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and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Secretary of War.

aviators who made the first round-the-world flight, covering a distance of some 28,000 miles. On the merits of the proposition, let me say that at the time these four Army flyers accom

The bill was ordered to be engrossed and read a third time, plished this extraordinary feat, we did not have the distinwas read the third time, and passed.

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

RECOGNIZING AVIATION ACCOMPLISHMENTS

Mr. MORIN. Mr. Speaker, I call up the bill (S. 4235) to amend section 12 of the act entitled "An act to provide more effectively for the national defense by increasing the efficiency of the Air Corps of the Army of the United States, and for other purposes,” approved July 2, 1926, on the Union Calendar, and ask unanimous consent that it be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up the bill S. 4235, on the Union Calendar, and asks unanimous consent that it be considered in the House as in Committee of the Whole. The Clerk will report the title of the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That section 12 of the act approved July 2, 1926, entitled "An act to provide more effectively for the national defense by increasing the efficiency of the Air Corps of the Army of the United States, and for other purposes," be, and the same is hereby, amended by inserting after the words "in an aerial flight the following: "and to citizens of foreign countries, visitors to the United States, who have distinguished themselves by extraordinary achievement in an aerial flight or flights made at least in part within the bounds of the United States or its possessions."

With the following committee amendment:

After line 2, page 2, insert the following as a new section:

SEC. 2. That the first paragraph of section 127a of the national defense act, as amended and approved June 4, 1920, is hereby amended to read as follows:

SEC. 127a. Miscellaneous provisions: Hereafter no detail, rating, or assignment of an officer shall carry advanced rank, except as otherwise specifically provided herein: Provided, That in lieu of the 50 per cent increase of pay provided for in this act any officer who has heretofore been announced in War Department orders as having qualified on or before December 31, 1913, as a military aviator or any officer upon whom the rating of military aviator has heretofore been conferred for having specially distinguished himself in time of war in active operations against the enemy, shall, while on duty which requires him to participate regularly and frequently in aerial flights, receive the pay, allowances, and additional pay as provided by the act of June 3, 1916, and the act of July 24, 1917, for the rating of military aviator. At any time after the passage of this act any officer who has heretofore been announced in War Department orders as having qualified as a military aviator on or before December 31, 1913, shall, if he make application therefor to the President, be retired from active service and be placed upon the retired list. The retired pay of any officer who has heretofore been announced in War Department orders as having qualified as a military aviator on or before December 31, 1913, shall be 75 per cent of all the pay and allowances, including flying pay, of the grade in which he is retired. extra pay or allowances shall accrue under the provisions of this section for services rendered prior to the passage thereof.'"

No

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Page 3, line 7, after the period add a new section to be known as section 3, to read as follows:

SEC. 3. That the President be, and he is hereby, authorized to present the distinguished-flying cross to Lieuts. Lowell H. Smith, Leslie P. Arnold, E. II. Nelson, and John Harding, jr., of the United States Army, in recognition of their extraordinary achievement in making the first round-the-world flight by airplane, covering a distance of approximately 28,000 miles."

Mr. GARNER of Texas. Mr. Speaker, I reserve a point of order against the amendment. Has any consideration been given this matter by the committee?

Mr. HILL of Alabama. No. Let me say this on the point of order. The committee has brought in an amendment to amend the title so as to read:

An act for recognizing aviation accomplishments.

If this be an act for recognizing aviation accomplishments, it certainly is in order to offer an amendment to the act which would confer the distinguished-flying cross on the four Army

guished-flying cross. These four aviators accomplished this great feat in 1924. It was not until the passage of the Air Corps act in March, 1926, that we brought into being the distinguished-flying cross. These flyers were given other recognition. As I recall, they were tendered the thanks of Congress, but they did not get the distinguished-flying cross because it was not in existence at the time.

Mr. GARNER of Texas. Does the 1926 act authorize the President of the United States to bestow the distinguished-flying cross at his discretion?

Mr. HILL of Alabama. No; there is a limitation, and, as I understand it, that limitation limits the President's authority to conferring the cross on men who are now in the Army. Some of these flyers have left the Army.

Mr. GARNER of Texas. Mr. Speaker, I withdraw the point of order.

Mr. CHINDBLOM. Mr. Speaker, permit me to suggest to the gentleman from Alabama that the name of one of the aviators be stated in full-Eric H. Nelson,

Mr. HILL of Alabama.

