. DOC. NO. 09) APPROPRIATIONS FOR LEGISLATIVE BRANCH

Mr. CAPPER. I present a letter addressed to me by the Mr. WARREN submitted the following report:

Attorney General, forwarding two communications from Judge

Kathryn Sellers, of the juvenile court of the District of CoThe committee of conference on the disagreeing votes of the lumbia, together with a report covering the activities of that two Houses on the amendments of the Senate to the bill (H. R. court during the year ended June 30, 1927. I ask an order, in 12875) making appropriations for the legislative branch of the accordance with the usual practice, that it be printed as a

Senate document. Government for the fiscal year ending June 30, 1929, and for

The VICE PRESIDENT. Without objection, it is so ordered. other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective

PETITIONS AND MEMORIALS Houses as follows:

Mr. VANDENBERG. I present a telegram from Henry C. That the Senate recede from its amendments numbered 39 Walters, of Detroit, Mich., president of the Michigan Bar and 45.

Association, protesting against the passage of Senate bill 3151, which I ask may be printed in the Record and referred to the trict of Columbia for street purposes, reported it without amendCommittee on the Judiciary.

ment and submitted a report (No. 1052) thereon. There being no objection, the telegram was referred to the Mr. WALSII of Montana, from the Committee on Public Committee on the Judiciary and ordered to be printed in the Lands and Surveys, to which was referred the bill (H. R, 8110) RECORD, as follows:

withdrawing from entry the northwest quarter section 12, townIt is not feasible to call a meeting of the 1,600 members of the

ship 30 north, range 19 east, Montana meridian, reported it Michigan State Bar Association to take formal action. But 19 out

with an amendment and submitted a report (No. 1053) thereon. of the 27 directors and directors at large, which is the governing body

Mr. PIIIPPS, from the Committee on Post Offices and Post uvit, have asked me to protest on behalf of the association against Roads, to which was referred the bill (S. 2526) for the relief the passage of S. 3151 on the ground that miscarriages of justice

of Sheldon R. Purdy, reported it with an amendment and subwould follow upon its enactinent. Remaining 8 directors and direc

mitted a report (No. 1051) thereon. tors at large not yet heard from. The 19 heard from include former

Mr. LA FOLLETTE, from the Committee on Indian Affairs, Chief Justice Carpenter, ex-Judge Murlin, George W. Weadock, Mark

to which was referred the bill (S, 727) authorizing the attorney Norris, Stuart Knappen, George E. Nichols, George W. ('ook, Wade

general of the State of California to bring suit in the Court Millis, Burritt Hamilton, Walter Foster, and C. W. Perry, all former

of Claims on behalf of the Indians of California, reported it presidents of the State association. The governing body consists of

with amendments and submitted a report (No. 1055) thereon. lawyers long in active practice, and they know from experience that

Mr. DALE, from the Committee on Commerce, to which was real prejudice exists against nonresident litigants and that it is much

referred the bill (S. 4295) authorizing the State Highway Comless pernicious in its effect in Federal than State courts. They

mission, Commonwealth of Kentucky, to construct, maintain, feel that passage of the act would work incalculable mischief and

and operate a bridge across the Cumberland River at or near

the mouth of Indian Creek in Russell County, Ky., reported it constitute deplorable retrogression.

without amendment and submitted a report (No. 1056) thereon.

HENRY C. WALTERS,
President Michigan State Bar Association, Detroit, Mich.

He also, from the same committee, to which was referred the

bill (S. 4289) authorizing the State Highway Commission, ComMr. CAPPER presented a resolution adopted by Earl C.monwealth of Kentucky, to construct, maintain, and operate Gormley Post, No. 45, American Legion, of Junction City, a bridge across the Cumberland River at or near Neelys Ferry Kans., favoring the passage of the so-called Capper-Johnson in Cumberland County, Ky., reported it with an amendment and universal draft bill, which was referred to the Committee on submitted a report (No. 1057) thereon. Military Affairs.

He also, from the same committee, to which were referred Mr. JONES presented a petition of sundry citizens of Sunny the following bills, reported them severally with amendments side, Wash., praying for the passage of the so-called universal and submitted reports thereon : draft bill, which was referred to the Committee on Military A bill (S. 4290) authorizing the State Highway Commission, Affairs.

