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Mr. SCHAFER. I refer to a monetary standpoint. I do not winit the Government to come out at the short end of the horn and give away some lands whose actual value is more than the value of lands it receives.

Mr. EXGLEBRIGHT. The lands arc of the same character, hut the lands the Government will receive are of more value us they contain some timber. The matter was carefully looked into by the department and by the committee.

Mr. LAGUARDIA. If they want to add to the national park, why not buy the desirable land?

Mr. ENGLEBRIGHT. This is not an addition. It is an exchange of lauds within the area of the park. Lands that the park desires are exchanged for lands owned by private parties.

Mr. LAGUARDIA. I have never heard of an exchange of lands where the Government does not give absolutely good liifid for land that is no good.

Mr. ENGLEBRIGHT. This is a mutual agreement between the landowner and the park people to protect the game. This land is a game reservation which happens to be in private ownership.

Mr. LAGUARDIA. The gentleman knows that it will do all that?

Mr. ENGLEBRIOHT. The committee investigated it very carefully, and the department also.

The SPEAKER pro tempore. The Clerk will report the bill.

The Clerk read as follows:

Be it enacted, etc., That for the purpose of protecting park doer along the western boundary of tbc Yoscmite National Park, the Secretary of tlie Interior be, and be is hereby, authorized to acquire as part of said park, by exchange as hereinafter provided, title In fee for and on behalf of the United States of America to all that land in sections 21 and 28 in township 3 south, range 20 east, Mount Diablo meridian, lying between the abandoned railroad grade running from a point in the \Vawona Road near Chinquapin to the top of the abandoned incline hoist in the northeast quarter of the southwest quarter of section 21, and the east and west center line of section 21, and in sections 22, 23, 24, 25, 26, and 27 lying between said abandoned railroad grade and the exi.sling park boundary, containing 1,350 acres, more or less, now held in private ownership, which lands upon acquisition shall be, and arc hereby, added to the park; and in exchange therefor the said Secretary he, and be is hereby, authorized to issue patent to the owner of said lands, for the Government lands described as follows: That part of the north half of northeast quarter lying south of abandoned railroad grade hereinbefore mentioned, north half of southwest quarter of northeast quarter, southwest quarter of southwest quarter of northeast quarter, southwest quarter, west half of northeast quarter of southeast quarter, and southwest quarter of southeast quarter of section 25, township 3 south, range 20 east; north half section 30, township 3 south, range 20 east; southwest quarter northeast quarter, south half northcast quarter northwest quarter, west half northwest quarter, southeast quarter northwest quarter, northeast quarter southeast quarter, and west half southwest quarter southeast quarter section 32, township 3 south, range 21 east; and northwest quarter section 5, township 4 f-outh, range 21 cast; containing 1,010 acres, more or less, which lands upon issuance of patent shall be, and are hereby, eliminated from said park.

With a committee amendment, as follows:

I'age 2, line 23, strike out the word "northeast" and insert In lieu thereof the word "northwest."

The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the last vote was laid on the table.

The SPEAKER pro tempore. The Clerk will report the next bill.

HEADSTONKS OVER GRAVES OF CONFEDERATE SOLDIERS

The next business on the Consent Calendar was the bill (H. R. 10304) authorizing the Secretary of War to erect headstones over the graves of soldiers who served in the Confederate Army and to direct him to preserve in the records of the War Department the names and places of burial of all soldiers for whom such headstones shall have been erected, and for other purposes.

The title of tho bill was read.

The SPEAKER pro tempore. Is there objection to the present consideration of the hill?

Mr. HOOPER. Mr. Speaker, reserving the right to object — and I will state to the gentleman that I do not intend to object-— may I ask the gentleman if he has any information as to approximately the number of graves that will be affected by this

Mr. HILL of Alabama. I took up that matter with the Quartermaster General of the Army. I may say that he approves of the purpose of the bill.

Mr. HOOPER. I approve of the purposes of the legislation.

Mr. HILL of Alabama. But I can not give the gentleman definite information.

Mr. LAGUARDIA. In order to avoid experiences such as we have had heretofore, would the gentleman from Alabama object to an amendment on page 1, line 8, after the word "durable," to insert the word "domestic "?

Mr. HILL of Alabama. I have no objection to that; none whatever. I will offer that as an amendment.

The SI'EAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. CONNERY. Reserving the right to object, Mr. Speaker— and I shall not object—I am happy to see this bill pass. In the World War we had Hie sons of Confederate soldiers fighting in France with us, and I am sure all patriotic citizens would be glad to see the proper reverence paid to these Confederate soldiers.