I have no objection to that.

Mr. CHINDBLOM. I think the first name should be stated. It is stated in the other cases.

Mr. HILL of Alabama. Mr. Speaker, I ask unanimous consent to amend my amendment by striking out the letter "E." and inserting in place of it the word "Eric," so that it will read Eric H. Nelson."

The SPEAKER. Is there objection?
There was no objection.

Mr. WAINWRIGHT. Mr. Speaker, will the gentleman yield?
Mr. HILL of Alabama. Yes.

Mr. WAINWRIGHT. May I ask the gentleman whether Lieutenants Maitland and Hegenberger have had the distinguishedflying cross bestowed upon them for their great flight to Hawaii? Mr. HILL of Alabama. I-do not know; but under the present law the President of the United States has the authority to confer the cross on these two flyers. I think it has been bestowed, but I would not say for sure. These flyers are still in the service, and in my judgment should have the cross. Mr. WAINWRIGHT. If it has not been done, it is eminently

Absolutely.

fit that it should be done. Mr. HILL of Alabama. Mr. REECE. What does the gentleman think about the propriety of also authorizing the distinguished-flying cross to be awarded to the World War aces?

Mr. HILL of Alabama. I think we ought to take that matter up as a separate proposition. Speaking of the World War aces, I do not know offhand how many we have, and I doubt if the gentleman himself could name them here this afternoon. I hope the gentleman will not inject that into this bill at this time. Mr. REECE.

I shall probably not press the suggestion, but

we seem to be giving a great deal of attention to the bestowal of decorations and honors on those who have distinguished themselves in peace-time aviation. It has reached a point where I am much impressed with the fact that we did very little to honor men who distinguished themselves and added glory to their country during the World War, and we are now precluded from honoring those great flyers. We had as great flyers during the war as we have now. Their achievements were just as wonderful as those that have been made by peace-time flyers, and I regret that some of these honors can not be bestowed upon them. For instance, there is Eddie Rickenbacker, our ace of aces, for whom we have done but little and who deserves any honor which may be in our power to give. There can be no more daring flight, flights that are comparable with those war-time flights, that have been made in peace time.

Mr. HILL of Alabama. I will say to the gentleman that I will do everything I can to secure recognition for those flyers. Mr. GARNER of Texas. Mr. Speaker, I reserved a point of order for the purpose of calling attention to the fact that we are here this afternoon with very few Members present, and are passing these bills by unanimous consent, and whenever you begin to enlarge the scope of these bills without their having had committee consideration we are very likely to pass some amendments that might not be entirely acceptable to the membership of the House. I will not make the point of order, but I suggest to the gentleman from Pennsylvania [Mr. MORIN], ir view of the fact that we are passing these bills virtually by unanimous consent, that he ought not to call up any that will provoke controversy. At the proper time I want to see all of our brave flyers properly rewarded.

Mr. KETCHAM. How does it happen that Lieut. Leigh Wade, who, if I have the matter correctly in mind, was a member of this very party, is omitted from this list?

Mr. HILL of Alabama. This is the list of those who started out on the flight and finished it.

Mr. KETCHAM. He finished his flight.

Mr. HILL of Alabama. I am not so advised by the War Department.

Mr. KETCHAM. He started and finished the flight with great credit. He is a constituent of mine, and I would not like to see bills passed honoring all these men without including his name.

Mr. HILL of Alabama. Mr. Speaker, under the circumstances. I ask unanimous consent to withdraw the amendment. The SPEAKER. Without objection, the amendment will be withdrawn. 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.

The title was amended so as to read: "An act for recognizing aviation accomplishments.”

The Clerk read as follows:

A bill (H. R. 10365) to provide for the construction or purchase

of one heavy seagoing Air Corps retriever for the War Department. The SPEAKER. Is there objection?

There was no objection.

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

Be it enacted, etc., That there is hereby authorized to be appropriated not to exceed $40,000, to be expended by the Secretary of War for the construction or purchase of one heavy seagoing Air Corps retriever for use at France Field, Canal Zone.

The SPEAKER. 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.

