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Whereas Sand Island It now on the Washington side of the point in the river where the north channel of the river was when the island wan originally ceded to the United States and that It Ib a shifting, changing mass of sand above high-tide water and has never been used by the United States for military purposes; and

Whereas since the cession of said island to the United States, previous to 19O5, the citizens of tbe State of Washington and of the Bute of Oregon did secure fishing licenses from their respective States for the use of said island as a public fishing ground and did use said island as a public fishing ground; and

Whereas beginning in the year 1903 the War Department asserted control over said Island, advertised for bids for the privilege of fishing thereon, and did issue licenses to fish thereon for various terms of years and for various monetary considerations, and has ever since that time asserted control, advertised for similar bids, and issued licenses and permits for monetary considerations; and

Whereas the United States has received from various licensees and permittees for the privilege of flsblug on Sand Island from the year 1905 to and including the year 1027 the sum of $—: Now, therefore,

Be It enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized to pay to the bureau of fisheries of the State of Washington out of any money in the Treasury not otherwise appropriated, one-half the sum of $— and the other one-half of said sum of $— to the State fish commission of the State of Oregon in full satisfaction of all claims for money had and received by the United States from the issuance or sale of fishing licenses, leases, or permits on Sand Island In the entrance to the Columbia River: Provided, That previous to the payment of said sum of money to the bureau of fisheries of the State of Washington and the State fish commission of the State of Oregon, as aforesaid, the supervisor of fisheries and the Governor of tbe State of Washington and the chairman of the State fish commission and the Governor of the State of Oregon shall sign a Joint stipulation to the Treasury of the United States that all of said money will be expended jointly by them within five years after the date of payment thereof to the bureau of fisheries of the State of Washington and the State fish commission of the State of Oregon in the propagation and protection of Ash In the Columbia River and Its tributaries; and, too, that on and after April 1, 1929, the Secretary of War shall cease to issue fishing licenses for tbe use of Sand Island, If previous to that date the supervisor of fisheries of the State of Washington and the chairman of the State fish commission of the State of Oregon shall agree to issue licenses jointly for the use of Sund Island as a fishing ground and shall stipulate in said agreement with the Secretary of War that all fees received for said licenses shall be expended jointly by them for the propagation and protection of fish In the Columbia River and also that one-half of said licenses shall be Issued to the citizens of the State of Washington and one-half of said licenses to the citizens of the State of Oregon, unless and except in case that a sufficient number of citizens of either State fall to make application for said licenses previous to an annual date to be fixed by them: Provided, That said supevlsor of fisheries of the State of Washington and the chairman of the State fish commission of the State of Oregon shall make and enforce jointly all regulations for fishing on Sand Island: And provided further. That In time of war or in case said supervisor of fisheries of the State of Washington or the chairman of the State fish commission of the State of Oregon shall fall to carry out the agreement with the Secretary of War, as hereinbefore provided, the Secretary of War shall take control of the fishing rights on Sand Island and shall report said action to Congress within 30 days.

Mr. DILL. Mr. President, this island was ceded by the State Of Oregon to the United States during the Civil War for military purposes. The swirling waters of the Columbia have shifted this mass of sand across the river until it is now on the north side of the channel, which was formerly on the north side of the island. This mass of sand called an island has moved like a sand dune on the desert

The War Department has never used it for military purposes. It has been used entirely for fishing purposes. There has been collected more than $400,000 for fishing license fees. This money is in the Treasury of the United States. It should lie used for the propagation of fish in the Columbia River by the fisheries departments of the States of Washington and Oregon. It was collected because of the fish in the river and should be used to perpetuate the fish there. That is the purpose of the legislation. I hope to have the bill considered by the Public Lands Committee within a few days and have it reported favorably to the Senate.


Bills and a joint resolution were Introduced, read the first time, and, by unanimous consent, the second time, and referred as follows:


A bill (S. 4397) granting a pension to Frances McLeod; to the Committee on Pensions.


A bill (S. 4398) granting an increase of pension to Sarah Stanley (with accompanying papers); to the Committee on Pensions.


A bill (S. 4399) granting an increase of pension to Marguerite W. Houston; to the Committee on Pensions.


A bill (S. 4400) for the relief of Peter Joseph Sliney; to the Committee on Naval Affairs.


A bill (S. 4401) authorizing Elmer J. Cook (his heirs, legal representatives, and assigns), to construct, maintain, aiid operate a bridge across Bear Creek at or near Lovel Point, Baltimore County, Md., and a point opposite In Baltimore County, Md.; to the Committee on Commerce.

A bill (S. 4402) authorizing the Secretary of the Navy to assign to the Chief of Naval Operations the public quarters originally constructed for the Superintendent of the Naval Observatory in the District of Columbia; to the Committee ou Naval Affairs.


