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THOMAS J. KOFF

The bill (S. 1552) for the relief at Thomas J. Roff was announced Hs next in order. The bill had been reported from the Commit top on Claims adversely.

Mr. KINO. I move that the bill bo indefinitely postponed.

The VICE PRESIDENT. Without objection, the bill is indefinitely postponed.

BILLS AND JOINT RESOLUTION PASSED OVER

The bill (S. 2901) to amend the national prohibition act, as amended and supplemented, was announced as next in order.

Mr. PHIPPS. Let that bill go over.

The VICE PRESIDENT. The bill will be passed over.

The joint resolution (S. J. Res. 117) authorizing an Investigation and survey for a Niearaguan canal was announced as next in order.

Mr. LA FOLLETTE. I ask that the joint resolution go over.

The VICE PRESIDENT. The joint resolution will be passed over.

The bill (S. 2097) to provide for the protection of municipal watersheds within the national forests was announced as next in order.

Mr. UKATTON. Let that bill go over.

The VICE PRESIDENT. The bill will be passed over.

RESERVE DIVISION OF THE WAR DEPARTMENT

The bill (S. 3458) to create the reserve division of the War Department, and for other purposes, was announced as next in order.

Mr. LA FOLLETTE. Mr. President. I desire to ask the Senator from Pennsylvania (Mr. Reed] a question. The last time this measure came up the Senator stated that he had an amendment to propose which I understood him to say would eliminate citizens' military training camps and the Reserve Officers' Training Corps from the provisions of this bill.

Mr. REED of Pennsylvania. Mr. President, the National Guard and the Reserve Officers' Association have not yet been able to agree upon a recommendation in regard to this bill. So far as I am concerned, I stand for the bill as it came from the committee; but I am bound to say that the National Guard officers object to the bill as it stands.

Mr. LA FOLLETTE. As I understand, they would not object to the bill if the amendment which the Senator from Pennsylvania said he intended to propose were adopted.

Mr. REED of Pennsylvania. No. Frankly, I think they would be wise to allow the bill to go through with the elimination of the Reserve Officers' Training Corps and the citizens' military training camps, but they have not been willing to do that. The committee has reported the bill in the form in which it stands, and so I am not authorized to offer those amendments.

Mr. FLETCHER. Mr. President, I have been receiving a number of letters from National Guard officers protesting against the passage of the bill. Evidently there Is no agreement as yet about any amendment.

Mr. REED of Pennsylvania. No; and none of us wish to take sides between the National Guard and the reserve officers. I am very hopeful that they will work out an agreement, but nntil they do so, perhaps the Senate will want to reserve its judgment.

The VICE PRESIDENT. The bill will be passed over.

ASSISTANTS TO DISTRICT ENGINEER COMMISSIONER

The bill (S. 1624) to authorize the payment of additional compensation to the assistants to the engineer commissioner of the District of Columbia was announced as next in order.

Mr. KING. Over.

Mr. PHIPPS. Mr. President, may I ask the Senator to withhold his objection for a moment?

Mr. KING. Very well.

Mr. PHIPPS. I merely wish to say, for the information of the Senator who made the objection, that this would apply to two majors in the service who are assigned as assistants to the Engineer Commissioner of the District of Columbia. Those officers are exceedingly well equipped for the duties which they perform, and are practically indispensable in the matter of arranging about the paving and opening of streets and other municipal work.

Mr. ROBINSON of Arkansas. What is their present compensation?

Mr. PHIPPS. Their compensation at the present time is about $4,500.

Mr. CAPPER. It is $4,400.

Mr. ROBINSON of Arkansas. What increase Is proposed?

Mr. PHIPPS. This bill proposes to increase their compensation to $8,000.

Mr. KING. Mr. President, I wish to say to the Senator that I have given examination and some little thought to this bill. Of course, I appreciate the importance of the work of these officers, and it is not because of a lack of appreciation of the value of their services that I have interposed {he objection; but there is a principle involved which I think should be determined before we pass any more laws which permit officers of the Army, or of the Navy, for that matter, who are receiving the compensation provided by law to be assigned to other positions and receive additional compensation. It creates feeling and friction, and recriminations result. It may be that it is wise to permit officers to he employed in other branches of the service while they arc still holding their commissions in the Army and still receiving the benefits which appertain to their office and give to them additional compensation for work which they perform for the Government; but until we establish that as a policy I am opposed to the selection of a few and granting to them additional compensation. So I renew the objection.