ELIGIBLES FOR GENERAL STAFF CORPS

Mr. MORIN. Mr. Speaker, I call up the bill S. 1828, and ask unanimous consent that it be considered in the House as in

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

TWO L BOATS FOR THE WAR DEPARTMENT

Mr. MORIN. Mr. Speaker, I call up the bill H. R. 10363, and ask unanimous consent that it be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up the bill H. R. 10363, and asks unanimous consent that it be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read as follows:

A bill (H. R. 10363) to provide for the construction or purchase of two L boats for the War Department.

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

There was no objection.

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

Be it enacted, etc., That there is hereby authorized to be appropriated not to exceed $50,000 to be expended by the Secretary of War for the construction or purchase of two L boats, for replacing boats of a similar type destroyed, at a cost not to exceed $25,000 each.

The SPEAKER. 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.

TWO MCTOR MINE YAWLS FOR THE WAR DEPARTMENT

Mr. MORIN. Mr. Speaker, I call up the bill H. R. 10364, and ask unanimous consent that it be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up the bill H. R. 10364, and asks unanimous consent that it be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read as follows:

A bill (II. R. 10364) to provide for the construction or purchase of two motor mine yawls for the War Department.

The SPEAKER. Is there objection?

There was no objection.

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

Be it enacted, etc., That there is hereby authorized to be appropriated not to exceed $10.000 to be expended by the Secretary of War for the construction or purchase of two motor mine yawls for replacement purposes, at a cost not to exceed $5,000 each.

The SPEAKER. 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.

SEAGOING AIR CORPS RETRIEVER FOR THE WAR DEPARTMENT Mr. MORIN. Mr. Speaker, I call up the bill H. R. 10365, and ask unanimous consent that it be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up the bill H. R. 10365, and asks unanimous consent that it be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The SPEAKER. The gentleman from Pennsylvania calls up the bill S. 1828, and asks unanimous consent that it be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read as follows:

A bill (S. 1828) to amend the second paragraph of section 5 of the national defense act, as amended by the act of September 22, 1922, by adding thereto a provision that will authorize the names of certain graduates of the general service schools and of the Army War College, not at present eligible for selection to the General Staff Corps eligible list, to be added to that list.

The SPEAKER. Is there objection?
There was no objection.

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

Be it enacted, etc., That the second paragraph of section 5 of the national defense act, as amended by the act approved June 4, 1920, and further amended by the act of September 22, 1922, be, and the same is hereby, amended to read as follows:

"After the completion of the initial General Staff Corps eligible list, the name of no officer shall be added thereto unless upon graduation from the General Staff School he is specifically recommended as qualified for General Staff duty, and hereafter no officer of the General Staff

Corps, except the Chief of Staff, shall be assigned as a member of the

War Departinent General Staff unless he is a graduate of the General Staff College or his name is borne on the initial eligible list: Provided, That nothing herein shall operate to debar the name of any graduate of the Army War College, the Command and General Staff School, or the former General Staff College, General Staff School, Army Staff College, the Staff College, the School of the Line, the Army School of the Line, or the Infantry-Cavalry School from being added to the General Staff Corps eligible list if the manner of the performance of his duties and quality of his work is such as to indicate that he has since become well qualified for General Staff duty, and he is so recommended by a board of general officers: And provided further, That the name of any National Guard or reserve officer who has demonstrated by actual service with the War Department General Staff during a period of not less than six months, as hereinafter provided for, that he is qualified for General Staff duty, may, upon the recommendation of a board consisting of the general officers of the War Department General Staff, assistants to the Chief of Staff, be added to said eligible list at any time. The Secretary of War shall publish annually the list of officers eligible for General Staff duty, and such eligibility shall be noted in the annual Army Register. If at any time the number of officers available and eligible for detail to the General Staff is not sufficient to fill all vacancies therein, majors or captains may be detailed as acting General Staff officers under such regulations as the President may prescribe: Provided, That in order to insure intelligent cooperation between the General Staff and the several noncombatant branches, officers of such branches may be detailed as additional members of the General Staff Corps under such special regulations as to eligibility and redetail as may be prescribed by the President, but not more than two officers from each such branch shall be detailed as members of the War Department General Staff."

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.

COWPENS BATTLE GROUND

Mr. MORIN. Mr. Speaker, I call up H. R. 12106, to create a national military park at Cowpens battle ground, and I ask

unanimous consent that the bill may be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up H. R. 12106 and asks unanimous consent that the bill may be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That in order to preserve that part of the Cowpens battle grounds near Ezell, Cherokee County, S. C., where Gen. Daniel Morgan, commanding, participated in the Battle of Cowpens on the 17th day of January, 1781, the Secretary of War be, and he is hereby, authorized and directed to acquire, by purchase, gift, condemnation, or otherwise, not less than 10 nor more than 21 acres of land for the preservation of said battle field, to the end that it may be declared to be a national military park and shall be designated by a proper monument or marker.

