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• H. R. 441. An act to nnthorize an appropriation to pay hnlf the cost of a bridge and road on the Hoopa Valley Reservation. Ciilif.;

H. R. 1529. An act for the relief of the heirs of John Eimer;

H. R. 1537. An act for the relief of William R. Connolly;

H. R. 2658. An act for the relief of Finch R. Archer:

II. R. 3029. An act for the relief of Vern E. Townsend;

H. R. 3372. An act for the relief of George M. Browiler and F. N. Browder;

H. R. 3442. An act for the relief of Clifford J. Sangbove;

II. R. 3036. An act for the relief of M. M. Edwards;

H. R. 4229. An act for the relief of Jennie W.vnnt and others;

II. R. 45S8. An act authorizing an appropriation for the repair and resurfacing of roads on the Fort Baker Military Reservation, Calif.:

II. R. 4925. An act for the relief of John 51. Savery;

H. R. 4993. An act for the relief of William Thurman Enoch;

H. R. 5398. An act for the relief of the heirs of the late Dr. Thomas C. Longino;

H. R. 5465. An act to amend section 1571 of the Revised Statutes to permit officers of the Navy to count duty on airsbip.s as sea duty;

H. R. 5531. An act to amend the provision contained in the act approved August 29, 1010. relating to the assignment to duty of certain officers of the United States Navy as fleet and squadron engineers;

H. R. 5740. An act to authorize the appraisal of certain Government property, and for other purposes;

H. II. 5789. An act to provide for the gratuitous issue of service medals and similar devices, for the replacement of the same, and for other purposes;

H. R. 5806. An act to authorize the purchase of real estate by the War Department;

H. R. 5968. An act for the relief of Byron Brown Ralston;

II. R. 5981. An act for the relief of Clarence Cleghorn;

H. R. 6436. An act for the relief of Mary E. O'Connor;

II. R. 6652. An act to fix the pay and allowances of chaplain at the United States Military Academy;

H. R. 6844. An act concerning liability for participation in breaches of fiduciary obligations and to make uniform the law with reference thereto;

H. R. 6856. An act relating to the payment or delivery by banks or other persons or institutions in the District of Columbia of deposits of moneys and property held in the names of two or more persons, and for other purposes;

H. R. 7061. An act for the relief of William V. Tynes;

H. R. 7227. An act for the relief of William H. Dotson;

H. R. 7752. An act to limit the issue of reserve supplies or equipment held by the War Department;

H. R. 7937. An act to authorize mapping agencies of the Government to assist in preparation of military maps;

H. R. 8808. An act for the relief of Charles R. Wareham;

H. R. 9043. An act to authorize the payment of an indemnity to the Government of France on account of losses sustained by the owners of the French steamship Madeleine as a result of a collision between it and the U. S. S. Kerwood;

H.R.9148. An act for the relief of Ensign Jacob E. DeGarmo, United States Navy;

H. R. 9363. An act to provide for the completion and repair of customs buildings in Porto Rico;

H. R. 10139. An act for the relief of Edmund F. Hubbard;

II. R. 10192. An act for the relief of Lois Wilson;

H. R. 10276. An act providing for sundry matters affecting the naval service;

H. R. 10544. An act to abolish the office of administrative assistant and dislnirsing officer in the Library of Congress and to reassign the duties thereof;

H. R. 10643. An act authorizing the Gulf Coast Properties (Inc.), its successors and assigns, to construct, maintain, and operate a bridge across Lake L'lmmplain at or near Rouses Point. N. Y.;

H. R. 11692. An act authorizing the Gulf Coast Properties (Inc.), n Florida corporation, of Jacksonville, Duval County, Fla., its successors and assigns, to construct, maintain, and operate a bridge across Lake Champlain at or near East Alburg, Vt.;

H. R, 11741. An act for the relief of Thomas Edwin Huffman;

II. R. 11797. An act granting the consent of Congress to Columbus County, State of North Carolina, to construct, maintain, and operate a free highway bridge across the Waccamaw River at or near Reeves Ferry. Columbus County, N. C.;

H. R. 11808. An act to authorize an appropriation for the purchase of land at Selfridge Field, Mich.;

H. R. 11S09. An act to authorize an appropriation to complete the purchase of real estate in Hawaii;

H. R. 11992. An act granting the consent of Congress to the Arkansas Highway Commission to construct, maintain, and operate a free highway bridge across the Current River at or near Biggers, Ark.;