The VICE PRESIDENT. The bill will be passed over.

SALARIES OF DISTRICT COMMISSIONERS

The bill (S. 1625) to fix the salaries of the members of the Board of Commissioners of the District of Columbia was announced as next in order.

Mr. KING. I ask that that bill go over.

The PRESIDING OFFICER. The bill will be passed over.

PRISON-MADE GOODS

Mr. HA WES. Mr. President, during my temporary absence from the Chamber, Order of Business 355, being the bill (S. 1940) to divest goods, wares, and merchandise manufactured, produced, or mined by convicts or prisoners of their interstate character in certain cases, was reached and objection was made. I should like to inquire where the objection came from.

Th<? VICE PRESIDENT. As the Chair recalls, the Senator from Colorado [Mr. Phipps] made objection to the consideration of the bill.

Mr. HAWES. Mr. President, I should like to ask unanimous consent that the bill be considered at this time.

Mr. BRUCE. Mr. President, I object. I ask that that bill go over. I am very sorry to have to make the objection, but I think there ought to be some explanation of the purposes of that bill.

Mr. HAWES. Mr. President, the best explanation I can give of the bill is that it has been very heartily approved by the Senator from Maryland. He voted for it in the committee.

Mr. BRUCE. Yes.

Mr. HAWES. He heard the full discussion and approved of the bill very heartily.

Mr. BRUCE. And the Senator from Maryland reserves the right to change his mind whenever additional arguments and facts are presented which may make him feel that he is justified in doing so. I may vote for this bill, but there are some points I desire to have cleared up about it, and until that can be done I ask that the bill go over.

Mr. PHIPPS. Mr. President, I objected to the consideration of the bill.

Mr. HAWES. I think I still have the floor; I did not lose it I think.

Mr. BRUCE. I object to the consideration of the bill, Mr. President, and ask that it go over.

Mr. HAWES. Mr. President, I ask the courtesy of the Senator from Maryland to proceed for not more than five minutes.

The VICE PRESIDENT. Is there objection to the Senator from Missouri proceeding for not more than five minutes?

Mr. BRUCE. Mr. President, I really think after the reference the Senator made to me a few moments ago that he is hardly in a position to appeal to my sense of courtesy. At the same time, I am very placable, and while I may be quick to resent injuries at times, I am also very quick to forgive them, and I will be glnd, so far as I am concerned, if the Senator may have five minutes.

The VICE PRESIDENT. The Senator from Missouri is recognized for five minutes.

Mr. HAWES. Mr. President, this bill was presented to the Interstate Commerce Committee of the Senate in January. Thirty days' notice of a hearing was given; extensive hearings were held on the 7th day of February; additional hearings were held on the 17th of February, and the bill was reported to the Senate by the committee on the 28th day of February without opposition. On yesterday the House passed a similar bill by fl vote of 304 to 40.

The bill is supported by the American Federation of Labor, it is supported by the independent manufacturers, and It Is supported by the Federation of Woman's Clubs. It is the only bill, Mr. President, in which union labor has any interest that has a possible chance of passing Congress at this session, and I can not understand why the Senator from Maryland, who voted for the bill in the committee, should object to its consideration now.

May I ask'thc Senator from Colorado on what he bases his objection?

Mr. BRUCE. Mr. President, if I may interrupt the Senator for a moment, with his permission, in the flrst place, some constitutional objections to the validity of this billvhave been presented to me which were not brought to my attention at that time when the bill was under consideration by the committee. As I have said, I may vote for this bill; my prepossessions have been in favor of the bill from the beginning; but I c» desire an opportunity to consider not only certain constitutional objections but other objections which have been urged upon me since I he bill was in the committee. Surely there is nothing very unreasonable about that. I should like to gratify the Senator, if it were not for the circumstances I have stated.

Mr. HAWES. Mr. President, will the Senator from Colorado tell me if his objections to the bill are fundamental?

Mr. PHIPI'S. I should like to ask the Senator from Missouri If it is not the purpose of the bill to prevent or at least to restrict the shipment of prison-made goods from one State into another State?

Mr. HAWES. No, sir.

Mr. PHIPPS. That is my understanding of the bill.

Mr. HAWES. No, sir; the bill provides—but 1 am afraid I can not enter into a discussion of it now.

