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1928

CONGRESSIONAL RECORD-HOUSE

“'(d) All such loans shall bear interest at rates at follows, payable not less frequently than annually: During any period in which the vessel is operated exclusively in coastwise trade, or is inactive, the rate of interest shall be as fixed by the board, but not less than 54 per cent per annum. During any period in which the vessel is operated in foreign trade the rate shall be the lowest rate of yield (to the nearest one-eighth of 1 per cent) of any Government obligation bearing a date of issue subsequent to April 6, 1917 (except postal-savings bonds), and outstanding at the time the loan is made by the board, as certified by the Secretary of the Treasury to the board upon its request. The board may prescribe rules for determining the amount of interest payable under the provisions of this paragraph.

(e) No loan shall be for a greater sum than three-fourths the cost of the vessel or vessels to be constructed or than threefourths the cost of the reconditioning, remodeling, improving, or equipping hereinbefore authorized for a vessel already built.

(f) The board shall require such security as it shall deem necessary to insure the completion of the construction, reconditioning, remodeling, improving, or equipping of the vessel within a reasonable time and the repayment of the loan with interest; when the construction, reconditioning, remodeling, improving, or equipping of the vessel is completed the security shall include a preferred mortgage on the vessel, complying with the provisions of the ship mortgage act, 1920 (U. S. C., title 46, chap. 25), which mortgage shall contain appropriate covenants and provisions to insure the proper physical maintenance of the vessel, and its protection against liens for taxes, penalties, claims, or liabilities of any kind whatever, which might impair the security for the debt. It shall also contain

any other covenants and provisions the board may prescribe, including a provision for the summary maturing of the entire debt, for causes to be enumerated in the mortgage.

"(g) The board shall also require and the security furnished shall provide that the owner of the vessel shall keep the same insured against loss or damage by fire, and against marine risks and disasters, and against any and all other insurable risks the board specifies, with such insurance companies, associations, or underwriters, and under such forms of policies, and to such an amount, as the board may prescribe or approve; such insurance shall be made payable to the board and/or to the parties, as interest may appear. The board is authorized to enter into any agreement that it deems wise in respect to the payment and for the guaranty of premiums of insurance.'

"(b) Section 11 of the merchant marine act, 1920, as in force immediately prior to the enactment of this act, shall remain in force in respect of all loans made before the enactment of

this act.

"INCREASE OF CONSTRUCTION LOAN FUND

SEC. 302. (a) There is authorized to be appropriated, to be credited to and for the purposes of the construction loan fund created by section 11 of the merchant marine act, 1920, as amended, such amounts as will, when added to the amounts credited to such fund by the United States Shipping Board under authority of law (exclusive of repayments on loans from the fund), make the aggregate of the amounts credited to such fund (exclusive of such repayments) equal to $250,000,000.

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under the laws of the United States to carry merchandise,
distributed so as equitably to serve the Atlantic, Mexican Gulf,
and Pacific coast ports, the volume of mail then moving over
five years, the times deemed by him advisable for the depar-
such routes and the estimated volume thereof during the next
ture of the vessels carrying such mails, and other requirements
ports.
necessary to provide an adequate postal service between such

"RECOMMENDATIONS BY SHIPPING BOARD

of such certification from the Postmaster General, determine "SEC. 403. The board shall, as soon as practicable after receipt and certify to him the type, size, speed, and other characterroute, the frequency and regularity of their sailings, and all istics of the vessels which should be employed on each such other facts which bear upon the capacity of the vessels to meet the requirements of the service stated by the Postmaster Genconsideration the desirability of having the mail service pereral. The board in making its determination shall take into and most approved types, with modern improvements and appliformed by vessels constructed in accordance with the latest

ances.

"AUTHORITY TO MAKE CONTRACTS

into contracts with citizens of the United States whose bids are accepted, for the carrying of mails between ports (exclusive of "SEC. 404. The Postmaster General is authorized to enter

ports in the Dominion of Canada other than ports in Nova Scotia) between which it is lawful under the navigation laws for a vessel not documented under the laws of the United States to carry merchandise. He shall include in such contracts such requirements and conditions as in his best judgment will insure of the interests of the Government. Performance under any the full and efficient performance thereof and the protection such contract shall begin not more than three years after the contract is let, and the term of the contract shall not exceed 10 years.