H. R. 12899. An act authorizing the ereciion for the sole use of the Pan American I'nion of an office building on the square of land lying between Eighteenth Street. C Street, and Virginia Avenue NW., in the city of \Vashiiigton. 1). C.;

H. R. 13171. An act authorizing the Secretary of the Treasury to accept a franchise from the government of the city of NewYork to change the routing of the pneumatic-tube service between the customhouse and the present appraisers' stores building, and for other purposes: and

H. J. Res. 200. Joint resolution to amend section 10 of the act entitled "An act to establish the upper Mississippi River wild life and fish refuge," approved June 7. 1924.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House of Ri'uresentatives was requested, bills of the House of the following titles:

H. R. 971. An act for the relief of James K. P. Welch;

H. R. 1951. An act granting six months' pay to Frank A. Grab;

H. R. 2473. An act for the relief of Louie June;

H. R. 6104. An act to amend sections 57 and 61 of the act entitled "An act to amend and consolidate the acts respecting copyright." approved March 4, 1909;

H. R. 8105. An act to provide for the mem!>ershlp of the Board of Visitors, I'nited States Military Academy, and for other punx>ses;

H. R. 11022. An act to extend medical and hospital relief to retired officers and retired enlisted men of the United States Oast Guard;

H. It. 11338. An act authorizing the Kansas City Southern Railway Co., its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or nc-ar Randolph, Mo.;

H. R. 11978. An act granting six months' pay to Alexander Gingras, father of Louis W. Gingras, deceased private. United States Marine Corps, in active service; and

H. H. 12381. An act granting pensions and increase of pensions to certain soldiers and sailors of the Regular Army mid Navy. etc.. and certain soldiers and sailors of wars other tl\au the Civil War. and to widows of such soldiers and sailors.

The message further announced that the Senate had passed bills, joint resolutions, and a concurrent resolution of the following titles, in which the concurrence of the House was requested:

S. 363. An net for the relief of Louise M. Canibouri;

S. 456. An act to carry out the findings of the Court of Claims in the case of Edward I. Gallagher, of New York, administrator of the estate of Charles Gallagher, deceased;

S. 513. An act for the relief of the Hottum-Kennedy Dry Dock Co., of Memphis, Tenn.;

S. 652. An act for the relief of Edgar Travis, sr.;

S. 1182. An act to provide for the naming of certain highways through State and Federal cooperation, and for other purposes;

S. 1433. An act for the relief of J. C. Peixotto;

S. 1043. An act for the relief of Joseph J. Baylin;

S. 2148. An act to fix standards for hampers, round-stave baskets, and splint baskets for fruits and vegetables, and for other purposes;

S. 2304. An act for the relief of M. Seller & Co.;

S. 2738. Au act for the relief of C. R. Olberg;

S. 2802. An act to provide for the appointment of midshipmen at large by the Vice President of the I'nited States:

S. 2894. An act for the relief of Robert O. Edwards;

S. 3459. An act to amend an act of Congress approved March 4. 1927 (Public, No. 795, 69th Cong.), to provide for appointment as warrant officers of the Regular Army of such persons, as would have been eligible therefor but for the interruption of their status, caused by military service rendered by them as commissioned officers during the World War;

S.3779. An net to authorize (he construction of a telephone line from Flagstaff to Kayentu on the AVestern Navajo Indian Reservation, Ariz.;

S. 3828. An act to amend Public Law No. 254, approved June 20, l!)0(i, known as the organic school law, so as to relieve individual members of the Hoard of Education of personal liability for acts of tin1 board:

S. 4034. An act authorizing (lie Calhoun Bridge Co., an Illinois corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Illinois River at or near Graftou, 111.;

8.4035. An act authorizing conveyance to the city of Hartford, Conn., of title to site and building of the present Federal building in that city;

S. 4045. An act granting the consent of Congress to the Highway Department of the State of Tennessee to construct a bridge across the French Broad River on the Newport-Asheville (N. C.) road near the town of Del Rio in Cocke County, Tenn.;

8.4059. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Tennessee River at or near the mouth of Clarks River;

S. 4000. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Canton, Ky.;

8.4061. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Smithland, Ky.;

S. 4002. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Tennessee River at or near Egners Ferry, Ky.;

S. 4135. An act to conserve the water resources and to encourage reforestation of the watersheds of Los Angeles County by the withdrawal of certain public lands included within the Angeles National Forest from location and entry under the mining laws;

S. 4183. An act authorizing the filling of a vacancy occurring in the office of district judge for the northern district of Illinois created by the act entitled "An act for the appointment of an additional circuit judge for the fourth judicial circuit, for the appointment of additional district judges for certain districts, providing for an annual conference of certain judges, and for other purposes," approved September 14, 1922;