The SPEAKER pro tempore. Is there objection?

Mr. SPROUL of Kansas. Mr. Speaker, I object.

The SPEAKER pro tempore. Objection is heard. The Clerk will report the next bill.

LICENSING OF PATENTS OWNED BY THE UNITED STATES

The next business on the Consent Calendar was the bill (H. R. 12695) to authorize the licensing of patents owned by the United States.

The title of the bill was rend.

The SI'EAKER pro tempore. Is there objection to the present consideration of this bill?

Mr. HCHAFER. I object.

The SPEAKER pro tempore. Objection is heard. The Clerk will report the next bill,

LANDS IN THE NEZ PERCE INDIAN RESERVATION, IDAHO

The next business on the Consent Calendar was the bill (H. R. 11JKS3) to provide for issuance of perpetual easement to the department of fi^h and game, State of Idaho, to certain lands situated within the original boundaries of the Nez Perce Indian Reservation, State of Idaho.

The title of the bill was read.

The SI'EAKER pro tempore. Is there objection to the present consideration of the bill?

There was no objection.

The SPEAKER pro tempore. The Clerk will report the bill.

The Clerk read as follows:

Be it enacted, ftc., That the Secretary of the Interior be, and he is hereby, authorized to issue perpetual easement to the department of fish and game, State of Idaho, to the following-described lands, all situated within the original boundaries of the Nez Perce Indian Reservation, State of Idaho:

Commencing at a point on the east and west center line of section 14, township 35 north, range 4 west, Boise meridian, 885 feet west of the east quarter corner of said section 14, which point of beginning Is also on the easterly right-of-way line of the Camas Prairie Railroad; thence north 3° 10' west, along said right-of-way line a distance of 1,046 feet; thence east a distance of 1.138.5 feet to a point on the westerly right of way of the county road; thence south 3° 27' west along said county road right-of-way line a distance of 1,648 feet to a point on tile east and west center line of section 13, township 35 north, range 4 west, Boise meridian, which point Is 83.0 feet east of the west quarter corner of said section 13; thence north 89° 58' west, along the east and west center Hues of said sections 13 and 14, a distance of 968.0 feet to the point of l>eginning. Lying partly In the northwest quarter section 13 and partly in the northeast quarter section 14. All in township 35 north, range 4 west, Boise meridian, containing 40.22 acres, more or less.

Said lands to be used by the department of fish and game, State of Idaho, for the propagation of fish and game: Pmvided, That should the land herein granted cease to be used by the department of flsh and game, State of Idaho, for the propagation of Ush and game, the easement shall ce.ise, the grantees be i>ermltted to remove structures and equipment that thoy may have added, and the land described revert to the granrots herein.

With a committee amendment, ns follows:

Page 2, line 10, after the word "way," insert the word "line."

The SPEAKER pro tempore. The question is on agreeing to the committee amendment.

The committee amendment was agreed to.

The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill.

The bill as amended was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the lust vote was laid on the table.

ACQUISITION OF LANDS NEAR FORT KAMEHAMEITA, FIAWAII

Mr. JAMES. Mr. Speaker, when the bill (H. R. 11847) to authorize the acquisition of the Queen Emma and Damon

and the Halawa site In the vicinity of Fort Kameliauioha. Hawaii, and for other purposes, was up the other day the gentleman from Texas [Mr. Black} asked that it go over without prejudice. He is now here, and I ask unanimous consent that we return to that bill. Calendar No. 604.

The SPEAKER pro tempore. The gentleman from Michigan asks unanimous consent that we return to the bill No. 604 on the calendar. Is there objection?

Mr. BLACK of Texas. Reserving the right to object, Mr. Speaker. I understand the gentleman from Michigan has made a personal investigation of this project, and he feels that the completion of it along the line recommended by the committee will in the long run result in a decided economy to the Army and Navy activities in the Hawaiian Islands?

Mr. JAMES. Yes. It will save a good many millions of dollars.

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

Mr. LAGUARDIA. I object.

The SPEAKER pro tempore. Objection is heard. The Clerk will report the next bill.

APPROPRIATION FOR ROADS ON INDIAN RESERVATIONS

The next business on the Consent Calendar was the bill (S. 1145) to authorize an appropriation for roads on Indian reservations.

The title of the bill was read.