"VESSELS

"SEC. 405. (a) The vessels employed in ocean-mail service shall be steam or motor vessels, and shall be either (1) Ameriunder a contract made under this title shall be steel vessels, can-built and registered under the laws of the United States during the entire time of such employment, or (2) registered under the laws of the United States not later than February 1, 1928, and so registered during the entire time of such employment, or (3) actually ordered and under construction for the 1928, and registered under the laws of the United States during account of citizens of the United States prior to February 1, the entire time of such employment.

"(b) A vessel for the services of which a contract is entered into under authority of this title, and the construction of which is hereafter begun, shall be either (1) a vessel constructed, according to plans and specifications approved by the Secretary of the Navy, with particular reference to economical conversion into an auxiliary naval vessel, or (2) a vessel which will be otherwise useful to the United States in time of national emergency.

"(c) From and after the enactment of this act, all licensed officers of vessels documented under the laws of the United States, as now required by law, shall be citizens of the United States; from and after the enactment of this act and for a

"(b) When $250,000,000 has been credited to such fund (whether by the board under authority of law or from ap propriations authorized by this section, but exclusive of repay-period of four years, upon each departure from the United ments on loans from the fund) then no further sums (except such repayments) shall be credited by the board to such fund. "(c) The construction loan fund shall continue to be a revolving fund. Repayments on loans from the fund shall be credited to the fund, but interest on such loans shall be covered into the Treasury as miscellaneous receipts.

"TITLE IV-OCEAN MAIL SERVICE

"SCOPE OF TITLE

"SEC. 401. All mails of the United States carried on vessels between ports (exclusive of ports in the Dominion of Canada other than ports in Nova Scotia) between which it is lawful under the navigation laws for a vessel not documented under the laws of the United States to carry merchandise shall, if practicable, be carried on vessels in respect of which a contract is made under this title.

66 REQUIREMENTS OF POSTAL SERVICE

"SEC. 402. As soon as practicable after the enactment of this act, and from time to time thereafter, it shall be the duty of the Postmaster General to certify to the United States Shipping Board what ocean mail routes, in his opinion, should be established and/or operated for the carrying of mails of the United States between ports (exclusive of ports in the Dominion of Canada other than ports in Nova Scotia) between which it is lawful under the navigation laws for a vessel not documented

States of a vessel employed in ocean-mail service under this title, one-half of the crew (crew including all employees of the and, thereafter, two-thirds of the crew as above defined shall be ship other than officers) shall be citizens of the United States citizens of the United States.

"ADVERTISING FOR BIDS

"SEC. 406. Before making any contract for carrying ocean mails under this title the Postmaster General shall give public notice by advertisement once a week for three weeks in such daily newspapers as he shall select in each of the cities of Boston, New York, Philadelphia, Baltimore, New Orleans, Charleston, Norfolk, Savannah, Jacksonville, Galveston, Houston, and Mobile, calling for bids for carrying of such ocean mails; or when the proposed service is to be on the Pacific Ocean then in Los Angeles, San Francisco, Portland, Tacoma, and Seattle. Such notice shall describe the proposed route, the time when such contract will be made, the number of trips a year, the schedule required, the time when the service shall information deemed by the Postmaster General to be necessary commence, the character of the vessels required, and all other to inform prospective bidders as to the character of the service to be required.

"AWARDING CONTRACTS

under this title shall be awarded to the lowest bidder who, in "SEC. 407. Each contract for the carrying of ocean mails

the judgment of the Postmaster General, possesses such qualifications as to insure proper performance of the mail service under the contract.

"CLASSIFICATION OF VESSELS

"SEC. 408. (a) The vessels employed in ocean mail service under this title shall be divided into classes as follows:

"Class 7. Vessels capable of maintaining a speed of 10 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 2,500 tons.

"Class 6. Vessels capable of maintaining a speed of 10 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 4,000 tons.

"Class 5. Vessels capable of maintaining a speed of 13 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 8,000 tons.

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Class 4. Vessels capable of maintaining a speed of 16 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 10,000 tons.

"Class 3. Vessels capable of maintaining a speed of 18 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 12,000 tons.

"Class 2. Vessels capable of maintaining a speed of 20 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 16,000 tons.

"Class 1. Vessels capable of maintaining a speed of 24 knots at sea in ordinary weather, and of a gross registered tonnage of not less than 20,000 tons.

"(b) The classification of a vessel may be based upon its speed without regard to its tonnage if the Postmaster General is of opinion that speed is especially important on the particular route on which the vessel is to be employed, and that a suitable vessel documented under the laws of the United States of a higher classification is not available on reasonable terms and conditions, or, on account of the character of the ports served or for other reasons, can not be safely or economically employed on such route.