SEC. 2. To enable the Secretary of War to carry out the provisions of this act, to purchase the necessary lands, to make necessary surveys, maps, markers, pointers, or signs marking boundaries, for opening, constructing, or repairing necessary roads and streets and constructing markers or monument, for salaries for labor and services, for traveling expenses, supplies, and materials, the sum of $25,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to remain available until expended, and the disbursements under this act shall be reported by the Secretary of War to Congress.

With the following committee amendments:

On page 1, in line 9, strike out the word "less" and insert the word "more"; in the same line strike out the words "nor more than twentyone"; in line 10, strike out the words "for the preservation of said battle field, to the end that it may be declared to be a national military park."

On page 2, in line 1, strike out the words "and shall be designated by a proper monument or marker" and insert the words "on which he shall erect or cause to be erected a suitable monument to commemorate said battle"; in line 8, strike out the words "markers or " and insert the words "markers and a suitable."

The committee amendments were agreed to.

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.

The title was amended.

TARGET RANGE AT AUBURN, ME.

Mr. MORIN. Mr. Speaker, I call up Senate bill S. 2463, to amend an act entitled "An act for the purchase of a tract of land adjoining the United States target range at Auburn, Me.," approved May 19, 1926, and I ask unanimous consent that the bill may be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up Senate bill 2463 and asks unanimous consent that the bill may be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the act entitled "An act for the purchase of a tract of land adjoining the United States target range at Auburn, Me.," approved May 19, 1926, is amended by inserting after the figures $3,000," where they appear in said act, the words "and the sunr or sums necessary to be expended for the investigation of title, and for the required survey and plan of said tract of land," so that said act as amended shall read as follows:

"That the Secretary of War be, and he is hereby, authorized to purchase the tract of land adjoining the United States target range at Auburn, Me., comprising 84 acres, more or less, the property of the heirs of John Barron, for the purpose of adding to said rifle range, and to purchase said property the Secretary of War is authorized to expend a sum not to exceed $3,000 and the sum or sums necessary to be expended for the investigation of title, and for the required survey and plan of said tract of land, from funds allotted to the State of Maine by the United States from the appropriation 'Arming, equipping, and training the National Guard,' for the fiscal year ending June 30, 1927." 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.

ADJUSTMENT OF CLAIMS FOR ARMORY DRILL PAY

*Mr. MORIN. Mr. Speaker, I call up Senate bill S. 4216, to authorize the adjustment and settlement of claims for armory drill pay, and I ask unanimous consent that the bill may be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up Senate bill 4216 and asks unanimous consent that the bill may be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Comptroller General of the United States be, and he is hereby, authorized and directed to adjust and settle claims for pay for services rendered during the fiscal years 1917, 1918, and 1919, or any portion thereof, for which appropriations are now being made pursuant to sections 67 and 92 of the national defense act, approved June 3, 1916, as amended, and certify such settlements to Congress from time to time.

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. READJUSTMENT OF PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE

Mr. MORIN. Mr. Speaker, I call up the bill (H. R. 12624) to amend section 17 of the act of June 10, 1922, entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," as amended, and I ask unanimous consent that the bill may be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up H. R. 12624 and asks unanimous consent that the bill may be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That section 17 of the act approved June 10, 1922, entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," as amended, is hereby further amended by inserting after the words "provided in this act," and before the next proviso, line 3 of said section, the following: "which pay shall include increases for all active duty performed since retirement in the computation of their longevity pay and pay periods." And after the phrase, "receive full pay and allowances," at the end of the last line of said section, by changing the period to a comma and inserting thereafter the following: "and when on active-duty status, shall have the same pay and allowance rights while on leave of absence or sick as officers on the active list, and if death occurs when on activeduty status, while on leave of absence or sick, their dependents shall not thereby be deprived of the benefits provided in act approved December 17, 1919, as amended, and in the act of June 4, 1920: Provided, That no back pay or allowances shall accrue by reason of the passage of this act.” 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.