Mr. PHIPPS. May I ask the Senator to permit me to give the bill a little further study. I may have been misinformed or I may riot have studied it as carefully as I should. If the bill shall go over, I will be glad to look into it further.

Mr. HAWES. I am sure if the Senator will look into it he will approve of it. as the Senator from Maryland approved of it in the committee.

SALARIES OF COM MISSIONERS OF THE DISTRICT OF COLUMBIA

Mr. COPELAND. Mr. President, when order of business 7!)7, being Senate bill 1625, was reached, some Senator made objection. I wish he would withhold his objection for a moment. The bill relates to the salaries of the Commissioners of the District of Columbia. The bill did not originate with the commissioners; it originated with the civic and business organizations of the city, and I am sure that if Senators will give thought to the matter they will realize that it is not possible for a full-time commissioner to live decently in the city of Washington on a salary of $7.500. The purpose of this bill •

Mr. JOHNSON. May I inquire what the salary is?

Mr. COl'ELAND. Seven thousand live hundred dollars.

Mr. JOHNSON. Let us concern ourselves with some $1,200 people first. I Manifestations of applause in the galleries.!

The VICE PRESIDENT. The occupant* of the galleries will be in order.

Mr. COPELAND. Mr. President, I am in the fullest accord with the Senator in desiring to take care of the $1,200 employees and every other underpaid employee.

The VICE PRESIDENT. Objection is made. The bill will be passed over.

Mr. FESS. Mr. President, a parliamentary inquiry.

The VICE PRESIDENT. The Senator will state It.

Mr. FESS. When a bill is objected to, and the regular order is called for, is debate in order?

The VICE PRESIDENT. Debate is not in order, unless some Senator has the floor.

Mr. FESS. I am making the parliamentary inquiry in the interest of expedition to-night. If an objection is made, and then the regular order is called for, is debate in order?

The VICE PRESIDENT. Debate is not in order.

The Secretary will state the next bill on the calendar.

BILL PASSED OVER

The bill (S. 1945) to amend the 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, 191G, and for other purposes, was announced as next in order.

Mr. METCALF. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

CURE FOR CANCER

The bill (S. 3534) to authorize the Public Health Sen-ice and the National Academy of Sciences to investigate I he means and methods for affording Federal aid In discovering a cure for cancel-, anil for other purposes, was announced as next in order

Mr. KING. Let that go over.

Mr. NEELY. Mr. President, the Senator from Utah [Mr. Smoot] has informed me that he objects to this bill. But he and I have agreed upon certain amendments which I shall at the proper time propose, and the adoption of which will in my opinion make the bill acceptable to him.

I now give notice that I shall address the Senate to-morrow as soon as I can obtain recognitfon on the subject: "Cancer, humanity's most deadly scourge."

The VICE PRESIDENT. The bill will be passed over.

BILL PASSED OVER

The bill (S. 1718) to authorize the President to detail engineers of the Bureau of labile Roads of the Department of Agriculture to assist the Governments of the Latin American Republics in highway matters was announced as next in order.

Mr. McKKLLAR. Let that go over.

Mr. PHIPPS. Mr. President, this bill went over once before on an objection that was charged to me, I think by mistake. I should like to ask the Senator if he will withhold'his objection for a few minutes?

Mr. McKELLAR. I think we had better legislate about American roads first. Somebody objected to the roud bill Senate bill 1945.

Mr. PHIPPS. I do not want to waste the time of the Senate Mr. President.

MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES

The bill (S. 1294) to suppress unfair and fraudulent practices in the marketing of perishable agricultural commodities in interstate and foreign commerce, was considered as in Committee of the Whole.

Mr. BORAH. Mr. President, before any Senator objects to the consideration of this bill I desire to perfect the bill by offering an amendment.

I will say, in explanation of the amendment, that there has been an effort upon the part of those interested on both sides of the controversy to agree upon amendments. 1 have incorporated all of those amendments in one amendment, and have offered it as a substitute for the original bill. The amendment is satisfactory to everyone, as I understand, except the author; but, as I said, being unable to secure anything more. I desire to offer this amendment for the purpose of perfecting the bill.

The VICE PRESIDENT. The amendment, in the nature of a substitute, will be stated.