"COMPENSATION UNDER CONTRACTS

"SEC. 409. (a) The rate of compensation to be paid under this title for ocean-mail service shall be fixed in the contract. Such rate shall not exceed: For vessels of class 7, $1.50 per nautical mile; for vessels of class 6, $2.50 per nautical mile; for vessels of class 5, $4 per nautical mile; for vessels of class 4, $6 per nautical mile; for vessels of class 3, $8 per nautical mile; for vessels of class 2, $10 per nautical mile; and for vessels of class 1, $12 per nautical mile. As used in this section the term 'nautical mile' means 6,080 feet.

"(b) When the Postmaster General is of opinion that the interests of the Postal Service will be served thereby, he may, in the case of a vessel of class 1 capable of maintaining a speed in excess of 24 knots at sea in ordinary weather, contract for the payment of compensation in excess of the maximum compensation authorized in subsection (a), but the compensation per nautical mile authorized by this subsection shall not be greater than an amount which bears the same ratio to $12 as the speed which such vessel is capable of maintaining at sea in ordinary weather bears to 24 knots.

"(c) If the Postmaster General is of opinion that to expedite and maintain satisfactory service under a contract made under this title, airplanes or airships are required to be used in conjunction with vessels, he may allow additional compensation, in amounts to be determined by him, on account of the use of such airplanes or airships. Such airplanes or airships shall be American-built and owned, officered, and manned by citizens of the United States.

"(d) The Postmaster General shall determine the number of nautical miles by the shortest practicable route between the ports involved and payments under any contract made under this title shall be made for such number of miles on each outward voyage regardless of the actual mileage traveled.

"VIOLATION OF CONTRACTS

"SEC. 410. In the case of failure of a vessel from any cause to perform any regular voyage required by a contract made under this title, a pro rata deduction shall be made from the contract price on account of such omitted voyage; and suitable deductions, to be determined by the Postmaster General, may be made from the compensation payable under the contract for delays, failures to properly safeguard the mails, or other irregularities in the performance of the contract. Deductions so determined upon shall be deducted by the Postmaster General from the payments otherwise due and payable under the terms of the contract. The Postmaster General may, in case of emergency, permit the substitution for a particular voyage of a vessel not within the provisions of the contract, even thought not conforming to the requirements of section 405.

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"SEC. 412. Naval officers of the United States on the active list may volunteer for service on any vessel employed in mail service under a contract made under the provisions of this title, and when accepted by the owner or master thereof may be assigned to such duty by the Secretary of the Navy. such employment such officers shall receive from the Government half pay, exclusive of allowances, and such other compensation from the owner or master as may be agreed upon by the parties; but such officers while in such employment shall be required to perform only such duties as appertain to the merchant marine. "MAIL MESSENGERS

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"SEC. 413. Upon each vessel employed in ocean mail service under a contract made under this title, the Postmaster General shall be entitled to have transported such mail messengers as he may require, for whom shall be provided subsistence, suitable staterooms, and working quarters, all free of charge. "AMENDMENTS AND REPEALS

"SEC. 414. (a) Section 24 of the merchant marine act, 1920 (U. S. C., title 46, sec. 880), is amended to read as follows: "SEC. 24. That all mails of the United States shipped or carried on vessels shall, if practicable, be shipped or carried on American-built vessels documented under the laws of the United States. No contract hereafter made with the Postmaster General for carrying mails on vessels so built and documented shall be assigned or sublet, and no mails covered by such contract shall be carried on any vessel not so built and documented. No money shall be paid out of the Treasury of the United States on or in relation to any such contract for carrying mails on vessels so built and documented when such contract has been assigned or sublet or when mails covered by such contract are in violation of the terms thereof carried on any vessel not so built and documented. This section shall not be applicable in the case of contracts made under Title IV of the merchant marine act, 1928.'

"(b) Section 7 of the merchant marine act, 1920 (U. S. C., title 46, sec. 866), is amended by striking out so much thereof as reads as follows: The Postmaster General is authorized, notwithstanding the act entitled "An act to provide for ocean mail service between the United States and foreign ports, and to promote commerce," approved March 3, 1891, to contract for the carrying of the mails over such lines at such price as may be agreed upon by the board and the Postmaster General.'

"(c) The act entitled 'An act to provide for ocean mail serv ice between the United States and foreign ports, and to promote commerce,' approved March 3, 1891 (U. S. C., title 39, secs. 657665), is repealed.