A bill (S. 4403) granting a pension to John II. Glynn (with accompanying papers) ; to the Committee on Pensions.


A bill (8. 4404) granting a pension to Benjamin F. Jackson; to the Committee on Pensions.


A bill (S. 4405) authorizing the Detroit River Canadian Bridge Co., its successors and assigns, to construct, maintain, and operate a bridge across the IX-troit River at or near Stony Island, Wayne County, State of Michigan; to the Committee on Commerce.


A bill (S. 4406) to provide for the establishment of the Fort Boonesboro national monument in the State of Kentucky, and for other purposes; to the Committee ou Public Lands and Surveys.

By Mr. FESS:

A bill (S. 4407) to amend section 5, subsection C, of the act of March 3, 1923, entitled "An act establishing standard grades of naval stores, preventing deception in transactions in naval stores, regulating traffic therein, and for other purposes"; to tbe Committee on Agriculture and Forestry.

A bill (S. 4408) for the relief of the legal representatives of Cobb, Blasdell & Co.; to the Committee on Claims.

By Mr. REED of Pennsylvania:

A bill (S. 4409) to promote labor and Industry in the United States by expanding in the foreign field the service now rendered by the United States Department of Labor in acquiring and diffusing useful information regarding labor and industry, and for other purposes; to the Committee on Education and Labor.


A bill (S. 4410) granting a pension to Julia T. Goodhue; to the Committee on Pensions.


A joint resolution (S. J. Res. 146) to provide for reports to the Congress on the employment in the classified civil service of members of the same family; to the Committee on Civil Service.


On motion of Mr. Fesb, the Committee on the Library was discharged from the further consideration of the bill (H. R. 9965) to erect a tablet or marker to mark the site of the Battle of Kettle Creek, in Wilkes County, Ga., where, on February 14, 1779, Elijah Clarke, of Georgia, and Colonel Pickens, of South Carolina, overtook the Tories under Colonel Boyd, killing him and many of his followers, thus ending British dominion in Georgia, and it was referred to the Committee on Military Affairs.


Mr. COPELAND submitted an amendment intended to be proposed by him to House bill 1, the tax reduction bill, which was ordered to lie on the table and to be printed.


On motion of Mr. Binoham, the concurrent resolution (S. Con. Res. 11) to investigate the problem of the control of aircraft for seacoast defense, was taken from the calendar and referred to the Committee to Audit and Control the Contingent Expenses of the Senate.


A message from the House of Representatives, by Mr. Haltigan, one of its clerks, transmitted to the Senate the resolutions of the House (H. Res. 1ST) adopted as a tribute to the memory of Hon. James A. Gallivan, late a Representative from the State of Massachusetts.

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

S. 2978. An act authorizing the Secretary of War to donate certain buildings to the city of Tucson. Ariz.; and

S. 3824. An act to correct the descriptions of land comprising the Bryee Canyon National Park, as contained in the act approved June 7, 1024, entitled ''An act to establish the Utah National 1'ark in the State of Utah," and (he act approved February 25, 1928. entitled "An act to change the name of the Utah National Park, the establishment of which is provided for by the act of Congress approved June 7. 1924 (43 Star. 593), to the 'Bryee Canyon National Park,' and for other purjKises."

The message also announced that the House insisted upon its amendment to the hill (S. 1609) recognizing the heroic conduct, devotion to duty, and skill on the part of the officers and crews j of the U. S. S. Republic, American Trailer. }'rr»i<lcnt Ruoxe- \ velt, President llnrilhiu, and the British steamship Cuntvronia, and for other purposes, disagreed to by the Semite; agreed to the conference requested by the Senate on the disagreeing votes of the two Houses thereon, and that Mr. White of Maine, Mr. Lehlhach, and Mr. Davis were appointed managers on the part of the House at the conference.

The message further announced that the House insisted upon its amendment to the joint resolution (S. J. Res. 23) providing for the participation of the United States in the celebration in 1929 and 1930 of the one hundred and fiftieth anniversary of the conquest of the Northwest Territory by Gen. George Rogers Clark .and his army, and authorizing an appropriation for the construction of a permanent memorial of the Revolutionary War in the West, and of the accession of the old Northwest to the United States on the site of Fort Sackville. which was captured by George Rogers Chirk and his men February 23, 17711, disagreed to by Senate: agreed to the conference requested by the Senate on the disagreeing votes of the two Houses thereon, and that Mr. LrcE. Mr. Allen, Mr. Davenport. Mr. Gii.bekt. and Mr. I'ulwinkle were appointed managers on the part of the House at the conference.