The Chief Clerk. As a substitute amendment, the Senator from Idaho offers the following:

Strike out all after the enacting clause and insert the following:

"(1) The term 'person* includes Individuals, partnerships, corporations, and associations;

"(2) The term 'Secretary' means the Secretary of Agriculture;

"(!!) The term 'interstate or foreign commerce' means commerce between any State or Territory, or the District of Columbia and any place outside thereof; or between points within the same Stale or Territory, or the District of Columbia but through any place outside thereof; or within any Territory or the District of Columbia;

"(4) The term 'perishable agricultural commodity1 means fresh fruits and fresh vegetables of every kind and character;

"(">) The term 'commission merchant' means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale, on commission, or for or on behalf of another;

"(6) The term 'dealer' means any person engaged in the business of buying or selling, other than nt retail, any perishable agricultural commodity In interstate or foreign commerce: Provided, That this act shall not apply to producers selling products of their own raising in loss than carload quantities, or to retailers buying In less than carload quantities, but does include producers selling and retailers buying any such commodity in such commerce in carload quantities or the equivalent thereof;

'(~) The term 'broker' means any person engaged In the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively.

"application To Cooperative Associations

'Sec. 2. This act shall not apply to any agricultural cooperative association in its dealings with its members. "Unfair Conduct

'Skc. 3. It shall be unlawful—

'(1) For any commission merchant or broker to make any fraudulent charge in respect of any perishable agricultural commodity received in "terstate or foreign commerce;

"(2) For any dealer to reject or fall to deliver in accordance with the terms of the contract without reasonable cause any perishable agricultural commodity bought or sold or contracted to be bought or gold in interstJte or foreign commerce by such dealer;

"(3) For any commission merchant to discard, dump, or destroy without reasonable cause any perishable agricultural commodity received by such commission merchant in Interstate or foreign commerce;

"(4) I'm' any commission merchant, dealer, or broker to make, for a fraudulent purpose, any false or misleading statement concerning the condition, quality, quantity, or disposition of, or the condition of the market for, any perishable agricultural commodity which is received in interstate or foreign commerce by such commission merchant, or bought or sold or contracted to be bought or sold in such commerce by such dealer; or the purchase or sale of which In such commerce is negotiated by such broker; or to fail or refuse trnly and correct^ to account promptly in respect of any such transaction In any such commodity to the person with whom such transaction is had.

"Ljcbnsss

"Sec. 4. (a) After the expiration of six months after the approval of this act no person shall at any time carry on the business of a commission merchant, dealer, or broker without a license valid and effective at such time. Any person who violates any provision of this subdivision shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil suit brought by the Uuit< d States.

"(b) Any person desiring any such license shall make application to th*> Secretary. The Secretary may by regulation prescribe the infonnuntion to be contained in such application. Upon the filing of the application, and annually thereafter, the applicant shall pay a fee of $10.

"Sec. 5. (a) Whenever an applicant has paid the prescribed fee the Secretary, except as provided in subdivision (b) of this section, shall issue to such applicant a license, which shall entitle the licensee to do business as a commission merchant and/or dealer and/or broker unless and until it is suspended or revoked by the Secretary in accordance with the provisions of this act. but said license shall automatically terminate unless the annual fee is paid within 30 days after notice has been mailed that payment Is due.

"(b) The Secretary may refuse to issue a license to an applicant If after notice and hearing he Is of the opinion (1) that the applicant has previously been responsible in whole or in part for any violation of the provisions of section 3 for which a license of the applicant, or the license of any partnership, association, or corporation in which the applicant held any office or had any share or interest, was revoked, or (2) in case the applicant is a partnership, association, or corporation, that any individual holding any office or having any substantial interest or share fn the applicant has previously been responsible in whole or in part for any violation of the provisions of section 3 for which the license of such individual, or of any partnership, association, or corporation in which such person held any office, or had any share or interest, was revoked.

'•(c) The Secretary shall require that each licensee display on bis stationery his license number.

"LIABILITY TO PERSON DAMAGED

"Sbc. 6. (a) If any commission merchant, dealer, or broker violates any provision of section 3 he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation.

"(b) Such liability may be enforced either (1) by complaint to the Secretary as hereinafter provided, or (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and the provisions of this act are in addition to such remedies.

"COMPLAINT AND INVESTIGATION

"Sec. 7. (a) Any person complaining of any violation of any provision of section 3 by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if. In the opinion of the Secretary, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary.