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

Mr. HOOPER. Reserving the right to object, Mr. Speaker— and I have no intention to object—the gentleman from Michigan [Mr. Cramton] has made a special study of this matter and has asked me to request that it be passed over without prejudice.

The SPEAKER pro tempore. Without objection, the bill will be iwssed over without prejudice.

There was no objection.

The SPEAKER pro tempore. The Clerk will report the next bill.

PAPAOO INDIAN RESERVATION, ARIZ.

The next business on the Consent Calendar was the bill (S. 3026 > authorizing the construction of u fence along the east boundary of the Papago Indian Reservation, Ariz.

The Clerk read the title of the bill.

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

Mr. HOOPER. Mr. Speaker, reserving the right to object, I would like to ask the gentleman from California for some information. Are the Indians who are involved in this matter going to do the work of the actual fencing of the property?

Mr. ENGLEBRIGHT. Mr. Speaker, the Indians who are involved in this mutter are going to supply all of the labor. They are simply asking the Government to supply them with the materials. They are one of the few tribes of Indians in the United States, outside of the Civilized Tribes, that are self-supporting. They have a large cattle industry, and this fence is for the purpose of protecting that industry.

The SPEAKER pro tempore. Is there objection?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the sum of $15,000, or so much thereof as may be necessary. Is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for expenditure under the direction of the Secretary of the Interior for the purchase of barbed wire and posts and transportation of the sam'e for use In the construction of a fence on or near the east boundary of the Papago Indian Reservation, Ariz., beginning at the international boundary line and extending in a northerly direction for approximately GO mllcg: Provided, That no part of said appropriation shall be expended In payment of labor for the erection of said fence.

The bill was ordered to be read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

WIND RIVER RESERVATION, WYO.

The next business on the Consent Calendar was the bill (S. 3365) to authorize allotments to unallotted Indians on the Shoshone or Wind River Reservation, Wyo.

The Clerk read the title of the bill.

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

There was no objection.

The Clerk read the bill, as follows:

Rr it enacted, etc , That the Secretary of the Interior be. and he is hereby, authorized, undvr such rules and regulations as he may pre

scribe, to allot lands classified as nonlrrigable. nontlmbered grating lands on the diminished Shoshone or Wind River Reservation, Wyo., to all unallotted living children enrolled or entitled to be enrolled on said reservation, in areas not exceeding 320 acres each, and to isroe therefor trust patents of the form and legal effect authorized by the general allotment act of February 8. 1887 (24 Stat. 388), as amended: Provided, That all minerals, Including oil and gas, on any of the landi allotted hereunder are reserved to the Indians having rights on the reservation, and may be leased for mining purposes under existing law. Sec. 2. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary to pay the expenses for necessary surveys, classification of lauds, and all other expenses ill connection with the allotment work.

With the following committee amendment:

Page '2, line 3. after the word "reserved," strike out the word "to" and insert in lieu thereof the words "in common for the benefit of."

The committee amendment was agreed to.

The bill as amended was ordered to be read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

PREFERENCES IN THE EMPLOYMENT OF LABOR

The next business on the Consent Calendar was the bill (H. R. 11141), to require contractors and subcontractors engaged on public works of the United States to give certain preferences in the employment of labor.

The Clerk read the title of the bill.

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

Mr. HOOPER. Mr. Speaker, the gentleman from Michigan [Mr. Cbamton] has asked to have this bill passed over without prejudice, and I ask unanimous consent that it be so passed over.

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

There was no objection.

RURAL POST ROAPS

The next business on the Consent Calendar was the biil (S. 1341) to amend tlie act entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended aud supplemented, and for other purposes.

The Clerk read the title of the bill.

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

Mr. L.\GUARD1A. Mr. Speaker, I ask unanimous consent to have this bill passed over without prejudice.

Mr. COLTON. Mr. Speaker, this is a very important bill and I will be very glad to give any information that the gentleman from New York may desire. I ask unanimous consent that the bill may be passed over temporarily, to be called up later.

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

There was no objection.

NAVAL RESERVE FORCK, NAVAL RESERVE, AND MARINE CORPS RESERVE

Tlie next business on the Consent Calendar was the bill (H. R. 8537) for the relief of retired and transferred members of the Naval Reserve Force, Naval Reserve, and Marine Corps Reserve.

The Clerk read the title of the bill.

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

Mr. L.vGUARDlA. Mr. Speaker. I ask unanimous consent that the bill may be passed over without prejudice.

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

There was no objection.