The message also announced that the House had passed the following bill and joint resolution of the Senate, each with an amendment, in which it requested the concurrence of the Senate:

S. 2910. An act granting to the State of South Dakota for park purposes the public lands within the Custer State Park, S. Dak.; and

S. J. Res. 133. Joint resolution making an emergency appropriation for flood protection on White River, Ark.

The message further announced that the House had passed the following bills of the Senate, severally with amendments, in which it requested the concurrence of the Senate:

S. 750. An act to amend the act entitled "An act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, and for other purposes:

S. 757. An act to extend the benefits of certain acts of Congress to the Territory of Hawaii;

S. 3571. An act granting the consent of Congress to the County Court of Roane County, Tenn., to construct a bridge across the Emory River at Sudduths Ferry, in Roane County, Tenn.; and

S. 3598. An act authorizing Dupo Bridge Co., a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Mo.

The message also announced that the House had passed the following bills and concurrent resolutions, in which it requested the concurrence of the Senate:

H.-R. 5826. An act authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Louisiana State Museum, of the city of New Orleans, La., the silver bell in use on the cruiser New Orleans;

H. R. 10049. An act providing for the transfer of a portion of the military reservation known as Camp Sherman, Ohio, to the Department of Justice;

H. H. 10951. An act authorizing H. L. McKee, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Sabine at or near Port Arthur. Tex.;

H. R. 11273. An act to amend section 127a, national defense act. as amended and approved June 4, 1920;

H. H. 11580. An act to authorize the leasing or sale of land reserved for administrative purposes on the Fort Peck Indian Reservation, Mont.;

II. R. 11724. An act to provide for the paving of the Government road, known us the Ringgold Road, extending from Chickamauga and Chattanooga National Military Park, in the State of

Georgia, to the town of Ringgold, Ga., constituting an approach road to the Chickamauga and Chattanooga National Military Park;

H. R. 11981. An act to authorize ofllcers of the Medical Corps to account certain service in computing their rights for retirement, and for other purposes;

H. R. 12067. An act to set aside certain lands for the Chippewa Indians In the State of Minnesota;

H. R. 12235. An act authorizing B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, 111.; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near Tenth Street in Bettendorf, State of Iowa;

H. R. 12354. An act to grant to the city of Leominster, Mass., an easement over certain Government proi>erty;

H. R, 12446. An act to approve a deed of conveyance of certain land in the Seneca oil spring reservation, New York;

H. R. 12479. An act authorizing the sale of all of the interest and rights of the United States of America in the Columbia Arsenal property, situated in the ninth civil district of Maury County, Tenn., and providing that the net fund be deposited in the military post construction fund:

H. R. 13032. An act to amend the act of February 8, 1895. entitled "An act to regulate navigation on the Great Ijikes and their connecting and tributary waters ";

H. R. 13037. An act to amend section 1, rule 2. rule 3, subdivision (e). and rule 9 of an act to regulate navigation on the (ireat Lakes and their connecting and tributary waters, enacted February 8. l.sflo (cli. 64, 28 Stat. L. sec. 045);

H. R. 18383. An act to provide for a five-year construction and maintenance program for the United States Bureau of Fisheries;

H. R. 13481. An act granting the consent of Congress to the Alabama State Bridge Cor|K>ration to construct, maintain, and operate bridges across the Tennessee. Tombigbee, Warrior, Alabama, and Coosa Rivers, within the State of Alabama:

H. Con. Res. 30. Concurrent resolution to provide for the printing of additional copies of the hearings held before the Committee on the District of Columbia of the House of Representatives on bills relative to capital punishment in the District of Columbia; and

H. Con. Res. 33. Concurrent resolution to print and bind the proceedings in Congress, together with the proceedings at the unveiling in Statuary Hall of the statue of President Andrew Jackson presented by the State of Tennessee.


Mr. McNARY. Mr. President, I ask -inaniinous consent to have printed in the Record two very thoughtful and informative editorials published in the Pemlletou. East Oregonian, entitled '• Our wheat rates too high."

The VICE PRESIDENT. Without objection, it is so ordered.

The editorials are as follows:

[Editorial of May 1, 1928]


Canadian railroads haul wheat from Winnipeg to Port Arthur, Ontario, for 14 cents per hundred weight, the distance being 424 miles whereas the rate from 1'endlrton to Portland, a distance of 218 miles, la 18% cents a hundred. The Canadian rate is 4'/2 cents a hundred lower than our rate yet the distance In Canada is approximately twice as far as from here to Portland. From Heppner to Portland, a distance of 196 miles, the rate Is 22'/ji cents, whereas in Canada the rate from Urydoii. Ontario, to Port Arthur, a distance of 215 miles, is 12 cents, Ueppner farmers pay a rate that is 10% cents higher than the rate charged for a grejiter distance in Canada.