"(b) Any officer or agency of any State or Territory, having jurisdiction over commission merchants, dealers, or brokers in such State or Territory, and any employee of the United States Department of Agriculture or any Interested person, may file, in accordance with rules and regulations of the Secretary, a complaint of any violation of any provision of section 3 by any commission merchant, dealer, or broker, and may request an investigation of such complaint by the Secretary.

"(c) If there appears to be, In the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall Investigate such complaint; and may. If in his opinion the facts warrant such action, have said complaint served by registered mall or otherwise on the person concerned and afford such person an opportunity for a hearing thereon.

"(d) After an opportunity for a hearing on a complaint, the Secretary shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 3.

"SUSPENSION AND KEVOCATION OP LICENSE

"Sec. 8. Whenever the Secretary determines, as provided In section 7, that any commission merchant, dealer, or broker has violated any of the provisions of section 3—

"(1) If such violation Is the first violation the Secretary shall reprimand the offender and may also publish the facts and circumstances of such violation and/or suspend the license of the offender for a period not to exceed 10 days; or

"(2) If such violation is not the first violation, the Secretary may publish the facts and circumstances of such violation and/or suspend the license of such offender for a period not to exceed 90 days, except that if the violation is a flagrant and repeated violation of such provisions, the Secretary may revoke the license of the offender.

"ACCOUNTS AND RECORDS

"sbc. 9. Every commission merchant, dealer, and broker shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise; and if such accounts', records, and memoranda are not Bo kept after the time prescribed by the Secretary, the person concerned shall be liable for a penalty of $500, which shall be recovered by civil action in the name of the United States in the circuit or district court holden within the district where the violation may have been committed or the person resides or carries on business.

"effectivb Date And Finality Op Order

"Sec. 10. (a) Any order of the Secretary under this act other than an order for the payment of money shall take effect within such reasonable time, not less thun 10 days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, accordingly as It is prescribed in the order, unless such order is suspended, modified, or set aside by the Secretary or is suspended or set aside by a court of competent jurisdiction. Any such order, of the Secretary, if regularly made, shall be final unless before the date prescribed for Its taking effect application Is made to a court of competent jurisdiction by the commission merchant, dealer, or broker against whom such order Is directed to have such order set aside or Its enforcement, operation, or execution suspended or restrained.

"(b) If any commission merchant, dealer, or broker does not comply with an order for the payment of money within the time limit In such order, the complainant, or any person for whose benefit such order was made, may within one year of the date of the order file in the district court of the United States for the district in which he resides or in which is located the principal place of business of the commission merchant, dealer, or broker, or In any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secretary in the premises. Such suit in the district court shall proceed In all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs in the district court nor for costs at any subsequent state of the proceedings unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

"Injdnctions

"Sec. 11. For the purposes of thfa act the provisions of all laws relating to the suspending or restraining of the enforcement, operation, or execution, or the setting aside In whole or In part of the orders of the Interstate Commerce Commission are made applicable to orders of the Secretary under this act and to any person subject to the provisions of this act.

"GENERAL PROVISIONS

"Sec. 12. The Secretary may report any violation of this act for which a civil or criminal forfeiture or penalty Is provided to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. The costs and expenses of such proceedings shall be paid out of the appropriation foi the expenses of the courts of the United States.

"Sec. 13. For the efficient execution of the provisions of this act, the provisions (Including penalties) of section 9 of the act entitled 'An net to create a Federal Trade Commission, to define its powers and duties, and for other purposes,' approved September 20, 1914, arc made applicable to the jurisdiction, powers, and duties of the Secretary lu enforcing the provisions of this act and to any person subject to the provisions of this act, whether or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any Inquiry or Investigation necessary to his duties under this act In any part of the United States.

"Sbc. 14. The Secretary may make such rules, regulations, and orders, Including reparation in appropriate cases as may be necessary. and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers uud employees not In conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, nnd other supplies nnd expenses as shall be necessary to the administration of this act In the District of Columbia and elsewhere, and as may be appropriated for by Congress; and there Is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. This act shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this act; but It Is intended that all such statutes shall remain in full force and effect except In so far only as they are inconsistent herewith or repugnant hereto.

"Sbc. 15. In construing and enforcing the provisions of this act the act, omission, or failure of any agent, officer, or other person acting for or employed by any commission merchant, dealer, or broker, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure of such commission merchant, dealer, or broker as that of such agent, officer, or other person.