"(d) So much of the act entitled 'An act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes,' approved March 3, 1917, as provides for contracts for the carrying of mails between the United States and Great Britain (U. S. C., title 39, sec. 666), is repealed.

"(e) Subdivision (b) of section 4009 of the Revised Statutes, as amended (44 Stat. L., pt. 2, 900), is amended to read as follows:

"(b) The provisions of subdivision (a) of this section shall not limit the compensation for transportation of mail which the Postmaster General may pay under contracts entered into in accordance with the provisions of section 4007 of the Revised Statutes (U. S. C., title 39, sec. 652), section 24 of the merchant marine act, 1920 (U. S. C., title 46, sec. 880), or title 4 of the merchant marine act, 1928.'

"(f) Any contract made prior to the enactment of this act shall remain in force and effect in the same manner and to the same extent as though this act had not been enacted. Any such contract which expires on June 30, 1928, may be extended for a period of not more than one year from such date.

"TITLE V-INSURANCE FUND

"SEC. 501. Section 10 of the merchant marine act. 1920 (U. S. C., title 46, sec. 869), is amended to read as follows: "SEC. 10. That the board may create out of insurance premiums, and revenue from operations and sales, and maintain and administer separate insurance funds which it may use to insure in whole or in part against all hazards commonly covered by insurance policies in such cases, any legal or equitable interest of the United States (1) in any vessel constructed or in process of construction: and (2) in any plants or property in the possession or under the authority of the board. The

United States shall be held to have such an interest in any vessel toward the construction, reconditioning, remodeling, improving, or equipping of which a loan has been made under the authority of this act, in any vessel upon which it holds a mortgage or lien of any character, or in any vessel which is obligated by contract with the owner to perform any service in behalf of the United States, to the extent of the Government's interest therein.'

"TITLE VI-TRANSPORTATION OF GOVERNMENT OFFICIALS "SEC. 601. Any officer or employee of the United States traveling on official business overseas to foreign countries, or to any of the possessions of the United States, shall travel and transport his personal effects on ships registered under the laws of the United States when such ships are available, unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor.

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"SEC. 702. (a) The following vessels may be taken and purchased or used by the United States for national defense or during any national emergency declared by proclamation of the President:

"(1) Any vessel in respect of which, under a contract hereafter entered into, a loan is made from the construction loan fund created by section 11 of the merchant marine act, 1920, as amended-at any time until the principal and interest of the loan has been paid; and

"(2) Any vessel in respect of which an ocean mail contract is made under title 4 of this act-at any time during the period for which the contract is made.

"(b) In such event the owner shall be paid the fair actual value of the vessel at the time of taking, or paid the fair compensation for her use based upon such fair actual value; but in neither case shall such fair actual value be enhanced by the causes necessitating the taking. In the case of a vessel taken and used, but not purchased, the vessel shall be restored to the owner in a condition at least as good as when taken, less reasonable wear and tear, or the owner shall be paid an amount for reconditioning sufficient to place the vessel in such condition. The owner shall not be paid for any consequential damages arising from such taking and purchase or use. "(c) The President shall ascertain the fair compensation for such taking and purchase or use and shall certify to Congress the amount so found by him to be due, for appropriation and payment to the person entitled thereto. If the amount found by the President to be due is unsatisfactory to the person entitled thereto, such person shall be entitled to sue the United States for the amount of such fair compensation and such suit shall be brought in the manner provided by paragraph 20 of section 24 or by section 145 of the Judicial Code, as amended (U. S. C., title 28, secs. 41, 250). 66 DEFINITIONS

"SEC. 703. (a) When used in this act, and for the purposes of this act only, the words "foreign trade" mean trade between the United States, its Territories or possessions, or the District of Columbia and a foreign country: Provided, however, That the loading or the unloading of cargo, mail, or passengers at any port in any Territory or possession of the United States shall be construed to be foreign trade if the stop at such Territory or possession is an intermediate stop on what would otherwise be a voyage in foreign trade.

"(b) When used in this act the term "citizen of the United States" includes a corporation, partnership, or association only if it is a citizen of the United States within the meaning of section 2 of the shipping act, 1916, as amended (U. S. C., title 46, sec. 802).

66 REAFFIRMATION OF POLICY

"SEC. 704. The policy and the primary purpose declared in section 7 of the Merchant Marine Act, 1920 (U. S. C., title 46, sec. 866), are hereby reaffirmed.