H. 4203. Au act authorizing J. II. Haley, bis heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near a point where Olive Street Road, St. Louis County, Mo., if extended west, would intersect the Missouri River;

S. 423."5. An act to amend section 12 of the act entitled "An act to provide more effectively for the national defense by Increasing the efficiency of the Air Corps of the Army of the United States, and for other purposes," approved July 2, 1926;

S. 4253. An act authorizing J. L. McKee, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Sabine at or near Port Arthur, Tex.;

S. 4254. An act authorizing the State of Texas and the State of Louisiana to construct, maintain, and operate a free highway bridge across the Sabine River at or near Pendletons Ferry;

S. 4338. An act to authorize the President to award in the name of Congress, gold medals of appropriate design to Albert C. Read, Elmer F. Stone, Walter Hinton, H. C. Rodd, J. L. Breese, and Eugene Rhodes;

S. J. Res. 82. Senate joint resolution providing for the erection of a public historical museum on the site of Fort Defiance, Defiance, Ohio;

S. J. Res. 02. Senate joint resolution to provide for a monument to Maj. Gen. William Crawford Gorgas, late Surgeon General of the United States Army;

8. J. Res. 114. Senate joint resolution authorizing assessments by levee, drainage, and road districts upon unreserved public lands hi the St. Francis levee district, State of Arkansas; and

S. Con. Res. 18. Senate concurrent resolution to provide for the printing of the report of the Federal Commission on Cooperative Marketing of Farm Products.

The message also announced that the Senate had agreed to the amendments of the House of Representatives to bills and a Joint resolution of the following titles:

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. Au 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 Suddaths Ferry, in Roane County, Tenn.;

S. 2004. An act authorizing the paving of the Federal strip known as International Street, adjacent to Nogales, Ariz.;

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

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.; and

S. J. Res. 135. Senate joint resolution making an emergency appropriation for flood protection on White River, Ark.

The message further announced that the Senate agrees to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the House of Representatives to the bill (S. 3740) entitled, "An act for the control of floods on the Mississippi River and its tributaries, and for other purposes."

The message also announced that the Senate had passed the following concurrent resolution:

Senate Concurrent Resolution 19

Resolved 1>u the Senate (the House of Rntrescntatires concurring), That the President be requested to return to the Senate S. 3594, entitled "An act to extend the period of restriction in lands of certain members of the Five Civilized Tribes, and for other purposes."

Mr. EATON. Mr. Speaker, I make the point of order that there is no quorum present.

The SPEAKER. The gentleman from New Jersey makes the point of order that there is no quorum present. The Chair will count.

Mr. EATON (interrupting the count). Mr. Speaker, I withdraw it temporarily.


Mr. WHITE of Maine. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill S. 1609, recognizing the heroic conduct, devotion to duty, and skill on the part of the officers and crews of the U.'S. S. Republic, American Trader, President Rooxcvdt, President Harding, and the Britisli steamship Camcronm, and for other purposes, with House amendments thereto, insist on the House amendments and agree to the conference asked.

The SPEAKER. The genfleman from Maine asks unanimous consent to take from the Speaker's table the bill S. 1609, with House amendments thereto, insist on the House amendments, and agree to the conference asked. Is there objection?

There was no objection.

The Chair announced the following conferees: Mr. White of Maine, Mr. Lehlbach, Mr. Davis.


Mr. BERGER. Mr. Speaker, since it is almost impossible to procure time to speak, I ask unanimous consent to extend my remarks in the Record upon the position and mission of a minority Representative In Congress.

The SPEAKER. Is there objection?

There was no objection.

Mr. BERGER. Mr. Speaker, ladies, and gentlemen, I am to speak on the mission of a pioneer of a new idea and the position of a member of a small minority party in this House.

Mr. Speaker, all great political parties, both in our country and abroad, were originally small minority factions. They usually stood for some great idea or some principle that was unpopular with the ruling powers, and worked for it until it was achieved. Then the small minority party became a great majority organization.


Tills was the case in our country with the old DemocraticRepublicans, organized against the Federalists at the end of the eighteenth century, when the Federalists had passed the drastic alien and sedition law to suppress the "demagogues" and "democrats" who were deemed to be dangerous to the vested interests of that day.

"Democrat" and "demagogue" in those days were held by the ruling powers in about the same esteem as the "Bolshevik" arid "radical" of to-day.