"SHOBT TITLE

"Sec. 18. This act may be cited as the 'Fresh fruit and vegetable licensing act.'"

Mr. KINfe. Mr. President, I object to this bill. It Is a very important one. I shall be glad to take it up a litlle later.

Mr. BORAH. I am not asking to take up the bill to-night. I am simply asking that the substitute be accepted, and then that the bill may go over.

Mr. KING. I have no objection to that.

Mr. COPELAND. Mr. President, I have no objection to the adoption of the substitute, in order that it may be printed; but, as the Senator from Idaho knows, I have some objections to certain provisions of the bill. I understand that the Senator from Utah has objected to the consideration of the bill anyhow.

Mr. BOIIAII. I did not understand that the Senator from Utah had objected to acting upon the amendment.

Mr. KING. No.

Mr. FLETCHER. The Senator now offers the amendment in the nature of a substitute, and then the matter will go over.

The VICE PRESIDENT. Without objection, the amendment in the nature of a substitute, will be agreed to; ami the bill will be passed over.

BILLS PASSED OVER

The bill (S. 1762) granting consent to the city and county of San Francisco, State of California, its successors and assigns, to construct, maintain, nnd operate a bridge across the Bay of San Francisco from Rincon Hill to a point near the South Mole of San Antonio Estuary, in the county of Alameda, in said State, was announced as next in order.

Mr. METCALF. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (H. R. 391) to regulate the use of the Capitol Building find Grounds was announced as next in order.

Mr. BLAINE. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (S. 2475) to create a prosperity reserve and to stabilize industry and employment by the expansion of public works during periods of unemployment and industrial depression, was announced as next in order.

Mr. KING. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (H. 11. 11074) to promote the agriculture of the United States by expanding in the foreign field the service now rendered by the United States Department of Agriculture tn acquiring and diffusing useful information regarding agriculture, and for other purposes, was announced as next in order.

Mr. KING. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

EMPLOYMENT OF MINORS WITHIN THE DISTRICT OP COLUMBIA

The bill (H. R. 6685) to regulate the employment of minors within the District of Columbia, was announced as next in order.

Mr. BRATTON. Let that go over.

Mr. COI'ELAND. Mr. President, did some one object to the consideration of this bill?

Mr. BRATTON. The Senator from Delaware [Mr. Bayahd] was unavoidably detained from the Chamber to-night, and requested me to object on his behalf.

Mr. COPELAND. To House bill 6685?

Mr. BRATTON. Yes. The objection that I made was on his behalf solely.

Mr. CAPPER. Mr. President, I understand that objection has been raised to the consideration of House bill 6685.

Mr. BRATTON. Yes; an objection was made at the request of the Senator from Delaware [Mr. Bayard], who is unavoidably detained from the Chamber. It was made solely on his behalf. Personally, I have no objection to the bill.

Mr. CAPPER. I have been trying for more than a month to get action on this bill. There is a unanimous demand for jt from the District of Columbia. The labor organizations, the citizens' associations, the civic associations are all asking for the passage of this bill. We have had no legislation on child labor in the District of Columbia for over 20 years,

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

Mr. CAPPER. Yes.

Mr. COPELAND. I may say to the Senator that I have every reason to believe that to-morrow night we can pass this bill. The Senator from New Mexico [Mr. Bbatton] is under obligation to interpose the objection because the Senator from Delaware [Mr. Bayard] is absent; but I have talked with the junior Senator from Utah [Mr. King] and with others who have been in opposition to the bill, and I have every reason to believe that if the Senator will le>t it go over until to-morrow night we can pass the bill at that time.

Mr. CAPPER. With that understanding, I will not press the matter to-night.

REARRANGEMENT, ETC., OF SENATE WINQ OF THE CAPITOL

The bill (S. 814) to rearrange and reconstruct the Senate wing of the Capitol was announced as next in order.

Mr. COPELAND. Mr. President, I ask that this bill be indefinitely postponed. I am happy to say that provision has been made for rearranging and reconstructing the Chamlier, so that this bill is no longer necessary.

The VICE PRESIDENT. Without objection, the bill will be indefinitely postponed.

BILLS PASSED OVEK

The bill (S. 3080) to increase the efficiency of the Military Establishment, and for other purposes, was announced as next in order.

Mr. REED of Pennsylvania. I ask that that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (S. 2274) for the relief of William H. Chambliss was announced as next in order.