PERMANENT CONSTRUCTION AT MILITARY POSTS Mr. MORIN. Mr. Speaker, I call up Senate bill (S. 3752) to amend section 3 of an act entitled "An act authorizing the use for permanent construction at military posts of the proceeds from the sale of surplus War Department real property, and authorizing the sale of certain military reservations, and for other purposes," approved March 12, 1926, and I ask unanimous consent that the bill may be considered in the House as in Committee of the Whole.

The SPEAKER. The gentleman from Pennsylvania calls up Senate bill 3752 and asks unanimous consent that the bill may be considered in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That section 3 of an act authorizing the use for permanent construction at military posts of the proceeds from the sale of surplus War Department real property, and authorizing the sale of certain military reservations, and for other purposes, be, and the same is hereby, amended to read as follows:

"SEC. 3. The Secretary of War is hereby authorized, directed, and empowered, in the event it be found that any citizen of the United States, or the ancestors, the assignors, or the predecessors in title of a citizen, either separately or by tacking, shall have for a period of 20 or more years immediately preceding the approval of this act resided upon and occupied adversely or improved any part or parcel of the aforesaid designated property; or exercised ownership thereof based upon a deed of conveyance, purporting to convey a fee-simple title and executed 20 years or more prior to the passage of this act, and therefore made by one claiming title to such part or parcel, to have such part or parcel so claimed separately surveyed if requested in writing by a claimant within 60 days after the service of written notice on such person or his tenant or agent that the United States

claims such land, and to thereafter convey title to the claimant by quitclaim deed upon payment of 10 per cent of the appraised value thereof Provided, That any claimant who fails or refuses for more than 60 days after the notice herein provided to make written application for survey and submit satisfactory record and other evidence required by the Secretary of War to substantiate the claim that he is entitled to a quitclaim deed under the provisions of this section shall forever be estopped from exercising any claim of title or right of possession to the property: Provided further, That the Secretary of War may, in his discretion, extend to citizens of the United States who have themselves or whose predecessors in interest have occupied and improved portions of such reservations under leases from or with the consent of the War Department for more than 15 years prior to the approval of this act, an option to buy the portions of such reservations so occupied and improved at the appraised value of the land exclusive of improvements placed thereon; and the Secretary of War is hereby authorized to convey title to such persons by quitclaim deed upon payment of the appraised value of any such portions: Provided further, That in carrying out the provisions of this section the Secretary of War shall not incur any expense other than that incident and necessary to giving the notices required and surveying and platting such of the property as may be claimed by a citizen of the United States."

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.

WATER-PIPE LINE AT FORT M'KINLEY, ME,

Mr. MORIN. Mr. Speaker, I call up the bill (S. 3057) authorizing the Secretary of War to transfer and convey to the Portland Water District, a municipal corporation, the waterpipe line, including the submarine water main connecting Fort McKinley, Me., with the water system of the Portland Water District, and for other purposes, and ask unanimous consent that it may be considered in the House as in Committee of the Whole.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized to transfer or cause to be conveyed to the Portland Water District, a municipal corporation of Portland, Me., organized and existing under the laws of the State of Maine, the Government-owned waterpipe line, including the submarine main connecting the Fort McKinley Military Reservation, located on Great Diamond Island, Me., with the water system of the said Portland Water District on the mainland and to enter into a contract with the said Portland Water District for the furnishing of potable water to Fort McKinley, upon such terms as the Secretary of War may deem expedient, including payment to the said Portland Water District of an annual charge, payable quarterly, for the putting of the water line in good condition and the relocation of the submarine rain so as to furnish at all seasons of the year ample supply of potable water to the Fort McKinley Military Reservation, and that said annual charge to be agreed upon and the rates to be paid for the water furnished shall be paid from appropriations heretofore made and to be made for Water and sewers at military posts."

With the following committee amendment:

On page 2, line 13, strike out the word "Posts" and the period and insert the following:

"Posts: Provided, That before exercising the authority conferred by this act, the Secretary of War shall require and receive from the Portland Water District, of Portland, Me., the execution and delivery of an obligation in such terms and with such surety as shall satisfy the Secretary of War that the Portland Water District will at all times in the future maintain a good and sufficient water line to Fort McKin ley, and will furnish by means of said water line, an abundant supply of suitable water for use for all purposes at Fort McKinley, at fair and reasonable prices."

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.