ADDITIONAL Jl'DOE FOB THE DISTRICT OF SOUTH DAKOTA

The next business on the Consent Calendar was the bill '(H. R. 8551) to create an additional judge in the District of South Dakota.

The Clerk read the title of the bill.

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

Mr. SCHAFER. Mr. Speaker, reserving the right to object, is there u real necessity for an additional judge in South Dakota?

Mr. DYER. Mr. Speaker, in answer to the inquiry of the gentleman from Wisconsin. I will state that the State of South Dakota is one judicial district and it has only one Judge. This judge is almost at the age when he can retire. The work is very burdensome and this is for the purpose of relieving him and having some one there to assist in doing the work. The judge himself will be able to retire very shortly and this does not create an additional judge. The bill provides that no successor to him shall be appointed without congressional action.

Mr. SCHAFER. Is the docket of the court congested?

Mr. DYER. The docket is very much congested, due to the health of the present judge. As I have stated, South Dakota is one judicial district and South Dakota is becoming a very great State in many industrial ways. It has many important matters that come to the Federal court, and having only one judge there, and his health not being very good, it is really in the interest of the public business to create this additional judge. However, an additional judge will be created for but a few months.

The SPEAKER pro tempore. Is there objection?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the President of the United States be, and he hereby is, authorized and directed, by and with the advice and consent of the Senate, to appoint an additional judge of the District Court of the United States for the District of South Dakota, who shall reside in said district aud whose term of office, compensation, duties, «ttd powers shall be the same as now provided by law for the Judge of said district.

Sec. 2. When a vacancy shall occur In the office of the existing Judge for said district such vacancy shall not be filled unless authorized by the Congress.

S«C. 3. This act shall take effect upon Its approval by the President.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed *as laid on the table.

RURAL POST ROADS

Mr. COLTON. Mr. Speaker, I ask unanimous consent to

return to Calendar No. 655, S. 1341, an act to amend the act

entitled "An act to provide that the Unied States shall aid the

Mates in the construction of rural post roads, and for other

purposes," approved July 11, 1916, as amended and supple

mented, and for other purposes, which was passed over tempo

rartiy a moment ago.

TMAe Sl'BAKEH gro tempore. The gentleman from Utah asks o/w" /JMOUS consent to return to Calendar No. 655. Is there ''

-was no objection.

€>r:k read the title of the bln

cut ?* & f EAKER pro tempore. Is there objection to the pres4f,T0xi ***«*«» ration of the bill?

°6je c< ^•I-'-A.CK of Texas. Mr. Speaker, reserving the right to flo( f.f- as i understand from the reading of the bill, it does ***"*» the present plan of apportionment to the States of

It leaves that just as it Is under the

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of Texas- Tne ou'y change made Is that under it permits the Federal Government to use a on some particular road than is now permitted law.

And that is deducted from the amount each state where this is used. EAKER pro tempore. Is there objection to the pres

tlon of the bill? , no objection.

*— l«rk read the bill, as follows:

^ Uncled, etc., That paragraph 4, section 4, of the act entitled *naking appropriations for the Post Office Department for the ending June 30, 1923, and for other purposes," approved

19~2 (42 Stat> L' 600*' PrcscriblnS limitations on the pay^ Federal funds per mile which the Secretary may make, Is TM Attended by adding at the end thereof a further proviso, as

*"* Provided further, That the Secretary of Agriculture may make in excess of the above limitations per mile In the case of any Involving construction In mountainous, swampy, or flood lands, i/ch the average cost per mile for the grading and drainage strucother than bridges of more than 20 feet clear span will exceed Per mile; and also In the case of any project which by reason ty of population or character and volume of traffic the State department and the Secretary of Agriculture may determine «J be improved with a surface of greater width than 18 feet In ^^'>Dt shall the payments of Federal funds on any project under this

proviso exceed 50 per cent of the cost of the project, except as such payments are authorized to be Increased In the public-land States."

Sec. 2. That the paragraph of section 0 of the Federal highway act, approved November 9, 1921, which reads as follows: "Not more than 60 per cent of all Federal aid allotted to any State shall be expended upon the primary or Interstate highways until provision has been made for the Improvement of the entire system of such highways: Provided, That with the approval of any State highway department the Secretary of Agriculture may approve the expenditure of more than 60 per cent of the Federal aid apportioned to such State upon the primary or Interstate highways in such State," Is hereby repealed.