Later on the Democratic-Republican Party dropped the word "Republican" and called itself Democratic Party. Those were the days of Thomas Jefferson.


The modern Republican Party also had a modest beginning. It was founded in Ripon, Wis., in 1854, by simple farmer folks in opposition to the ruling party of that day—the Democratic Party. The Republicans soon attracted all the elements opposed to chattel slavery and cast a rather respectable vote in 1856 for John C. Fremont, the " Pathfinder "—although not nearly as large as the vote cast for the. late Senator La Follette four years ago.

Owing to a split in the Democratic Party in 1860 the Republican Party won out under the leadership of Lincoln and Seward. It is unnecessary for me to recite the history of the two old parties since.


All I can say is that there is absolutely no difference of principles, methods, or aims between the two old parties now. They are both ultraconservative and even reactionary. And apart from the negro question down South, which is still spooking there as a dead issue—both old parties are absolutely alike in every respect.

An opposition party, however, is necessary in a democratic Republic—if democracy is to survive.


At the present time it is the few straggling and struggling independents that form a rather remarkable opposition. They expose corruption and spot grafters, but can not bring about basic changes. Still these few members of the opposition are of the greatest importance to the country.

The reason for this is very simple: Even one man, as you know, can put on the electric light in a dark room and show up any pilfering that is going on.

But these independents are even more important because by their fearless activity they prevent the ruling capitalists from abusing their power too much. Thus they form a sort of safety valve against the bursting of the political boiler. And also because they form the nucleus for new movements and for progress.

They prepare the public mind for new idens, which must be discussed, even by the papers and organs of the ruling class. Such discussion, no matter how prejudiced it may be, provokes thought, and leads people to study.


A striking example of the fact that the work of an independent opposition does not always fall on barren soil may be seen in the position Senator Robert M. La Follette, sr., and I took during the recent World War.

While both of us were very much denounced—in many places in Wisconsin we were burned in effigy—and while I even got a 20-year sentence and was excluded from Congress a few times for my opposition to the entrance of our country into the war—it is pretty certain that to-day 90 per cent of the Members of Congress, if Congress had to vote on the same war question again, would undoubtedly vote against it.


As to the duties which devolve upon the spokesman of a minority in a legislative body, let me say, to begin with, that he has to do very much of the same kind of work that all the other Members, including those of the majority, have to do.

Only he must do them more intensely. And he usually has more of that kind of work to do.

The minority Member must give consideration to all the problems which affect individually and collectively his constituents whenever they are brought to his attention.

He must obtain for his constituents of nil classes the consideration to which they are entitled. He must represent them in adjusting matters before the departments and assure to them fair and full attention of any claims they may have.


In this respect I have been rather fortunate.

The heads of the various departments to whom I have been obliged to turn for and In behalf of my constituents on all sorts of business have uniformly and always been courteous and fair. They have, in many instances, gone out of their way to provide the relief I sought.

To some extent this may have been due to the fact that I did not indiscriminately seek favors, regardless of whether my constituent was entitled to them or not. When the case was meritorious—and I was convinced that it was meritorious—I interceded, and almost invariably succeeded.

In this respect I gladly acknowledge that my thanks are due to the administration—from the President down to the last department chief.


In addition to these duties—and we all know that they constitute an important part of a Congressman's activities—the Representative of a minority—and especially of a minority such as the socialist—with a program of industrial, social, and political reform—must endeavor to propose measures which, if accepted, would afford relief from pressing ills. He must introduce propositions applicable to existing problems, and must strive to secure for them the widest possible hearing.

And in voting on bills that are presented he must so cpnduet himself as to advance measures' designed to bring the greatest good to the greatest number, and to try to defeat legislation that will merely entrench special-privilege groups.


In this connection it would be well to say that a member of the minority can serve the principles he advocates without becoming an obstructionist. The gentleman from Connecticut [Mr. Tilson], the able floor leader in this House of the Republican Party, made the observation during a speech of mine last week that "I was helpful in conducting the business of this House,

and not obstructive," and he took that occasion to thank me personally.

The minority Representative has the additional advantage that he is not bound by any party which serves the big interests. This freedom is extremely useful and beneficial.

As to the measures introduced by a minority Member, they, of course, have little chance to become law immediately.' During my service in Congress I have not succeeded in having the bills I introduced passed.

Still, it is the general opinion among the majority of Congressmen of both old parties that, for instance, my presence in Congress is very helpful and desirable. My propositions provoke a great deal of thought and discussion both among the Members and also in the public press.