As shown by the following table provided by the Oregon Public Service Commission, the rates from Canadian points to I'ort Arthur are Invariably lower than the American rates and sometimes less than half the rales paid by farmers in this country:

Kates on wheat carloads for effort and domestic shipment (fee note) in ct'nts per IW pounds



Rates on wheat carloads for erport and domestic shipment (see note) in cents per 100 pounds—Continued

Rate per Distance From- hundred(miles) weight 265 Yakima, Wash 21% 273 Waitsb Wash- 19 294 rner, Wash 19 304 || La Crosse, Wash 21% 312 Pomeroy, Wash 23 325 | conneli, wash. 21% ;|go: ; ane, Wash.-----421 o iah, Idaho------------------------------ 28% 433 || Granville, Idaho- 31 564 Paradise, Mont- 27 634 Missoula, Mont 29 703 || Garrison, Mont 30% 754 Helena, Mont 31% 828 Logan, Mont----------------------------- 31% 877 | Livingston, Mont--------------------------------------------- 32 992 | Billings, Mont-------------------- 33% 1,006 Fo Mont--- 34 1,021 | Red Lodge, Mont--------------------------------------------- 34% 1,350 Beach, N. Dat...I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I. 52

t NotE-Rates shown from Montana points to Portland, Oreg., are exclusive expor

rates, local rates are 7 cents per hundredweight higher. Other rates apply both on export and domestic shipments.

To Port ARTHUR, oxtario

- Rate per Distance (miles) From o 215 Dryden, Ontario----- ----------------------------------------- 12 298 13.1% 393 14 411 Oatbank, Manitoba 14 432 Bergen, Manitoba--------------------------------------------- 15 465 | Poplar Point, Manitoba- 15 495 || Bagot, Manitoba------ 16 557 | Brandon, Manitoba- 16 621 Elkhorn, Manitoba-- 18 704 || Grenfell, Saskatchewan.-- 19 816 Pasqua, Saskatchewan---------------------------------------- 20 242 | Vermillan Bay, Ontario--------------------------------------- 13.1% 262 Pine, Ontario------------------------------------------------- 1314 273 Hawk Lake, Ontario------------------------------------------ 13% 301 | Keewatin, Ontario-------------------------------------------- 13% 308 || Laclu, Ontario---- 14 312 | Busteed, Ontario 14 329 || Ingulf, Ontario---- 14 364 Darwin, Manitoba- 14 370 Whitemouth, Manitoba- 14 424 Winnipeg, Manitoba- 14 439 Rosser, Manitoba--- 15 565 Kemnay, Manitoba-- 17 635 | Fleming, Saskatchewan 18 739 Indian Head, Saskatchewan- 19 781 Regina, Saskatchewan---- 20 Moose Jaw, Saskatchewan------------------------------------ 20 876 Caplin, Saskatchewan - 22 985 Rosetown, Saskatchewan--- 23 1,009 | Cardell, Saskatchewan------ 23 1,017 | Maple Creek, Saskatchewan 23 1, Calgary, Alberta---------------------------------------------- 26

Since the price of wheat is based upon the export market less the cost of transportation our present rates place our farmers at a disadvantage compared with Canadian farmers.

To-morrow the East Oregonian will publish a schedule showing rates from various points to Portland and the rates charged to Duluth from points comparable as to distance.

[Editorial of May 1, 1928] our W HEAT rates Too High

Wheat freight rates are much lower in Canada than in the United States, according to schedules secured by this paper from the Oregon public service commission. In many cases the Canadian rates are less than half the rates prevailing in this country. But the rates from American points to Duluth are also lower than the rates from our interior country to Portland. The wheat rate from Heppner, Condon, and Shaniko to Portland is 22% cents whereas the rate to Duluth from points comparable as to distance are but 13% and 14 cents. That means that our friends in Morrow, Gilliam, and Sherman Counties pay vastly more in freight charges than do the Minnesota farmers who ship to Duluth from about the same distance. Pendleton farmers pay 18% cents for shipping their wheat from this point to Portland while from Lake Park, Minn., to Duluth, virtually the same distance as from here to Portland, the rate charged is only 14% cents. The following table provided by the public service commission shows a comparison between the rates charged to Portland and to Duluth from points of approximate distance.