"SHIP OPERATIONS

"SEC. 705. In the allocations of the operations of the ships, the Shipping Board shall distribute them as far as possible and without detriment to the service among the various ports of the country.

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The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill S. 744 submit the following written statement explaining the action agreed upon by the conference committee:

Except for the renumbering of titles and of sections made necessary by the elimination of Title V of the House amendment and by the transferring of section 804 of the House amendment to the end of the bill where it appears as section 706, the changes in the House amendment are few in number, and of them only three are of importance. These changes are as follows:

provided that on each departure from the United States of 1. Paragraph (c) of section 405 of the House amendment three-fourths of the crew, exclusive of licensed officers rea vessel employed in the ocean mail service under the act, quired by law, and exclusive of the steward's departinent, should be citizens of the United States. The modification insisted upon by the Senate conferees and to which your House conferees have agreed provides: (1) That all licensed officers of vessels documented under the laws of the United States as now required by law shall be citizens of the United States; (2) that from and after the enactment of this act and for a period of four years, upon each departure of a vessel employed in the ocean mail service under this title, one-half of the crew shall be citizens of the United States; and (3) that thereafter two-thirds of the crew shall be such citizens.

2. In section 406 of the House amendment two additional cities in which advertisements calling for bids for carrying the mails are required were added, Jacksonville on the east coast and Tacoma on the Pacific.

3. In paragraph (b) of section 408 of the House amendment the word "registered" is striken out and the word "documented" is substituted.

4. In section 601 of the House amendment, which now appears as section 501 of the conference draft, the article "a in the fifth line is eliminated and the word "fund" in the same line is changed to the plural, "funds."

5. Title V, merchant marine naval reserve, of the House amendment, is stricken from the bill.

6. In paragraph (b) of section 803 of the House amendment, which appears in the committee's draft as paragraph (b) of section 703, the words "a person owing allegiance to the United States, and " are stricken out.

WALLACE H. WHITE, Jr.,
FREDERICK R. LEHLBACH,
ARTHUR M. FREE,

EWIN L. DAVIS,

SCHUYLER O. BLAND,

Managers on the part of the House.

Mr. WHITE of Maine. Mr. Speaker, I yield five minutes to the Commissioner from the Philippines [Mr. GUEVARA].

Mr. GUEVARA. Mr. Speaker and gentlemen of the House, before you stands now a man representing 12,000,000 people without country and without flag. It is declared once more by the action of the committee on conference of both Houses on the Senate bill 744, whose report has just been read. In the conference it was agreed that the amendment introduced by the gentleman from Hawaii [Mr. HOUSTON], on page 24, line 18, of the bill and approved by an overwhelming majority in this House, be stricken out, maintaining therefore the present status of the Filipinos as defined in paragraph (c), section 405, of the bill.

I have no complaint to make of this action of the conference committee. The peculiar political situation of the Philippines

and the prospective solution of its problem seems to justify the suppression of the amendment.

Thirty years have elapsed since the Filipino people, in the words of President McKinley, were brought within the jurisdiction of this Nation by providential designs. Within that entire period they have been leading a provisional life and enjoying also a provisional political status by decree and design of the United States. Although the Congress of the United States has already declared the purpose of this Nation as to the future political status of the people of the Philippine Islands, it is very interesting to call the attention of this House to the fact that it seems humanitarian that while the announced purpose is not executed the Filipino people should enjoy equal treatment before the law. While American citizens can be freely employed in the ships of Philippine registry without any restriction, the Filipinos can not enjoy the same privilege as to ships of American registry.

The Filipinos owe allegiance to the United States Government and they are in duty bound to fight and die for the defense of her flag, which is now the only one floating over their country, and yet they can not serve the ships traveling in both oceans flying the very same flag. In other words, the Filipinos are denied the right to serve the American merchant marine flying the flag for which they are ready to fight and die.

I contend, Mr. Speaker, that considering all these circumstances and the situation in which the Filipinos are forced to live, it is high time that the Congress of the United States now take the necessary steps for the final solution of the Philippine problem in accordance with the terms laid down in the Jones Act.

Mr. RATHBONE. Mr. Speaker, will the gentleman yield? Mr. GUEVARA. Yes.

Mr. RATHBONE. Do I understand that the gentleman approves the conference report and the changes that were made in the bill after it left the House?

Mr. GUEVARA. I do not approve it, but I have no complaint to make.

Mr. CRAMTON. Mr. Speaker, will the gentleman yield for a question.

Mr. WHITE of Maine. Yes.