Alone among 531 representatives in the two Houses of Congress, I did not expect—and I am sure my constituents did not expect—that I would have my proposals incorporated into the statutes of the Nation the moment I proposed them.

After all, however, I was no worse off in this respect than the representatives of the Democratic Party, numbering hundreds of Members, whose chances of enacting legislation of any importance are no better, while they are in a minority, than are mine.

Moreover, I was no worse off in that respect than the average member of the majority party, who has little to do with legislation, except to rote "yes"' or "no" as the party leaders tell him, when a measure is presented.

For me the same rule holds good that holds good with nil intelligent voters. I would rather vote for something I want and which is beneficial, and not get it—than to vote for something I don't want, and that hurt*, and get it

My sole object in introducing bills was to show my colleagues and, to the extent that the public press would permit, show the Nation what the socialists want done and wliat they would do if they had the power.

Many of the ideas which the socialists have introduced were like seeds wwu in a new field. Some seeds are undoubtedly wasted; others grow up and bring a hundredfold harvest.

And many of the propositions which we originated and which were decried by the conservatives as impracticable and even dangerous have become the common property of the people in Nation, State, city, and country.


For example, when I first came to Congress in 1010 I introduced an old-age pension bill, so that those who labor a lifetime may not find themselves in the pool-house when they are too old to work. There was not a State in the Union that had enacted such a measure or had given it serious consideration. To-duy there are six States with old-age pension laws on the statute books—inid numerous others considering the enactment of such laws.

The same holds good about our propositions as to child labor.

In fact, it may be said that practically all the l>eueficial progressive legislation in the social, economic, and political fields were of socialist origin. Thus we have done wonderful work—even as a minority—not only in the preservation and enlarging of political freedom, but also In legislation helpful in the protection of men, women, and children.


Still there can be no doubt that if we arc to make progress in the field of social relations as rapidly as it is being made in all other fields of human endeavor, if the inventive genius of men is to serve all our people instead of a few, a new party alignment is necessary. Our Republic can not endure without such a realignment.

We must have a new party with progressive views and progressive ideas. It is absolutely useless to put new wine into old bottles.

It will be recalled that the Socialists attempted to bring about a new alignment in 1024. As a result of that attempt, 5,000,000 voters, undeteiTwl by all the threats of panics and loss of the "dinner pail," followed our standard bearer on a program which for the time promised relief from the oppression of our plutocracy.

The campaign showed that tlie Socialists and progressives could and would work together. And the registering of 5,000,000 votes for a program that was denounced by every plutocratic newspaper and from every political platform was an achievement of which they have just cause to feel proud.


Unfortunately, the progressive group in the House of Representatives did not show the same degree of persistence and courage that these 5,000,000 voters did. While the 5,000,000 voters were not scared by talks of panics and other dire threats, the members of the progressive group—or most of them—were frightened by the loss of committee assignments nud threats of oilier reprisals. Some of them became, extremely apologetic for the stand they had taken in the presidential election.


I say that was unfortunate, because the time is ripe for a political realignment, and because so large a number of our citizens indicated four years ago that they were ready.

I hope that the progressives will soon muster enough courage to stand by their guns and become a nucleus for a new and larger movement.

I know it Is a difficult task. But it has been done in the past and it will be done again.


When it was necessary for the solution of chattel slavery to create a new party the Republican Party was organized by uniting the Free Soilers, the Abolitionists, and the remnant of the old Whig Party. I am confident that we will very soon have a new political party based upon what the Socialists, Farmer-Laborites, and the progressives desire, and united to oppose the autocracy of the present-day capitalism.

It is true that capitalism is infinitely stronger and better intrenched than were the slave owners in their day. The economic trend of our civilization, however, the better education of the masses, and the greater power of resistance of the common people are factors that will enable us to overcome this disadvantage.

This new alignment, as I have said, is an absolute necessity. It must be honest, consistent, and give the common people of all classes relief.


It must stand for measures that remove the causes of corruption. It must take away the temptation for corruption.

It must bring more and more activities that are necessary for the welfare of all under the control of all.

It must also try to enact legislation that will enable the individual to live a fuller and freer life.

Such a party must not only take special care of the city worker and of the fanner but also of the small business man while the present system lasts.


The only party which has always stood for securing the greatest economic advantage for the largest number of individuals is the Socialist Party. It is the only party that has always sought to remove corruption by removing temptation.

It is the only organization that stood upright in war and in peace.


The Socialist Party is willing to cooperate with any and all other organizations and with any and all individuals striving for the same aims and objects, however different their individual point of view, provided they are consistent and sincere in their desire to promote human welfare and national progress.