Rates on wheat carloads for crport and do.”ic shipment (see note) in cents period pounds


Distance From- *:::::::. (miles) weight 170 Shaniko, Oreg------------------------------------------------- 22% 185 Condon, Oreg------------------------------------------------- 22, 196 | Heppner, Oreg------------------------------------------------ # 218 Pendleton, Oreg---------------------------------------------- 1814 252 | Bend, Oreg--------------------------------------------------- 23% 292 La Grande, Oreg---------------------------------------------- 25 392 || Huntington, Oreg--------------------------------------------- 28 415 | Weiser, Idaho------------------------------------------------- 30 432 Ontario, Oreg------------------------------------------------- 31 405 || Caldwell, Idaho----------------------------------------------- 34 494 | Boise, Idaho-------------------------------------------------- 35 559 || Glenns Ferry, Idaho------------------------------------------ 38 611 | Shoshone, Idaho---------------------------------------------- 42 701 || Twin Falls, Idaho-- 44 817 | Montpelier, Idaho-------------------------------------------- 47 244 Walla Walla, Wash- 1814 304 || Lacrosse, Wash--- 21% 312 Pomeroy, Wash-- 23 370 Spokane, Wash--- 24 356 Lewiston, Idaho-- 24 433 : G. 31 564 Para 27 634 Mi 29 703 30% 754 Helena, 31} o 828 Logan, M 31 877 | Livingston, Mont- 32 992 | Billings, Mont---- 33% 1,006 || Bri , Mont---- 34 1,021 | Red ge, Mont--- 34% 1,433 Mandan, N. Dak---------------------------------------------- 52

NotE.-Rates shown from Montana points to Portland, Oreg., are exclusive export rates, local rates are 7 cents per hundredweight higher. Other rates apply both on export and domestic shipment.


Rate per Distance - From- hundred(miles) weight 179 Sauk Center, Minn- 1313 184 Stiles, Minn--------------------------------------------------- 1333 200 Underwood, Minn-- 14 216 || Lake Park, Minn--- 14% 255 || Great Bend, N. Dak-- 1733 295 || Hill Top, Mi 16 392 | Bowesmont, N. Dak-- 17; ; 412 Pembina, N. 17}} 434 Wing, N. Dak---- 23% 464 Mercer, N. D. 24 492 Almont, N. Dak-- 26 561 Dickinson, N. 28 612 || DeMores, N. Dak 30 702 32% 812 244 15% 304 20 310 20 373 21 360 ź 433 23} 565 * 29.1% 631 Yates, Mont-------------------------------------------------- 31 706 | Terry, Mont-------------------------------------------------- 3.2% 78 Horton, Mont------------------------------------------------- 35 828 Rancher, Mont----------------------------------------------- 37}; 880 Huntley, Mont----------------------------------------------- 39 995 | Elton, Mont----- 42 1,008 || Livingston, Mont 42 1,021 West End, Mont--- 42 1,403 Cedar Spur, Mont------------------------------ 56

As will be noted, the table above shows that the rate from Lake Park to Duluth is 4 cents lower than the rate from Pendleton to Portland. Since Pendleton is a main-line point and has a water-grade rate to Portland, why this differential :

The freight cost is borne by the grower and is deducted from the price paid him for his wheat. If Umatilla County farmers pay 4 cents a hundred more than they should for the hauling of their wheat to tidewater, they lose around $125,000 a year. That is a large sum and if our farmers were required to subscribe that amount each year for a useless purpose they would complain seriously because of the burden.

The East Oregonian is inclined to the belief they are making just such a donation. Read the schedules and judge for yourself.

LEoN P. ches LEY

Mr. REED of Pennsylvania. Mr. President, I have an embarrassing statement to make to the Senate. Last night when we were considering the Spanish War veterans' pension bill I offered an amendment, which will be found on page 8098 of the CoNGREssionAL REcoRD, in behalf of Leon P. Chesley. I made the statement that he is a Civil War veteran and completely disabled. I find this morning that that is partially incorrect.


He is a Spanish War veteran. The statement that he is hopelessly disabled was true. He is unable to work at all and for that reason the $50 pension was snggested, but he is not, as I stated, a Civil Wnr veteran. I am willing to ask unanimous consent, if any Senator desires, for a reconsideration of the bill and the striking out of the amendment, but I do not want to have it remain in the bill under false pretenses.

Mr. KING. Mr. President, has the matter been before the committee and was there favorable action on it?

Mr. REED of Pennsylvania. It was before the committee, but the committee did not include it in its report. I believe that, was because he is a Spanish War veteran.

Mr. KING. In view of the fact that there will be many applications of the same character and the matter is before the committee, I think it should go back to the committee.

Mr. RKED of Pennsylvania. Then I ask unanimous consent that the vote by which the bill was ordered to a third reading and passed be reconsidered, the amendment rejected, and the bill passed without the amendment.

Mr. BRUCE. Mr. President, what bill is it to which the Senator-refers?

Mr. REED of Pennsylvania. A pension bill for veterans of other wurs than the Civil War.

Mr. BRUCE. Ami not a special pension bin?

Mr. REED of Pennsylvania. It is an omnibus pension bill. When it was under consideration I offered the amendment and in support of it made the statement I have explained. Now, I ask unanimous consent that the votes by which the bill was ordered to a third reading and passed may be reconsidered and that the amendment may be reconsidered. It Is a deserving case.