Mr. KING. Mr. President, I have asked the State Department and also the Shipping Board for certain information with regard to this bill. As soon as that is obtained I shall not interpose an objection to its consideration; but for the present I do object.

The VICE PRESIDENT. The bill will be passed over.

The bill (S. 4174) to establish a woman's bureau in the Metropolitan police department of the District of Columbia, and for other purposes, was announced as next in order.

Mr. KING. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (S. 1749.) providing for the development of hydroelectric energy at Great Falls for the benefit of the United States Government and the District of Columbia was announced as next in order.

Mr. KING. Let that, go over. I do not mean by that that I have any objection; but there are some amendments, and the measure is one of considerable importance, and could not be discussed under the fivtMninute rule.

The VICE PRESIDENT. The bill will be passed over.

EDWARD A. BLAIR

The bill (S. 1633) for the relief of Edward A. Blair was considered as in Commute of the Whole and was read, as follows:

Be it enacted, etc., That the President is authorized to appoint Edward A. Blair a second lieutenant of the United States Marine Corps and to retire him and place him upon the retired list of the Marine Corps with the retired pay nnd emoluments of that grade.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the tbird time, and passed.

BILL PASSED OVER

The bill (S. 3874) authorizing appropriations of funds for construction of a highway from Red Lodge, Mont., to the boundary of the Yellowstone National Park near Cooke City, Mont, was announced as next in order.

Mr. PHIPPS, Let that go over.

The yiCE PRESIDENT. The bill will be passed over.

CONSTRUCTION AT MILITARY POSTS

The bill (H. R. 11134) to authorize appropriations for construction at military posts, and for other purposes, was announced as next in orderf

Mr. REED of Pennsylvania. Mr. President, before objection is made to the consideration of this bill, I should like to explain that it is the necessary usual authorization which must be made in order that next year's Budget shall take account of the proper housing of the enlisted and noncommissioned personnel of the Army, and take account of the increase in the Air Corps which the Congress has already authorized. Every item in the bill, as reported by the committee, meets with the approval of the Budget. Most of the items have to be met out of sales of surplus real estate of the War Department.

There is nothing unusual in the bill excepting the action of our committee in striking out the authorization for Scott Field, III., which would authorize the Army to continue in the lighterthan-air experimentation. The committee is not in favor of that expenditure, and therefore amended the House bill so as to strike that out. In every other respect the bill meets with the approval of the department and of the Budget.

Mr. PHIPPS. Mr. President, may I ask the Senator if that amendment and the amendment on the bottom of page .'t have been adopted?

Mr. REED of Pennsylvania. I do not believe that any amendments have been adopted.

Mr. PHIPPS. I would suggest the adoption of the amendments. The Senator need not anticipate objection to the bill.

Mr. DENEEN. Mr. President. I object.

Mr. REED of Pennsylvania. 1 hope the Senator from Illinois wili not object.

Mr. DENEEN. There is a difference of opinion about Scott Field. We would like to have that matter further considered.

Mr. REED of Pennsylvania. We can discuss that by it.self; but if the Senator objects to the consideration of this bill it means that all progress in housing of the Army has to go over for another year.

Mr. DENEEN. We will be able to take it up to-morrow night and discuss it more in detail at that time.

The- VICE PRESIDENT. Objection being made, the bill will be passed over.

Mr. FLETCHER. One minute, please. The Senator realizes that if the committee amendment eliminating Scott Field is adopted the matter will go to conference, and there is a chance to have it adjusted there.

Mr. LA FOLLETTE. I call for the regular order.

Mr. FLETCHER. I do not think the Senator will get the bill passed with Scott Field in it. It will go to conference, if the amendment is adopted, with the effect that I have stated. It is a very important bill, and we ought to act on it. 1C is a matter that covers the entire country.

Mr. LA FOLLETTE. I ask for the regular order.

Mr. REED of Pennsylvania. Mr. President, will the Senator bear with us for a minute? I simply want to carry on what the Senator from Florida started to say. If the bill is passed in the form in which it is rejwrted out, the amendment

Mr. LA FOLLETTE. Mr. President, a parliamentary inquiry. Has not an objection been interposed to the consideration of this bill?

The VICE PRESIDENT. It has. The regular order is demanded.