Commonwealth of Kentucky, to construct, maintain, and operate He also presented a resolution adopted at the annual meet- a bridge across the Cumberland River at or near Burkesville, ing of the Washington State Society Sons of the American Cumberland County, Ky. (Rept. No. 1058); Revolution, favoring the passage of the so-called Box bill, pro A bill (S. 4291) authorizing the State Highway Commission, viding for the restriction of Mexican immigration, which was Commonwealth of Kentucky, to construct, maintain, and operreferred to the Committee on Immigration.

ate a bridge across the Cumberland River at or near Arat, Mr. FESS presented petitions of sundry citizens of the State Cumberland County, Ky. (Rept. No. 1059) ; of Ohio, praying for the passage of legislation granting increased A bill (S. 4292) authorizing the State Highway Commission, pensions to Civil War veterans and their widows, which were Commonwealth of Kentucky, to construct, maintain, and operreferred to the Committee on Pensions.

ate a bridge across the Cumberland River at or near Center Mr. COPELAND presented petitions of sundry citizens of Point in Monroe County, Ky. (Rept. No. 1060); and Brooklyn and vicinity, in the State of New York, praying for A bill (S. 4293) authorizing the State Highway Commission, the passage of legislation granting increased pensions to Civil Commonwealth of Kentucky, to construct, maintain, and operWar veterans and their widows, which were referred to the ate a bridge across the Cumberland River at or near Creelsboro, Committee on Pensions.

in Russell County, Ky. (Rept. No. 1061). Mr. McLEAN presented a resolution of Raymond W. Harris

FEDERAL OFFICES IN GEORGIA Post, No. 145, Veterans of Foreign Wars of the United States, of Bridgeport, Conn., favoring the passage of the so-called

Mr. MOSES, from the Committee on Post Offices and Post Gold Star Mothers bill, which was referred to the Committee on Roads, to which was referred the resolution (S. Res. 193) diMilitary Affairs.

recting an investigation of the barter of Federal offices in the He also presented the petition of Eddy-Glover Post, No. 6, State of Georgia, reported it with amendments, and moved that American Legion, of New Britain, Conn., favoring the passage

the resolution be referred to the Committee to Audit and Conof the so-called Capper universal draft bill, which was referred trol the Contingent Expenses of the Senate, which to the Committee on Military Affairs.

agreed to. He also presented letters in the nature of petitions from

COOPERATIVE MARKETING OF FARM PRODUCTS
Middletown Branch, No. 175, of Middletown, and Capital City
Branch, No. 86, of Hartford, both of the National Association of

Mr. SHIPSTEAD, from the Committee on Printing, reported Letter Carriers, in the State of Connecticut, favoring the pas

the following concurrent resolution (S. Con. Res. 18), which sage of the so-called Dale civil service retirement bill, which

was considered by unanimous consent and agreed to: were referred to the Committee on Civil Service.

Resolved by the Senate (the House of Representatives concurring), He also presented letters in the nature of petitions from That 1,500 copies of Senate Document No. 95, entitled "Report of the Sarah Williams Chapter, Daughters of the American Revolution, Federal Trade Commission on Cooperative Marketing of Farm Products," of Danielson, and Sibbel Dwight Kent Chapter, Daughters of transmitted to the Senate on May 2, 1928, in response to Senate Resothe American Revolution, of Suffield and Windsor Locks, both lution 34, Sixty-ninth Congress, be printed, with illustrations, of which in the State of Connecticut, praying for the retention of the 500 copies shall be for the use of the Senate and 1,000 copies for the national origins quota provision in the immigration law, which use of the House of Representatives. were referred to the Committee on Immigration. He also presented a resolution adopted at the forty-fourth

ENROLLED BILL PRESENTED annual encampment of the Connecticut Division, Sons of Union Mr. GREENE, from the Committee on Enrolled Bills, reported Veterans of the Civil War, favoring the passage of legislation

that this day that committee presented to the President of the granting increased pensions to Civil War veterans and their

United States the enrolled bill (S. 3594) to extend the period of widows, which was referred to the Committee on Pensions.

restriction in lands of certain members of the Five Civilized lle also presented letters in the nature of petitions from the Tribes, and for other purposes. congregations of the First Congregational Church of Stamford and the Methodist Episcopal Church of New London, and of

BILLS AND JOINT RESOLUTION INTRODUCED sundry citizens of Danbury and New Haven, all in the State of

Bills and a joint resolution were introduced, read the first Connecticut, praying for the passage of the so-called Gillett time, and, by unanimous consent, the second time, and referred resolution (s. Res. 139) suggesting a further exchange of views

as follows: relative to the World Court, which were referred to the Com

By Mr. MOSES: mittee on Foreign Relations.

A bill (S. 4382) to amend the act (Public, No. 135, 68th REPORTS OF COMMITTEES

Cong.) approved May 24, 1924, entitled "An act for the reorganiMr. SACKETT, from the Committee on the District of Co-zation and improvement of the Foreign Service of the United lumbia, to which was referred the bill (S. 4087) authorizing States, and for other purposes ”; to the Committee on Foreign the use of certain land owned by the United States in the Dis- Relations.

was

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