Mr. KING. If the committee reports upon it I shall have no objection.

Mr. NEELY. Mr. President, may I ask the Senator from Pennsylvania if this action will in any wise prejudice the bill? I do not want to take action that will deprive others of relief.

Mr. KING. No; the bill will be passed immediately.

Mr. REED of Pennsylvania. We will pass the bill without the amendment to which I have referred.

Mr. JOHNSON. Mr. President, will the Senator from Pennsylvania yield?

Mr. REED of Pennsylvania. Certainly.

Mr. JOHNSON. If it is a deserving case, and if It ought to be provided for, why should we, because of an innocently erroneous statement made by the Senator from Pennsylvania last uight, which he now corrects, go to the trouble of reconsidering the bill? The whole question with me would rest upon whether it ought to be done and whether or not the man is deserving. If he is. why not let the matter rest as it is?

M^ KING. It relates to a different kind of case from those which we were considering. The committee will have other cases of a similar character, and I would like a policy to be laid down by the committee.

Mr. JOHNSON. Here is a man disabled.

Mr. KING. Let the committee pass upon it.

Mr. JOHNSON. It is not my bill and I have no interest in it except from the statement made. My sympathy is entirely with the individual who is disabled and to whom the pension would be paid. I wish it were possible under these circumstances to permit the bill to stend with the provision suggested.

Mr. BINGHAM. Mr. President, may I ask the Senator from Pennsylvania whether the case properly belongs in the bill?

Mr. REED of Pennsylvania. Yes; this is the appropriate bill for the amendment to be in if it is to go in at all.

Mr. BINGHAM. Has the committee considered the bill at all?

Mr. REED of Pennsylvania. The private pension bill was introduced by me and referred to the committee, and they took no action upon it. Therefore I presented the case in the form of an amendment last night.

Mr. BINGHAM. The committee have already considered the cast;?

Mr. REED of Pennsylvania. Apparently they have not; at least they have taken no action. The Senate approved of the case on an incorrect statement made by me, and I can not afford to have the Senate feel that I do not make correct statements.

Mr. CARAWAY. Mr. President, will the Senator yield?

Mr. REED of Pennsylvania. Certainly.

Mr. CARAWAY. Of course no oue would suspect that. It would have gone in just as easily if the Senator had been correct about the war in which, the man served. I am hopeful that the Senator from Utah will withdraw his objection,

LXIX 515

Mr. KING. The only point I have in mind is that the amendment will necessitate the bill going back to the House again, whereas if it is not in we will pass the bill without it.

Mr. REED of Pennsylvania. The Senate committee put on a lot of amendments which will have to be considered by the House.

Mr. KING. If that is true, I have no objection.

Mr. BRATTON. Mr. President, as a member of the committee, though not speaking for other members of the committee, I hope the vote will not be reconsidered and that we will let the passage of the bill last night stand.

Mr. KING. I have no objection, but I thought the amendment would require the bill to go back to the House and would delay procedure.

Mr. REED of Pennsylvania. No; not at all.

Mr. KING. Then I have no objection.

Mr. FLETCHER. Mr. President, I do not understand that the committee to which the bill was referred ever made an adverse report or took adverse action on the amendment; they just did not reach it.

Mr. REED of Pennsylvania. They did not do anything with It.

Mr. FLETCHER. I think it ought to pass.

Mr. NORRIS. Mr. President, inasmuch as it seems to be conceded that the man Is entitled to a pension and that his item is properly in the bill, and also conceded that the committee had not acted in the case or had not reached it and therefore had taken no adverse action, and some of the members of the committee think it a just provision, I think the way out is not to reconsider anything, and therefore I object to the granting of the request made by the Senator from Pennsylvania.

The VICE PRESIDENT. Objection is made.


Mr. LA FOLLETTE. Mr. President, I ask unanimous consent to have inserted in the Record an editorial from the Grand Rapids Herald entitled "Tax tyranny."

There being no objection, the editorial was ordered to be printed in the Record, as follows:


The decision of the United States Board of Tax Appeals in favor of Senator Cocze.ns, of Michigan, terminates the most spectacular tax litigation in American history. It does not terminate the repercussions. These will be heard for many a day and year to come. Whether oue agrees with Senator Couzkxs in all of his Mellon warfare or not it seems to the Herald that no impartial study of the facts can justify the warfare which the Treasury Itself has conducted against Senator Couzens or can do other than sustain yesterday's verdict.

The very nature and circumstance of the dispute put the Treasury Department in unfortunate and untenable posture from the start. Ilere was an effort to revise an old assessment made on values fixed by the Government Itself in the matter of Coczens's sale of Ford stock. Here was an effort to collect $10,000,000 in back taxes agnlnat one citizen after this citizen long since had paid in full on the basis originally dictated by the Treasury itself. Thirty-one different bureaus and departments of the Government had rendered 63 separate and distinct decisions validating this original basis and approving the original assessment. In all common sense and all decency, as between a citizen and his government, thia cumulative decision should have been conclusive and final.