Sec. 8. That section 11 of the Federal highway act, approved November 9, 1921 (42 Slat. L. 212), as amended or supplemented, bo further amended by adding ut the end of the second paragraph thereof the following:

"And prorided further, That In the ease of any State containing unappropriated public lands and noutaxable Indian lands, Individual and tribal, exceeding 5 per cent of the total area of all lands in the State iu which the population, as shown by the latest available Federal census, does not exceed 10 per square mile of area, the Secretary of Agriculture, upon request from the State highway department of such State may Increase the share payable by the United States to auy percentage up to and including the whole cost on projects on the primary system of Federal-aid highways and on projects on the secondary system when the latter Is a continuation of a route on the primary system or directly connects with a route on the primary system of an adjoining State, but the average Federal pro rata allotted to all Federal-aid projects In any such State during any fiscal year shall not exceed the pro rata authorized In such State under the provisions of this act."

Sec. 4. That hereafter the shield or other Insignia of the United States as shown on the seal of the United States, or any simulation thereof, shall not be used as a highway marker, directional sign, or advertising medium on or along any road or highway in the United States, wMch is a part of or may become a part of the primary or interstate or secondary or Intercounty highway system as designated in accordance with the Federal highway act of November 9, 1921, except where heretofore or hereafter so used by the highway departments of the several States acting cooperatively through their organization, known as the American Association of State Highway Officials, and with the United States Department of Agriculture: Provided, That nothing herein shall lie held to prohibit the highway department of any State from authorizing motoring organizations, associations, and corporations, heretofore engaged In sign-posting work under the direction of such highway departments, to erect and maintain such highway markers and directional sign when done without expense to the State or the United States, or to place on such markers and directional signs the Insignia or name of the agency so designated, when done In a manner approved by anch highway department; and any person, firm, organization, corporation, or association who shall use or shall simulate and use any shield or other insignia of the United States as a highway marker, directional sign, or advertising medium for or along such highways, or who shall destroy, mutilate, deface, tear down, or remove any highway marker or directional sign heretofore or hereafter erected by the Bureau of Public Roads at the expense of the Federal Government on said system of highways, shall be deemed guilty of a misdemeanor aud shall be punishable by a fine of not to exceed $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, In the discretion of the court.

Sec. 5. In every case In which. In the judgment of the Secretary of Agriculture and the highway department of the State In question, It shall be practicable to plant and maintain shade trees along the highways authorized by said act of November 9, 1921, and by this act, the planting of such trees shall be included In the specifications provided In section 8 of said act of November 9, 1921.

Sec. 6. All acts or parts of acts in any way Inconsistent with the provisions of this act are hereby repealed, and this act shall take effect on Its passage.

With the following committee amendment:

Strike out all after the enacting clause and Insert:

"That section 11 of the Federal highway act, approved November1 9, 1921 (42 Stat. L. 212), as amended or supplemented, be further amended by adding at the end of the second paragraph thereof the following:

"'And proi-Mcd further. That In the case of any State containing unappropriated public lands aud nontaxahle Indians lands, individual and tribal, exceeding 5 per cent of the total area of all lands in the State In which the population, as shown by the latest available Federal census, does not exceed 10 per square mile of area, the Secretary of Agriculture, upon request from the State highway department of such State, may increase the share payable by the United States to any percentage up to and including the whole cost on projects on the primary system of Federal-aid highways and on projects on the secondary system when the latter Is a continuation of a route on the primary system or directly connects with a route on the primary system of an adjoinIng State, but such State sbnll allocate nnd expend during the game Ilscnl year upon some other project or projects on the Federal-aid system, under the direction of the Secretary of Agriculture, the amount It would have been required to expend upon such project.'

"Sec. 2. In every case In which, in the Judgment of the Secretary of Agriculture and the highway department of the State in question. It shall be practicable to plant and maintain shade trees along the highways authorized by sold act of November 9. 1(121, and by thlg act, the planting of such trees shall be Included in the specifications provided In section 8 of said act of November 8, 1021.

"Skc. 3. The system of Federal-aid highways on which Federal funds may be expended In any State may excee<l 7 per cent of the total highway mileage of such State by the mileage of roads on said system within national forest, Indian, or other Federal reservations therein.

"Sec. 4. Federal funds may be expended on that portion of a highway or street within a municipality having a population of 2,500 or more, along which from a point on tile corporate limits inwardly the houses average more than 200 feet apart: Provided, That no Federal funds shall he expended for the construction of any bridge within or partly within any municipality having a population of more than 30,000, as shown by the latest available Federal or State census; but this limitation shall not apply In the case of an interstate bridge, Including approaches, connect Ins such municipality In one State with a point in an adjoining State which may be within a municipality having a population of not more than 10.000.