Mr. CRAMTON. I have been interested in the statement just made by the Commissioner from the Philippines, and am at a loss to understand the action of the conferees in striking out the Houston amendment as to service of Filipinos in our merchant marine. Would the gentleman from Maine give us an explanation of that action, in view of the statement of commissioners from the Philippines?

Mr. WHITE of Maine. Mr. Speaker, in response to the question, I make this brief statement. The question of this change in existing law was never suggested to the Merchant Marine Committee, was never considered by the committee, and, so far as I know, was never given serious consideration by any Member of the House until the amendment was presented upon the floor. We did not have adequate information before us upon which, as members of the conference committee we dared to predicate action. We had no knowledge, for instance, if this amendment were adopted, as to how many there might be who would be privileged to receive licenses as officers under United States law. There was no information before the conference committee and no information before the House as to how many there might be who would be privileged to receive certificates as able-bodied seamen under this amendment. In other words, it opened up a subject which went far beyond the immediate knowledge of any of those having responsibility with respect to the legislation. Then we felt this. The position that the conferees now have taken on the matter makes no change in the present law whatsoever, in no degree prejudiced the present situation and rights of Filipinos.

The subject is one which deserves consideration, and is one which I hope may be brought at some time to the attention of the committee and to the attention of the House again, so that we may consider it and act upon it as our judgment in the light of knowledge dictates.

Mr. CRAMTON. Am I wrong in my understanding that the section of the pending bill to which the House amendment was offered materially changed the status of Filipinos as to service in the merchant marine?

Mr. WHITE of Maine. Yes; the gentleman is wrong if that is his understanding. The provision to which the amendment was offered did not change in any respect the status with reference to aliens. It is very much a question to my mind whether the amendment was germane to the section to which it was offered.

Mr. CRAMTON. It is pretty late for that now.

Mr. WHITE of Maine. Yes. But that section simply provided that when used in this act the term "citizen" should in

clude a corporation only if it met the test of section 2 of the 1916 law; that a citizen under this act, if a corporation, must meet the test of what constitutes citizenship of a corporation under that section. This amendment of Mr. HOUSTON, as the gentleman will see, is entirely new matter which was not considered at all by the committee.

Mr. CRAMTON. I will not take time longer than to suggest this to the gentleman from Maine: I am not well informed as to all the aspects of the matter, but I do know, as do the conferees, that Filipinos have rendered heretofore, and do render, important military service in behalf of our flag; that they do serve in our merchant marine; and this amendment was to make it clear that they should continue to have that right. What has impressed me this morning I want to commend to the consideration of the gentleman from Maine.

I may say I am not one who is in a hurry to have Filipinos turned over to their own government, but I note that the Commissioner from the Philippines has been quick to seize upon this action of the conferees as something that he can carry back to his people to increase their desire for independence from our Government. I feel that the action of the conferees is a form of suggestion that ought to be corrected at a very early date. Mr. DAVIS. In the first place, I would like the gentleman from Michigan to hear what I have to say. This merchant marine bill under consideration grants very substantial aid to citizens of the United States in that such citizens are entitled to these loans, and they are entitled to mail contracts. Mr. CRAMTON. If the gentleman will permit-----

Mr. DAVIS. Let me make my statement. Then I will be glad to hear the gentleman. Consequently the term "citizen" not only applies to seamen but also owners and operators of vessels that are entitled to aid under this bill; and as we know, residents of some of our island possessions are not even Filipinos, and that provision would open the door wide. Further

more

Mr. CRAMTON. If the gentleman will permit a suggestion there

Mr. DAVIS. Furthermore, the provision now reported with respect to the citizenship of seamen merely requires an American citizenship of 50 per cent, and that leaves open entirely without any restriction whatever the citizenship of the other 50 per cent. If we required a 100 per cent personnel of Americans on our vessels, I think it would be nothing but proper and fair to have some provision that would admit the citizens of our island possessions. But when we are making as small a requirement of citizenship as we are, it would not be expedient to leave it open so that there might not be continental American citizens among our officers and seamen; and that provision opens up legislation in regard to our island possessions which in my opinion has no place in a bill of this kind, but should be handled and considered on its merits alone.