But this did not happen In the Couzhns case. Instead, another decision finally overturned all these others. This subsequent decision, furtliermore, was made within eight hours after Senator Con Zen a launched bis initial attack upon conditions In the Internal Revenue Department. Perhaps this was only a strange and fortuitous and unhappy coincidence, as the Treasury, of course, insists. But even the Treasury must admit that the coincidence could invite suspicion. There is a resolution pending in the Senate to investigate this latter hypothesis, which, of course, if true would he insufferable tyranny. Intimidation or reprisal would be a dangerous weapon In the hands of so powerful an agency as the Treasury. Whether this hypothesis be warranted or not, the whole story discloses an extremely dangerous possibility of the use of governmental power. A citizen less wealthy than Senator Couzens would be ruined by such an experience long before a tax board could coine to his relief. A citizen lees pugnacious than Senator Couzkxs would have been driven to composition and surrender.

The Government should take a lesson from the Colzens case. It should be bound by its own decisions. It should give every honest citizen the beuelit of the doubt. Ho far as this particular Issue is concerned, Senator Couzens has not been fighting for himself alone. He has rendered his country a useful service.


Mr. COPELAND. Mr. President, I send to the desk a letter, which I ask may be read by the clerk.

The VICE PRESIDENT. The clerk will read, as requested.

The Chief Clerk read the letter, as follows:

Niagara Falls, N. Y., Uay 1, 1928. Hon. Royal 8. Copf.land,

Untteil States tienatc, Washinfjton, D. O.

Dkar Sir: We desire to call your attention to the murderous assault committed on Jacob 1). Hansen by two members of the United States Coast Guard Service situated at or near Fort Niagara.

When driving his iiutomobile up the Lewiston Hill, Just outside of tills city, at about 3 o'clock on the morning of May 6 he was called upon to stop by a man in the road. This man was dressed In overalls and a sheepskin coat. Mr. Hansen did not stop and the man flred several shots at him. There was another man stationed farther up the hill dressed in the simp kind of clothes, and as Mr. Haosen approached this man he flred a grent many times at the car, which was approaching him, and one of the bullets struck Mr. Hansen in the right temple, put out both of his eyes, fractured his skull In several places, and lodged In the back of his head. Mr. Hansen is at the point of death and, as we are Informed, will probably die within a short time. Kven If he should recover, he will be totally blind.

Mr. Hansen Is the secretary of the local lodge of Elks and is a prominent and respected citizen of this city.

In the interest* of the public of this community generally it seems to us that nn investigation of this matter should be ordered and that the man who fired the shots, if Mr. Hanson dies, should pay the penalty prescribed by law for murder In the first degree.

No law-abiding citizen is safe on the roads in and about the Niagara frontier so long as these men of the Const (Juard are allowed to hold up a car In the nighttime by shooting at the occupants thereof without any Information whatsoever as to the character of the occupants of the cur.

We hope that you will do whatever you can in your official capacity toward curbing these practices by the Coast Guard men and toward bringing the perpetrators of this crime to justice. Very truly yours,

Wallace & Orh.

Mr. COPELAND. Mr. President, what committee of the Senate luis charge of matters concerning the United States Coast Guard?

The VICE PRESIDENT. The Committee on Commerce.

Mr. COPELAND. I a.sk that this letter be referred to the Committee on Commerce, and the committee requested to have an explanation made of this terrible situation.

In this connection I send forward an article from the New York Sun giving more details of this murderous attack upon this citizen and ask that it be printed in the Record, and that the whole matter be referred to the Committee on Commerce with a request for an early report.

The VICE PRESIDENT. Without objection, it is so ordered.

The matter referred to is as follows:

[From the New York Sun of Monday, May 7, 1928] Dry Spies Admit Motor ShootingVictim, Prominknt Elk, In SeriOus ConditiohUpstate Feeling Runs HighGuabds Say They

Wkrk Tbying To Halt Cab

Niagara Falls, May 7.—The condition of Jacob D. Hanson, shot hy United Slates Coast Guard men when he failed to stop his car on Lewiston Hill early Sunday morning, was unchanged to-day. Hanson has a bullet wound in the head, and physicians say If he recovers he probably will be blind. Uansou is secretary of the local lodge of Elks.

The shooting occurred within a stone's throw of the city's exclusive residential section at Lewiston Heights, and the road over which Hanson was traveling Is a main highway leading to the summer homes of many Niagara Falls and Buffalo residents along the lower Niagara and Lake Ontario shores.