"Sec. 5. All acts or parts of acts In any way Inconsistent with the provisions of this act are hereby repealed, and this act shall take effect on its passage."

The committee amendment was agreed to. The bill as amended was ordered to be read a third time, was read the third time, and passed.

A motion to reconsider was laid on the table.

ADDITIONAL CIRCUIT JUDGE

The next business on the Consent Calendar was the hill (II. R. 11139) for the appointment of an additional circuit judge for the second judicial circuit

The Clerk read the title of the bill.

The SPEAKER pro tempore (Mr. Micheneh). Is there objection tn the present consideration of the bill?

Mr. LACUAItDIA. Mr. Speaker, reserving the right to object, this additional circuit judgeship was to be created on the assumption (here would be three additional district judges in the southern district and one additional district court judge in (lie eastern district within the circuit court district. Pending the consideration of the bills which have been reported from the Committee on the Judiciary, I as-k that this bill may go over without prejudice.

The SPEAKER pro tempore. Without objection, the bill will be passed over without prejudice.

There was no objection.

SUBSCRIPTION CHARGES FOB NEWSPAPERS, MAGAZINES, ETC.

The next business on the Consent Calendar was the bill (II. R. 11989) providing that subscription charges for newspapers, magazines, nnd other periodicals for official use may be paid for in advance.

The Clerk read the title of the bill.

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

Mr. LAGUARDIA. Mr. Speaker, I object. There is a constant attempt being made to break down one of the most salutary provisions of the Revised Statutes to permit the payment of money in advance. These subscriptions are possible in the Diplomatic Service. We made certain exceptions and there is a tendency to keep breaking down this provision of the Revised Statutes, and I trust that there will be two other Members who will join with me in objecting to the bill at this time.

Mr. DYER. Mr. Speaker, this legislation is asked for by the departments. It saves a great deal of expense. You have got to pay for it anyway, and if it can be paid for in advance it avoids the ntcessity of putting this provision in the appropriation bills.

Mr. LAGUARDIA. It can be objected to in appropriation bills, and I do not see why any periodical would not trust the Government for a year's .subscription. I object.

Mr. DYER. It is not a question of trusting the Government, but it is a question of facilitating and saving expense to the Government.

Mr. Laguardia, Mr. Schafer, and Mr. Cooper of

Wisconsin objected.

AMENDMENT OF THE JUDICIAL CODE OF THE UNITED .STATES

The next business on the Consent Calendar was the bill (H. K. 8270) to amend section 52 of the Judicial Code of the United States.

Clerk read the title of the bill.

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

Mr. SPEARING, Mr. De ROUEN, nnd Mr. KEMP objected.

Mr. MAcGREGOR. Mr. Speaker, may I ask that the objections be reserved until I can make some inquiry as to why it is objected to?

The objection was reserved.

Mr. MAcGREGOR. I can not understand why there is objection to this bill. There are certain rumors that have come to me that certain corporations are objecting to it because they do not want to be sued. All that the bill provides is that in u State where there is more than one judicial district of the United States and where there is a designation by a foreign corporation doing business in that State of the secretary of state or other person, that persons living in a Judicial district outside of the district in which the secretary of state or other person designated is located within the same State may sue.

Mr. SPEAKING. It does not say that at all.

Mr. LAGUARDIA. Will the gentleman yield?

Mr. MAcGREGOR. Yes.

Mr. LAGUARDIA. And is it not true that in almost every State the superintendent of insurance is the man designated to accept service for a foreign insurance company, and the superintendent of insurance as a rule resides iii the capital of the State, thereby making it necessary for a plaintiff suing a foreign insurance corporation to go to the capital in order to get service?

Mr. HOWARD of Oklahoma. Will the gentleman yield?

Mr. MAcGREGOR. Yes.

Mr. HOWARD of Oklahoma. We have a situation in Oklahoma where we have three judicial districts. It is the practice of foreign corporations to appoint, say, the assistant secretary of state as their agent.

Mr. MAcGREGOR. Yes.

Mr. HOWARD of Oklahoma. If I understand the gentleman, under this bill if it passes, if I live in one of the districts other than the one in which the capital is located, I can bring suit, but under other conditions I can not bring it, unless this bill passes, unless I live in the district where the capital is located.

Mr. MAcGREGOR. The gentleman is absolutely correct.

Mr. LAGUARDIA. Or you have to go to the capital to bring suit.