As for myself, well, that was my guiding line in the National Congress of the United States. And that will always be my aim and object in the future.


Mr. LINTHICI'M. Mr. Speaker, I ask unanimous consent to extend my remarks in the Kecoud by inserting therein a digest of the proposed Muscle Shoals act of 1928, which is to be taken up to-day.

The SPEAKER. Is there objection?

There was no objection.

Mr. LIXTHICUM. Mr. Speaker, under the leave to extend my remarks in the Record, 1 include the following:


(Union Calendar No. 324, S. J. Res. 46, an amendment in the nature of a complete substitute for the Norrls resolution)

Section 1 creates the "Muscle Shoals corporation of the United States" to maintain and operate the Muscle Shoals properties for national defense, agricultural and industrial development, navigation, and flood control.

Section 2 provides for appointment by President with Senate confirmation of flve directors, not more than three of whom shall be members of same political party.

Section S fixes terms of office; provides for filling vacancies, stipulating that vacancies shall not Impair action ; fixes compensation of board members at $50 per day, plus expenses, authorizing 150 days' pay during llrst year and 100 days in succeeding years; forbids any director having any financial interest In any business that may be adversely affected by the success of Muscle Shoals Introducing concentrated fertilizers; empowers the board to exercise all the powers of the corporation and prescribes that no one may be a member of the hoard unless he professes a belief In the feasibility, wisdom, and probability of success of producing and soiling fertilizers as provided by the act;

authorizes corporation to appoint general manager for 10-year term, who shall select two assistants, one competent In fertilizer production, the other in power production and distribution, and all other employees; combined salaries of three chief operating officers may not exceed $50,000.

Section 4 authorizes $10,000,000 capital stock which is subscribed by United States.

Section ."> defines the broad general powers of the corporation, including inter alia authority to sue and be sued, to lease or purchase personal property, and to exercise the right of eminent domain.

Section 6 confers important special powers on the corporation, as follows:

(1) Gives it complete possession of the facilities and properties at Muscle Shoals with direction to produce and sell nitrogen and its products; for agricultural and military uses, and to sell surplus electric power as later defined, also gives authority to build and operate any additional plants at Muscle Shoals, Ala., the corporation may consider necessary.

(2) Directs it to make, distribute, and sell fertilizers, fertilizer ingredients, and by-products of fertilizer manufacture.

(3) Authorizes it to make explosives, etc., for the War and Navy Departments at cost and requires it to supply the Secretary of War without charge all power necessary for the operation of locks, etc.

(4) Directs It to produce, distribute, and sell electric power under limitation later specified.

(5) Authorizes it to experiment in nitrogen production for military and agricultural uses and empowers the President to assign to the corporation experts from other Government services.

Section 7 announces as the policy of Government regarding distribution and sale of surplus power that (a I Muscle Shoals shall be used for fertilizer purposes in time of peace, and that no electric power shall be considered surplus that cim be used profitably for fertilizer manufacture; that (b) surplus power shall be sold at the best prices obtainable, and that the corporation may buy or build transmission lines or sell at the plant to those who have transmission facilities; and that (c) the board shall run the steam plants In connection with the hydroelectric plants.

Section 8. (1) Declares it to be (he policy of Government to distribute fertilizers made at Muscle Shoals equitably among States, Territories, and possessions. (How can this be done to Maine, Florida, Hawaii, and California as compared with Alabama and Tennessee?)

(2) Provides that sales through intermediaries to farmers shall be under contracts that fix maximum prices. (Generally speaking, fertilizer manufacturers can not fix resale prices, though cooperative associations and farm bureaus can.)

(3) Prescribes the basis on which the board shall fix prices which shall include production, marketing, and distribution expenses properly chargeable against the particular product, and after five years shall have elapsed Interest at 4 per cent, but then only on the investment of the United States in capital stock, and not on any part of the value of a property that has already cost over $125,000.000.

(4) Defines purposes of corporation to provide "plant food In abundance for agriculture and to users of commercial fertilizers at as reasonably low cost as possible, and net profits derived from sale of surplus electric power • * * shall be used toward that end for the first flve years of the life of the corporation."

(51 Forbids sales of nitrogen products outside the United States and her possessions except to allies in case of war.

(6> Prescribes that for five years fertilizer and ingredients shall be sold at actual cost, cash in advance, f. o. b. cars, Muscle Shoals, and that preference shall be given (a) to farmers, farmer groups, and farm organizations, and (b) to States and State agencies for resale to farmers, and not until thereafter may sales be made "to private manufacturers, mixers, and merchants of fertilizers."