FIRST HEAVIER-THAN-AIR FLYING MACHINE

Mr. JAMES. Mr. Speaker, I call up the resolution (H. J. Res. 224) to ascertain which was the first heavier-than-ait flying machine, and ask unanimous consent that it may be considered in the House as in Committee of the Whole.

The Clerk read the title of the resolution.

The SPEAKER. Is there objection to the request of the gentleman from Michigan?

There was no objection.

The Clerk read the resolution as follows:

Resolved, etc., That the President of the United States be, and is hereby, authorized and directed to appoint a commission of five distinguished citizens of the United States to whom Orville Wright, and all other persons in any way interested, shall be publicly invited to present evidence as to which was the first successful heavier-than-air flying machine.

SEC. 2. That said commission shall serve without compensation but shall be permitted actual expenses, including one round trip travel pay from their respective homes to Washington, D. C., and subsistence not exceeding $10 a day for not exceeding 10 days while in Washington. SEC. 3. That the Secretary of War is hereby directed to furnish the necessary clerical and stenographic assistance for the use of said commission; and the testimony, records, documents, and minutes of proceedings of said commission shall be preserved by the Air Corps of the United States Army.

SEC. 4. That the report and conclusions of said commission shall be filed with the President of the United States not later than November 1, 1928, and shall in turn be transmitted to the Congress on the first Monday in December, 1928, and 10,000 copies thereof shall be printed and equally allotted to the Members of Congress through the folding

room.

SEC. 5. That an appropriation not exceeding $2,000 is hereby authorized to carry out the provisions of this joint resolution.

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

A motion to reconsider was laid on the table.
APPORTIONMENT OF REPRESENTATIVES

Mr. DALLINGER. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD by printing a letter, with an accompanying article, from Prof. Edward B. Huntington, of Harvard University, on the apportionment of Representatives. The SPEAKER. Is there objection to the request of the gentleman from Massachusetts?

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This modern method is the method of equal proportions. It has been indorsed by the advisory committee to the Director of the Census, and by the consensus of opinion of practically all other competent scientific authorities. It was specified in the only apportionment bill which came before Congress last year, and at that time (according to Hasbrouck's recent book on Party Government, p. 126) it was pretty generally favored over the method of major fractions, which had been the basis of the 1911 apportionment." Since it is still comparatively new, however, and therefore probably not wholly familiar to many Members of Congress, I take the liberty of handing you a short pamphlet containing a simple explanation of it in nontechnical language.

An exhaustive mathematical analysis, readily accessible in the technical journals, has shown that the method of equal proportions is the only method which has no bias in favor of either the large States or the small States. The so-called method of major fractions has a systematic bias in favor of the large States. (An extreme example of how great this difference might be is shown on p. 8.) There is another method which has an equally strong bias in favor of the small States. Between these two stands the method of equal proportions, holding the balance even among all the States, as the Constitution clearly intended.

My own interest in this problem is a purely scientific one, and I hope that the inclosed pamphlet may help to clarify a situation that has become much confused by needless discussion of obsolete technical details. If there are any questions about the mathematical aspects of this problem which you would care to ask, I shall be happy to answer them.

Very truly yours,

EDWARD V. HUNTINGTON,

Professor of Mechanics, Harvard University,

48 Highland Street, Cambridge, Mass.

A SIMPLE EXPLANATION OF THE METHOD OF EQUAL PROPORTIONS
By E. V. Huntington, Harvard University

IMPORTANCE OF THE PROBLEM

The question of how best to adjust the fractions which unavoidably occur in the apportionment of Representatives in Congress has been a baffling perplexity to successive Congresses for more than a hundred years.

Up to about 1921 there was practically no information available concerning the tests which a good apportionment should satisfy. Various empirical processes of computation had to be employed, most of which were later discarded. Since 1921, however, a scientific study of the problem has made it possible to state in clear and simple nonmathematical language all the tests between which Congress must make its choice; so that now for the first time Congress is in possession of adequate information on which a sound decision can be based.

Moreover, it is now for the first time that the problem has become an urgent one. In former decades any State that felt aggrieved could be pacified by increasing the total number of Representatives. But under

the present proposal to limit the size of the House to 435 Members any gain for one State will necessarily mean a loss for some other State, so that the need for a sound and fair method of apportionment is obvious. Cases can occur in which the use of a wrong method would affect every State in the Union, half the States having more Representatives and half the States having fewer Representatives than they are justly entitled to.