Mr. MAcGREGOR. If the plaintiff does not reside •within the same judicial district as the iierson designated he can not bring suit at all because under section 51 of the Judicial Code the action must be brought in the district where one of the parties reside.

Mr. SPEARING. Under this bill, irrespective of the district in which he lives, he may bring suit wherever he wants to in the State.

Mr. MAcGREGOR. The gentleman Is right, but this is a foreign corporation and the people of the whole State should have equal rights with respect to the foreign corporation permitted to do business within their State.

Mr. L.\GUARD1A. Suppose a resident in the northern part of the gentleman's State desires to sue a railroad corporation. If that corporation has no agent in the judicial district, then the plaintiff must go hundreds of miles in order to bring the defendant within the jurisdiction of the court.

Mr. SPEARING. A resident of a State living in the district in which the agent of a foreign corporation is located can if he pleases bring suit against the corporation in a different district. I object, Mr. Speaker.

Mr. SPEARING, Mr. KEMP, and Mr. O'CONNOR of Louisiana objected.

CREATION OF ORGANIZED RURAL COMMUNITIES

The next business on the Consent Calendar was the bill (II. R. S221) to authorize the creation of organized rural communities to demonstrate methods of reclamation and benefits of planned rural development.

The Clerk read the title of the bill.

The SPEAKER pro tempore. Is there objection?

Mr. HOOPER. Mr. Speaker, at the request of the gentleman from Michigan [Mr. Chamton] I ask that this bill be passed without prejudice.

Mr. CRISP. I think this is a very meritorious bill and I regret that the gentleman has seen fit to object to it.

Mr. LAGUARDIA. The gentleman did not expect to have it passed on the unanimous Consent Calendar, did he?

Mr. CRISP. Well, I was very optimistic. I made application for a rule and not having received it I did the best I could.

COMPENSATION OF REGISTERS OF LOCAL LAND OFFICES

The next business on the Consent Calendar was the bill (.S. 7ti(>) to fix the com]>ensation of registers of local land offices and for other purposes.

The Clerk read the title of the bill.

The SPEAKER pro tempore. Is there objection!

There was no objection.

The Clerk read as follows:

Be it cnaftcil, etc., That from and after the beginning of the next fiscal year the compensation of registers of local land offices shall be a salary of $1.000 per annum each and all fees and commissions now allowed by law to snch registers, but the salary, fees, and commlstlons of such registers shall not exceed $3,600 each per annum: 1'rotvtrd, That the salary of the register of the Juneau land district, Alaska, shall be $3,600 per annum.

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

RELIEF OF CERTAIN MEMBERS OP THE NAVY AND MARINE CORPS

The next business on the Consent Calendar was the bill (H. R. 8327) for the relief of certain members of the Navy and Marine Corps, who were discharged because of misrepresentation of age.

The Clerk read the title to the bill.

The SPEAKER pro tempore. Is there objection?

Mr. LAGUARDIA. Who has charge of this bill?

Mr. REECE. I am not responsible for the bill, but I did sponsor a similar bill for the Army, which has passed the House.

Mr. LAGUARDIA. Is this regardless of the length of service the young man may have in the Army or the Navy? Suppose .a young man enters the Navy and gives his age wrongfully. Then immediately thereafter without rendering any actual service he is discharged. Would the gentleman place that boy in the category here provided?

Mr. REECE. The bill which related to the Army applied (luring the World War and the Spanish War, and it applied without reference to the period of the service.

Mr. LAGUARDIA. Would the gentleman give the boy who served only one day the privileges of the bonus, pension, and so forth? If a boy came into the service and rendered service and on application of the parents without any fault of his own was discharged, I would give that boy an honorable discharge, but where a boy enlists one day and leaves the service in a week I do not believe that he should receive it.

Mr. SCHAFER. What about boys 10 or 17 years old that the recruiting officers take into the service day after day, day in and day out?

Mr. LAGUARDIA. That has nothing to do with it.

Mr. SCHAFER. You do not give them an honorable discharge?

Mr. REECE. Under the compensation law in order to receive a pension for disability the disability must be connected with the service. In the future if we pass a general pension bill they will follow that precedent.

Mr. LAGUARDIA. Mr. Speaker, I will ask to have the bill passed over without prejudice.

The SPEAKER pro tempore. Without objection, it will be so ordered.

There was no objection.