(7) Provides that after five years half of the power receipts shall go into the* Treasury, but would be earmarked " Muscle Shoals Heceipts." and after 10 years all power receipts would go into the general funds of the Treasury, but still be earmarked.

Section 8, paragraph E, directs the board to begin making concentrated fertilizers by using the rynnnmide process and the existing plant, but also authorizes it to employ other processes of fixation; prescribed also that the board "shall construct and operate a plant or plants at Muscle Shoals for the production of phosphoric add and/or potash to be combined with nitrates and nitrogenous products in the manufacture of a complete fertilizer."

Section 8, paragraph F, permits the board for flve years to donate -T per cent of the fertilizers produced to farmers through county agents, agricultural colleges, or otherwise, for experimentation, education, and introduction. If in any year of the first five as much as 25 per cent of the product remains unsold, the board may give away an additional 10 per cent of the unsold surplus, or a total of 15 per cent.

Section 8, paragraph G, gives the board power to buy any fertilizer ingredients and to mix them with any other ingredienls manufactured by the corporation; in other words, puts the United States Government, through this corporation, completely in the fertilizer business.

Section 9 confers complete control and possession of nitrate plants 1. and 2, all real estate and equipment, laboratories, the Waco lime quarry, the Wilson Dnm (No. 2), Its power house, and all hydroelectric equipment, excepting only the locks, to the Corporation, and authorizes the President to transfer any other properties of the United States to It as may be deemed necessary or proper.

Section 10 provides for the principal office of the corporation to be at Muscle Shoals, and that its legal residence shall he the northern judicial district of Alabama.

Section 11 requires filing of reports with the President and with Congress in December of each year, and provides for certified public accountants' audits.

Section 12 reserves the right to the United States to tnke possession of the whole property in event of war, Indemnifying persons whose contracts for cither electric power or fertilizers may thus be Invalidated.

Section 13 empowers the board to sell surplus electric power not used for fertilizer or munitions or In operation of locks or other navigation works under contract for periods not exceeding 10 years.

Section 14 declares the policy of the Government to distribute surplus power from Muscle Shoals equitably among the States within transmission distance.

Section 15 to place the corporation In a strong competitive position, expressly authorizes the corporation to construct transmission lines from Dam No. 2 and its steam plant with provision that political units or public or cooperative organizations not for profit, engaged lu supplying electricity, If they coustruct their own transmission lines, mny be contracted with for a term not exceeding 15 years.

Section 16 authorizes completion of steam plant at nitrate plant No. 2, and installation of additional generating machinery at Wilson Dnm without appropriating funds for the purpose with a view to the efficient use of all power generated.

Section 17 authorizes the Secretary of Wnr, under conditions described, to construct the Cove Creek Dam so that an increased amount of primary power mny be developed at Dam No. 2 and others below; and authorizes the Federal Tower Commission to compel contributions under the Federal water power act by persons It may in future license to build dams In the Clinch or Tennessee Rivers below Cove Creek Dam.

Section 18 authorizes the Secretary of War to exercise the right of eminent domain In any necessary way in connection with obtaining the site and constructing Cove Creek Dam and the reservoir above it and to make necessary agreements with all personn affected by this project; provides also that when Cove Creek Dam, ltd transportation facilities, and power house are completed, the whole shall be turned over to the Muscle Shoals corporation for use and operation.

Section 10 gives access to the corporation, as a Government Instrumentality, to the flies of the United States Patent Office.

Section 20 provides penalties for misuse of public moneys, property, etc., for fraud on the part of corporation employees as to the book records or other statements of the corporation and for accepting compensation or rebates involving any Intent to defraud the corporation or defeat Its purposes. Fines ranging up to $25,000 or imprisonment up to 15 years, or both, are provided.

Sections 21. 22, 23, and 24 contain miscellaneous provisions authorizing appropriations, repealing conflicting legislation, making the act Immediately effective, and reserving the usuul right to amend.


Mr. WILSON of Louisiana. Mr. Speaker, I ask unanimous consent to extend my remarks in the Recoku on the conference report upon the flood control bill.

The SPEAKER. Is there objection?

There was no objection.