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"Under the first proposal, A has five Representatives and B has four. To find the population per Representative-that is, the average size of the "congressional district "-we divide the population of each State by the number of Representatives, getting 320,400 for State A and 252,750 for State B. State A therefore feels aggrieved, and contends that a Representative should be transferred from B to A, as in the second proposal.

"Under the second proposal, A has six Representatives and B has three. The population per Representative is 267,000 for A and 337,000 for B, so that B is now the aggrieved State.

"Which proposal should be preferred? Applying test 1, we find that 320,400 is greater than 252,750 by 26.8 per cent, while 337,000 is greater than 267,000 by only 26.2 per cent. (To find the percentage difference between two numbers, we take the difference between the two numbers and divide by the smaller.) Since 26.2 is less than 26.8, the second proposal is better than the first.

"In a similar way, the desirability or undesirability of a transfer between any other two States can be immediately decided by applying test 1."

Now the remarkable fact, revealed by the modern mathematical analysis, is this: For any given size of the House, and any given populations of the States, an apportionment can always be found which can not be improved (in the sense of test 1) by any transfer from any State to any other State. Moreover, it is not necessary to go through the labor of applying the test to each pair of States separately, since a short-cut process (by which the apportionment would actually be computed in the Bureau of the Census) is known, which is guaranteed to produce the desired result.

A SECOND TEST OF A GOOD APPORTIONMENT

A second test which Congress may wish to consider is obtained by replacing the ratio of "population per Representative" in a State by the inverse ratio, namely, the "number of Representatives per unit of population." In a theoretically perfect apportionment, this ratio would be the same in any State as it is in any other State. In a practical case, however, it might vary from. say, 4 Representatives per million inhabitants in one State to 4.4 Representatives per million inhabitants in another State-the percentage difference being in this case 10 per cent. The smaller this difference, the better the apportionment, as far as these two States are concerned. Thus a second test is suggested, as follows:

The problem is this: Suppose an actual apportionment of 435 Repre-
sentatives on the basis of the 1930 census is laid before Congress for
approval. How shall Congress determine whether this is a good appor-
tionment or whether some change should be made in it? Since the
size of the House is fixed, the only possible change is by a transfer of
a Representative from some State to some other State. Suppose such a
transfer is suggested, say, from State A to State B. How shall Con-
gress decide whether or not this transfer is an improvement which ought | having the populations shown in the following table:
to be made?

Test 2: If the percentage difference between the number of Representatives per million inhabitants in any State and the number of Representatives per million inhabitants in any other State can be reduced by a transfer of a Representative from one State to the other, then this transfer should be made.

Among the numerous tests that have been studied many quite plausible tests proved to be "unworkable," because they failed to lead to

a definite decision. (There should be no loophole left for the exercise

of any discretionary power.") Among the "workable" tests there

are two that are of special interest, test 1 and test 2.

The first test is suggested by the following obvious fact: In a theoretically perfect apportionment the population per Representative in any State would, of course, be exactly equal to the population per Representative in any other State. In an actual case, however, the population per Representative may be 220,000 in one State and 200,000 in another State. Now, 220,000 is 10 per cent larger than 200,000, or, in other words, the percentage difference between these two numbers is 10 per cent; and it is clear that the smaller this difference the better is the apportionment as far as these two States are concerned. This suggests at once the following test:

Test 1: If the percentage difference between the population per Representative in any State and the population per Representative in any other State can be reduced by a transfer of a Representative from one State to the other, then this transfer should be made.

This test can be applied by anyone without the use of any mathe matics beyond the simplest arithmetic.

This test also can be readily applied by anyone.

For example, suppose the dispute is between two States, A and C,

State

Popula-
tion

A.

C.

Difference..

First proposal

Number
of Repre-
senta-
tives

Number of Representatives per 1,000,000 inhabitants

Second proposal

Number of Representatives

Number of Representatives per 1,000,000 inhabitants

1,602, 000

2, 187,000

5 8

3. 1211

6

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3.7453 3.2007

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Since 17 is less than 17.2, the second proposal is better than the first.

With regard to test 2 as well as test 1, it has been shown mathematically that an apportionment can always be found which can not be improved (in the sense of test 2) by any transfer from any State to any other State, and a short-cut process of computation is known. Both of these tests, therefore, are "workable" tests.

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