Mr. CRAMTON. If the gentleman from Tennessee will now permit an interruption, the intention of the Houston amendment, well understood here, was not to relate to the entire bill, but only to this matter of the 50 per cent limitation, to classify those Filipinos as Americans instead of foreigners. The conferees, if they felt the language of the Houston amendment was too uncertain and broad, had it entirely in their power, and I think they had full capacity, to modify the amendment so that it would not apply to our financing Filipinos, but only to their service in the merchant marine; and their failure to do so leaves it so that the bill classifies the Filipinos as aliens, whereas it ought to classify them as Americans. And our failure to classify them as Americans and our action in not classifying them as such is seized upon immediately by the astute political mind of the Commissioner from the Philippines as an argument to carry back to his people as a cause of discontent with our rule. We should not have been so unfortunate in our handling of the problem.

Mr. DAVIS. But already the Shipping Board, in manning our vessels, classifies the Filipinos as American citizens, as I understand. We have taken many of them into our Navy as

American citizens.

Mr. LAGUARDIA. I understand the provisions which some of us have been opposing here, including the steward's provision, has been eliminated?

Mr. WHITE of Maine. Yes. The modification insisted upon by the Senate conferees and to which your House conferees have agreed provides:

(1) That all licensed officers of vessels documented under the laws of the United States as now required by law shall be citizens of the United States; (2) that from and after the enactment of this act and for a period of four years upon each departure of a vessel employed in the ocean-mail service under this title, one-half of the crew shall be citizens of the United States; and (3) that thereafter twothirds of the crew shall be such citizens.

Mr. Speaker, I move the previous question on the conference

report.

The SPEAKER. The gentleman from Maine moves the previous question on the conference report.

The previous question was ordered.

The SPEAKER. The question is on agreeing to the conference report.

The conference report was agreed to.

DISABILITY OR DEATH RESULTING FROM INJURY TO EMPLOYEES IN CERTAIN EMPLOYMENTS IN THE DISTRICT OF COLUMBIA

Mr. UNDERHILL. Mr. Speaker, I ask unanimous consent for the present consideration of Senate bill 3565, to provide compensation for disability or death resulting from injury to employees in certain employments in the District of Columbia, and for other purposes.

The SPEAKER. The gentleman from Massachusetts asks unanimous consent for the present consideration of Senate bill 3565, which the Clerk will report.

The Clerk read the title of the bill.

The SPEAKER. The Chair understands the gentleman makes this request by authority of the committee?

Mr. UNDERHILL. Yes; by authority of the committee.
The SPEAKER. Is there objection to the present considera-

tion of the bill?

There was no objection.

The SPEAKER. The Clerk will report the bill.
The Clerk read the bill, as follows:

Be it enacted, etc., That the provisions of the act entitled " longshoremen's and harbor workers' compensation act," approved March 4, 1927, including all amendments that may hereafter be made thereto, shall apply in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, irrespective of the place where the injury or death occurs; except that in applying such provisions the term " employer" shall he held to mean every person carrying on any employment in the District of Columbia, and the term "employee" shall be held to mean every employee of any such person.

SEC. 2. This act shall not apply in respect to the injury or death of (1) a master or member of a crew of any vessel; (2) an employee of a common carrier by railroad when engaged in interstate or foreign commerce or commerce solely within the District of Columbia; (3) an employee subject to the provisions of the act entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended; and (4) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, occupation, or profession of the employer.

SEC. 3. This act shall take effect July 1, 1928.

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

H. R. 4600. A bill for the relief of Raphael Levy; H. R. 4601. A bill for the relief of A. L. Jacobs; H. R. 5492. A bill for the relief of Joske Bros. Co.; H. R. 5974. A bill for the relief of the Whitney Supply Co.; H. R. 5990. A bill for the relief of the Guamoco Mining Co.; H. R. 6183. A bill to reimburse W. B. Donelson for revenues wrongfully paid;

H. R. 6368. A bill authorizing the Treasurer of the United States to refund to the Farmers' Grain Co., of Omaha, Nebr., income taxes illegally paid to the United States Treasurer;

H. R. 6896. A bill for the relief of the Alaska Products Co; H. R. 7775. A bill for the relief of Sucs. de L. Villamil & Co., of San Juan, P. R.;

H. R. 8349. A bill for the relief of the Waupaca Golf Club for the payment of illegal taxes;

H. R. 9160. A bill for the relief of F. M. Rose;

H. R. 9303. A bill for the relief of Dent, Allcroft & Co.; A. J. Baker Co. (Inc.); Horwitz & Arbib (Inc.); and Richard Evans & Sons Co.;

H. R. 9540. A bill for the relief of M. Seller & Co.;

H. R. 9757. A bill for the relief of the Cherrington Hospital, Logan, Ohio;

H. R. 9812. A bill for the relief of Hattie Carnegie (Inc.); H. R. 10217. A bill authorizing the Court of Claims of the United States to hear and determine the claim of the Flaxman Paper Co.:

H. R. 11944. A bill for the relief of Louise Smith Hopkins, Ruth Smith Hopkins, and A. Otis Birch;

H. R. 12395. A bill for the relief of the Greenville News Co.; and

H. R. 13435. A bill for the relief of Carrie M. Haney.

I will say in explanation that these bills have been transferred from the Committee on Claims to the Committee on Ways and Means, but unanimous consent of the House has not been obtained as yet.