Mr. REED of Pennsylvania. Mr. President, speaking on the next bill, I want to say that no greater injury can be done to the Army of the United States than to prevent the authorization of these new buildings, nor can any greater injury be done to American labor than to pi-event their opportunity for carrying these contracts into effect.

Mr. LA FOLLETTE. I call for the regular order.

The VICE PRESIDENT. The bill will be passed over.

BILLS PASSED OVEB

The bill (S. 4179) to amend the corrupt practices act by extending the same to candidates for nomination and election to the offices of Representative and Senator in the Congress of the United States, and for other purposes, was announced as next in order.

Mr. ODDIE. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

Mr. COPELAND subsequently said: Mr. President, what became of Senate bill 4179, to amend the corrupt practices act?

The VICE PRESIDENT. It was objected to.

Mr. COPELAND. I hope the Senator from Tennessee [Mr. Mc.kellar] will follow up that matter, so that we can have a vote on it.

Mr. MrKELLAR. Mr. President, was there an objection to Senate bill 4179?

The VICE PRESIDENT. There was.

Mr. McKELLAR. Who objected to the consideration of the bill?

Mr. ODDIE. I objected. I desire an opportunity to study the bill further.

The bill (S. 20G9) to extend the provisions of section 1814 of the Revised Statutes to the Territories of Hawaii and Alaska was announced as next in order.

Mr. KING. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

The bill (S. 3770) authorizing the Federal Power Commission to issaie permits and licenses on Fort Apache and White Mountain Indian Reservations, Ariz., was announced as next in order.

Mr. PHIPPS. I^et that go over.

The VICE PRESIDENT. The bill will be passed over.

Tlie bill (S. 233U) authorizing reconstruction and improvement of a public road in Wind River Indian Reservation, Wyo., was announced as next in order.

Air. WHEELKR. Let that go over.

The VICE PRESIDENT. The bill will be passed over.

MIC HEAL II.ITZ

The bill (H. R. f!H08) for the relief of Mlcheal Ilitz was considered as in Ciimmitti-e of the Whole.

The VICE PRESIDENT. The amendment reported by the Committee on Military Affairs has heretofore been agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

The amendment was ordered to be engrossed and (he bill to be read a third time.

The bill was read the third time and passed.

HAKL1E O. HACKER

The bill (S. 3090) to correct the military record of Harlie O. Hacker was considered as in Committee of the Whole.

Mr. KING. Mr. President, may I have the attention of the Senator from Wisconsin? Is this a case of a person seeking to have a charge of desertion removed in order that he may obtain a pension?

Mr. BLAINE. Mr. President. I will say that the records of the War Department show, I think conclusively, that the person seeking the relief was at the lime he was charged with desertion mentally incapable of exercising any choice. In other words, the department reix>rte that he was a constitutional psychopath, an inadequate personality, and that condition arose iii the line of dirty. Therefore his desertion wns such as not to be held against him.

The bill had be-.>n reported from the Committee on Military Affairs with amendments, on page 1, line 5, to strike out "Harley" and insert "Harlie "; on line 6. to strike out '• Infantry" and insert "Tank P.attalion ": and on line 9, to strike out "company" and insert "battalion," so as to make the bill read:

Be it enacted, rf., That In the administration of any laws conferring rights, privileges, nnd bcneDts upon honorably discharged soldiers. Ilarlle O. Hacker. Inte of Company B. Sixteenth Tank Battalion, United States Army, shall hereafter he held and considered to have been discharged hoyorahly from the military service of the United Stales as a member of said battullon and regiment on the 7th day of May. 102:tProvided, That no bounty, pay, or allowance shall accrue by virtue of the passage of this act.

The amendments were agreed to.

The bill was reported to the Senate as amended, and the amendments were concurred in.

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

The title was amended so as to read: "A bill for the relief of Harlie O. Hacker."

TAX REDUCTION

The bill (H. R. 1) to reduce and equalize taxation, provide revenue, and for other purposes, was announced as next in order.

The VICE PRESIDENT. The bill will be passed over.

PAT OF OFFICERS IN THE REGULAR ABMY

The bill (S. 3569) to equalize the pay of certain classes of officers of the Regular Army was announced as next in order.

Mr. KING. Mr. President, I would like to have the Senator from Texas [Mr. Sueppabd], who reported this bill, make an explanation of it.

Mr. SHEPPARD. Mr. President, the Army base pay bill of 1922 established the principle of one increase in pay for every

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