PAN AMERICAN POSTAL UNION RECIPROCAL, FREE POSTAGE

The next business on the Consent Calendar was the bill (H. R. 12415), to grant freedom of postage in the United States domestic service to the correspondence of the members of the diplomatic corps anil consuls of the countries of the Pan American Postal Union stationed in the United States.

The Clerk read the title of the bill.

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

Mr. COLLINS. Mr. Speaker, I object.

POISONS IN THE MAILS

The next business on the Consent Calendar was the bill (H. R. 10441) to amend section 217, as amended, of the act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1009.

The Clerk read the title of the bill.

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

Mr. LAGUARDIA. Mr. Speaker, I ask unanimous consent that the bill be passed over without prejudice.

The SPEAKER pro tempore. Is there objection?

There was no objection.

TRANSFERRING CERTAIN GOVERNMENT PROPERTY TO CITY OP DULUTH

The next business on the Consent Calendar was the bill (S. 2340) to transfer to the city of Duluth, Minn., the old Federal building, together with the site thereof.

The Clerk read the title of the bill.

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

Mr. LAGUARDIA. Who introduced this bill?

Mr. SCHAFER. Mr. Speaker, reserving the right to object

Mr. CARSS. Mr. Speaker, I am ready to answer any questions that the gentlemen may propound, if I am capable of doing it.

Mr. ABERNETHY. I hope the gentleman from Wisconsin will not object.

Mr. SCHAFER. What is the necessity for transferring this land to the city of Duluth?

Mr. CARSS. The city desires this land for park purposes in order to carry out what is known as the Burnham grouping plan. The city will pay the Government for it.

Mr. SCHAFER. How much is the land worth?

Mr CARvSS. I do not know.

Mr. SCHAFER. Is there a saving clause in the bill which will prevent the city of Dulutb from reselling the land to a private landowner?

Mr. CARSS. If the gentleman will read the bill I think he will find that that has been taken care of and that the interests of the Government are fully protected.

The SPEAKER pro tempore. Is there objection?

There was no objection.

Mr. CARSS. Mr. Speaker, I ask unanimous consent to substitute S. 2340, an identical bill, for the House bill.

The SPEAKER pro tempore. Is there objection?

There was no objection.

The Clerk read the Senate bill, as follows:

Be it enacted., etc., That upon completion of the new Federal building authorized to be erected under the provisions of the act of March 2, 1007, in the city of Duluth, Minn., the Secretary of the Treasury la hereliy authorized to transfer to the city of Duluth, Minn., the old Federal building, together with the site thereof, at such price and on such terms as he deems to be reasonable, and to convey such property to the city of Duliith by the usual quitclaim deed and deposit the proceeds of such sale in the Treasury of the United States as a miscellaneous receipt.

The bill was ordered to be read a* third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

A similar House bill was laid on the table.

GRANTING TO FOBT WAYNE, IND., AN EASEMENT OVEB GOVERNMENT

PROPERTY

The next business on the Consent Calendar was the bill (H. R. 12409) to grant to the city of Fort Wayne, Ind., an easement over certain Government property.

The Clerk read the title of the bill.

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

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., Thut the Secretary of the Treasury Is hereby authorized and directed to grant to the city of Fort Wayne, Ind., an easement over the western portion of lot 113, original plat of such city, being a strip of land 10 feet wide and 150 feet long, extending along the east side of Clinton Street south from the corner of Berry Street, such 10-foot strip being a portion of the present post-office site; such easement to continue so long as the land shall be used exclusively for street purposes: Provided, however, That the United States shall retain the right to have that portion of the base of the present tower whicb encroaches approximately 1 foot and 3 Inches on the uforesaid 10foot strip, remain in place, undisturbed, as though such grant had never been made: And provided further, That the city of Fort Wayne, as a consideration for such grant, shall perform all necessary work Incident to the relocation of the steps, changes in entrance, approaches, and the grounds of the said post-office, site; such work shall be performed under the direction and to the satisfaction of the Treasury Department, all without expense to the United States.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

GRANTING EASEMENT TO CITY OF DULUTH, MINN.

The next business on the Consent Calendar was. House joint resolution (H. J. Res. 249), granting an easement to the city of Duluth, Minn.

The Clerk rend the title of the joint resolution.

The SPEAKER pro tempore. Is there objection to the present consideration of the joint resolution?

Mr. LAGUARDIA. Mr. Speaker, reserving the right to object, what relation to this resolution has the bill that we just passed a moment ago?

Mr. CARSS. This also refers to the site and permits the Secretary of the Treasury to accept title to some laud which

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