The SPEAKER. The gentleman from Massachusetts asks unanimous consent that the bills which he has enumerated be rereferred from the Committee on Claims to the Committee on Ways and Means. Is there objection? There was no objection.

REFUND OF CUSTOMS DUTIES OR INTERNAL-REVENUE TAXES The SPEAKER. The Clerk will report the following order: The Clerk read as follows:

That any other private claim bills in respect of the refund of customs duties or internal-revenue taxes now pending before the Committee on Ways and Means by direct reference and all such bills which may be so referred during the Seventieth Congress shall be considered as properly referred under clause 3 of Rule XXI.

The SPEAKER. Is there objection?

Mr. TILSON. What is the order, Mr. Speaker?

The SPEAKER. The order simply confers jurisdiction on

A motion to reconsider the vote by which the bill was passed the Committee on Ways and Means to consider bills relating to was laid on the table.

A similar House bill was laid on the table.

REFERENCE OF BILLS

Mr. UNDERHILL. Mr. Speaker, I ask unanimous consent that the following bills, in respect of the refund of customs

duties or internal revenue taxes, be rereferred from the Committee on Claims to the Committee on Ways and Means:

H. R. 812. A bill for the relief of Kratzer Carriage Co.; H. R. 973. A bill for the relief of estate of Katherine Heinrich (Charles Grieser and others, executors);

H. R. 1030. A bill for the relief of the Rochester Country Club, Rochester, Ind.;

H. R. 2411. A bill to pay the Pioneer Steamship Co. the sum of $3,100.50, money paid as duty for repairs in foreign ports; H. R. 2943. A bill for the relief of the African-American Importing Co. (Inc.), of New York City, N. Y.;

the refund of customs duties or internal-revenue taxes. Mr. LAGUARDIA. Is it a permanent rule?

The SPEAKER. No; during this Congress. Is there objection?

ject, may I ask the gentleman from Massachusetts whether the Mr. TREADWAY. Mr. Speaker, reserving the right to obchairman of the Committee on Ways and Means has been consulted about this matter?

Mr. UNDERHILL. This is the request of the chairman of the Committee on Ways and Means. The SPEAKER. Is there objection? There was no objection.

FIVE CIVILIZED TRIBES

M LEAVITT. Mr. Speaker, I ask unanimous consent that Senate Concurrent Resolution 19, to extend the period of restriction in lands of certain members of the Five Civilized

H. R. 3046. A bill for the relief of the Burt Wool & Leather Tribes, and for other purposes, may be taken from the Speaker's Co.;

H. R. 3459. A bill for relief of the Chico-Westwood-Susanville

Auto Stage Co., Chico, Calif.;

H. R. 3740. A bill for the relief of Homer J. Williamson;

H. R. 3945. A bill for the relief of Compere & Wyatt;

H. R. 3974. A bill for the relief of the estate of Alvin C. Laupheimer;

H. R. 4028. A bill for the relief of Lewis C. Hopkins & Co.; H. R. 4045. A bill for the relief of the Alaska Products Co.; H. R. 4097. A bill for the relief of the McGilvray-Raymond Granite Co.;

H. R. 4368. A bill for the relief of Claude Bell;

H. R. 4445. A bill to refund to Kramp & Gaskill income tax erroneously and illegally collected.

H. R. 4593. A bill for the relief of the Cudahy Packing Co.;

table and further action indefinitely postponed.

The SPEAKER. The gentleman from Montana asks unanimous consent that action on Senate Concurrent Resolution 19, be indefinitely postponed. The Clerk will report the resolution. The Clerk read the resolution as follows:

Resolved by the Senate (the House of Representatives 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." The SPEAKER. Is there objection? There was no objection.

AGRICULTURAL SURPLUS CONTROL BILL

Mr. TILSON. Mr. Speaker, before the gentleman from New York presents his resolution, I wish to say that the gentleman

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