The two men held in the shooting—Glenn Jennings and Chris Pew, Coast Guard men—have admitted the shooting. Jennings flred the shot which wounded Hanson. Assistant District Attorney Edmund D. O'Brien made public to-day statements which Dew and Jennings had made to him.

According to the two Coast Guard men's version of the shooting, as given to the assistant district attorney, they had been assigned to duty on the hill by their superior officers, with instructions to stop and search any cars suspected of carrying contraband liquor.

Dew was stationed at the curve in the road under the overhead crossing of the New York Central Railroad tracks and Jennings was farther up the hill near the next curve in the road.


Dew said that he saw the Hanson car approaching up the hill at what he claimed to be a high rate of speed, arid as It rounded the first curve under the bridge he stepped in front of the car with a gun in one hand and a flashlight in the other, which he waved in a signal for the machine to stop. He said that the car Increased its speed and he was forced to jump to the side of the road to avoid being struck;

then, according to bin statement, he fired fonr shots Into the bank on the opposite side of the road in an effort to frighten the driver.

Jennings, who had seen what was taking place farther down the bill, stepped into the road, he said, with the Idea of crippling the car by firing Into the engine and forcing It to stop. He said that he flred flve shots as the car approached and while It was passing the point where he stood. He flred one shot after the car had passed. He said that he then saw the car strike the curb and slide along, coming to a stop approximately 100 feet from where It struck. He did not kr-ow that any of his shots had taken effect and ran to the car and saw that the man was injured.


Buffalo, May 7.—Feeling In western New York runs high to-day against two Coast Guard men held on a charge of shooting Hanson.

Hanson was returning to the Falls after taking a party of friends to Lewiston following their attendance at the silver-jubilee celebration of the North Tonawanda Lodge of Elks. The Coast Guard men, clad In overalls aud sheepskin jackets, came upon him on the Lewiston hilL Suspecting he was a rum runner they commanded him to stop.


From the rather nondescript appearance of the pair, Hanson apparently thought they were highwaymen. lie tried to speed away. The guardsmen flred several shots. One went through the windshield and entered the driver's right temple. The car ran into the rocky bank and stopped.

Clarence R. Ruunalx, prominent Falls attorney, said to-day one of the Coast Guard men aroused him nt daybreak and asked permission to use the telephone to call an ambulance. The man's appearance was so disreputable, he said, that he forced the stranger to remain outside and locked the door while he summoned the conveyance himself.


Citizens generally at the Falls are aroused. The management of one theater has offered the Elks the use of Its house for an indignation meeting to-night to protest against the shooting of innocent citizens by Federal men. Stories of other shootings at motorists are freely circulated. Several lawyers who are members of the Elks in Niagara Falls and Buffalo have offered their services gratis to see that justice is done. Wealthy members of the order in western New York have offered financial aid to bring Jennings and Dew before the courts.

Hanson Is one of the most widely known men in Niagara Falls. He Is unmarried.


Mr. TYDINGS. Mr. President, I ask unanimous consent to have inserted in the Record a si>oceh on unemployment hy the junior Senator from New York [Mr. Wagnee], delivered over WRC May 8, 1928.

The VICE PRESIDENT. Without objection, it will be so ordered. •

The matter referred to is here printed, as follows:

To my mind the elimination of unemployment Is a Federal task In a class with flood control and national defense. Fundamentally, It is a business question that has nothing to do with politics. We know that every so often, in fact six times within the past 3o years (1893, 1803, 1908, 1914, 1021, aud 1927) we suffer depressions which shut down our factories and our mines, slacken our transportation systems. and reduce the volume of building and trade. We also know that on every one of those occasions millions of workmen are thrown out of work through no apparent fault of their own. Soon enough their savings are exhausted, their resources gone, and they are compelled to undergo the shame and degradation of applying for relief. How long they suffer in silent misery, going without the most elementary needs, is known to everyone who has taken an interest in their plight.

If you have ever knocked at one factory gate after another without gaining admittance, if you have ever stared at a sign " No men wanted," and felt that It was written especially to you, if you have tramped the city streets hour after hour without seeing a single doorway which meant welcome to you, and through which you could step to work and wages, if you have done any of these, then you have experienced the emptiness of heart, the drooping of the lips, the sinking of the knees, and the stooping of the shoulders of the man without a job.

Right now we have In this country a vast number of these men and women who are ready, able, and anxious to work to multiply the fabulous wealth of this Nation, hut opportunity is denied them. They are treated as outcasts of industry. To me they present a very depressing yet a challenging picture. I can imagine them lined up in a single file reaching from the White House to Kansas City, and their wives and children stretching the line beyond to the Golden Gate of California. I do not mean to use figures of speech. The line of job hunters I have projected Is a very real one for we have now mobilized a huge standing army of over 4,000,000 men and women who can not flnd work.

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