Mr. WILSON of Louisiana. Mr. Speaker, the approval of the conference report by both the House and the Senate and the signing by the President of the measure for the control of the floods of the Mississippi Uiver and its tributaries on May 15, 1928. completes the most important piece of legislation presented to the Seventieth Congress. For the first time in history the Federal Government assumes responsibility, at its own expense, for the protection and security of the alluvial valley of the Mississippi River from destructive floods, and also the improvement of the river for the purposes of navigation. This is a final victory after a struggle of more than 100 years. It is not necessary now to go into details of the contest or the gradual steps leading to this final accomplishment; those have been recited time and again. It might be said, however, that only the disastrous flood of 1027 could so impress the Nation with the vital importance of this undertaking as to bring the Congress to a realization of the duties and responsibilities of the National Government.

During and following the flood of 1927 investigations and surveys were made, with reports to Congress, both by Ihe Chief of Engineers of the United States Army and by the Mississippi River Commission, the latter having been in charge of the work ou the lower river for the past ">0 years.

The Chief of Engineers submitted to Congress a plan dealing with the problem of flood control from Cape Girardeau to the

Head of Passes, recommending the strengthening of the levees, Increasing their grade and height, bank revetment for the stabilization of the channel, spillways, diversion channels, and flood ways at a total cost of $298,000,000.

The Mississippi River Commission recommended a plan covering practically the same section of the river—what is termed the alluvial valley—and the tributaries and outlets in so far as they are affected by the flood waters of the Mississippi River. This plan outlined substantially the same program for levees on the main river, the tributaries and outlets, and the adoption of spillways, flood ways, and diversion channels, at a total cost of $407,000.000.

In .each engineering report the proposed location of the protective works is practically the same, but the works recommended differ materially in many instances in respect to character and type of construction.

In addition to these reports, there was also submitted the report of the Spillway Board, which was created by an act of Congress in 1926, and which had made a survey in respect to controlled and regulated spillways between Point Breeze and Fort Jackson in Louisiana. The report of this board was adopted by the Mississippi River Commission.

In respect to spillways on the main river In the vicinity of New Orleans both reports are in agreement as to the diversion at Bonnet Carre. The spillway board and the Mississippi River Commission reports recommend an emergency spillway below New Orleans. This Is not lu the report of the Chief of Engineers.

The report of the Mississippi River Commission and the spillway board for an Increased diversion at Old River and through the Atchufalaya Is for a maximu.m capacity of 900.000 cubic second-feet of water for the highest flood predicted—that is, 25 per cent greater than the flood of 1927. The plan of the Chief of Engineers would divert at this point, in the highest predicted flood, ].500,000 cubic second-feet. There is a wide difference in the character of the engineering works to take care of the diversion as between the two plans.

For the Cypress Creek diversion, the plan of the Chief of Engineers for the greatest flood predicted would divert 900,000 cubic second-feet, while that of the Mississippi River Commission would divert 600.000 cubic second-feet. There is a radical difference as between the engineering plans of the two reports both as to the volume of water to be diverted and the works for its control and regulation.

Investigations were also made as to the effect upon flood heights and as to the control thereof by the construction of reservoirs. To speak generally,fthe report of the reservoir board does not indicate that material effect can be had on flood heights on the lower river, except where reservoir sites might be found on the tributaries bordering on the alluvial valley. The phase of this report that attracted the most attention waa that showing that upon the White and Arkansas Rivers In the State of Arkansas, 11 reservoirs could be constructed that would lower flood heights 8 feet at Arkansas City and 5 feet at Old River. This would in any flood except such as 1927 avoid the necessity for flood ways, but would not dispense with the requirement for spillways below Point Breeze.

With these official reports and the hearings thereon before the Flood Control Committee of the House and the Commerce Committee of the Senate, It manifestly followed that additional Investigations and surveys should be made and more accurate information and data collected in order to proceed with this gigantic project in a businesslike way. It Is not a criticism of any department that this position was taken, because it was very clearly demonstrated by the hearings that sufficient time and opportunity had not been had to make as definite a report as should be had before the work was begun.

Therefore the first section of the flood control act provides as follows:

Froridrd, That a board, to consist of the Chief of Engineers, the president of the Mississippi Itiver Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the advice and consent of the Senate, whose compensation shall be fixed by the President and be paid out of the appropriations made to carry on this project, is hereby created; and such board is authorized and directed to consider the eutjlneerlng differences between the adopted project and the plans recommended by the Mississippi Hlver Commission in its special report dated November 28, 1927, and, after such study and such further surveys as it may deem necessary, to recommend to the President such action as It may deem necessary to be taken in respect to such engineering differences, and the decision of the President upon all recommendations or questions submitted to him by such board shall be followed in currying out the project herein adopted.

Tills provision gives opportunity for such investigation, and it is only fair to the Government itself, the people of the lower

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