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PROCEEDINGS AND DEBATES OF THE SEVENTIETH CONGRESS

FIRST SESSION

SENATE

Tuesday, May 8, IMS
(Le0i*lHti-vc day of Thur»day, Hny 3, 1928)

The Senate reassembled at 12 o'clock meridian, on the expiration of the recess.

The VICE PRESIDENT. The Senate will receive a message from the House of Representatives.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee, one of its clerks, announced that the House had passed without amendment the following bills of the Senate:

8.805. An act donating Revolutionary cannon to the New York State Conservation Department;

S. 1456. An act to authorize an appropriation for a road on the Zuui Indian Reservation, N. Mex.; and

S. 8947. An act to provide for the times and places for holding court for the eastern district of North Carolina.

The message also announced that the House had passed the following bills severally with amendments, in which it requested the concurrence of the Senate:

S. 797. An act granting the consent of Congress to the J. K. Mahone Bridge Co., its successors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Wellsburg, W. Va.;

S. 1480. An act authorizing certain Indian tribes and bands, or any of them, residing in the Slate of Washington to present their claims to the Court of Claims; and

S. 3862. An act authorizing J. T. Burnett, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near Tlptonville, Tenn.

The message further announced that the House had passed the following bill and joint resolutions, each with an amendment, in which it requested the concurrence of the Senate:

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

S. J. Res, 23. Joint resolution providing for the participation of the United States in the celebration in 1929 and 1930 of the one hundred and fiftieth anniversary of the conquest of the Northwest Territory by Gen. George Rogers Clark and his army, and authorizing an appropriation for the construction of a permanent memorial of die Revolutionary War in the West, and of the accession of the Old Northwest to the United States on the site of Fort Sackville, which was captured by George Rogers Clark and his men February 25, 1779.

The message also announced that the House had passed the following bills and joint resolution, in which it requested the concurrence of the Senate:

H. R. 43. An act to amend the act entitled "An act to standardize lime barrels," approved August 23, 1910;

H. R. 167. An act to amend the act of February 12, 1925 (Public, No. 402, 68th Cong.), so as to permit the Cowlitz Tribe of Indians to file suit in the Court of Claims under said act;

H. R. 491. An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California;

. H. R. 5475. An act authorizing the New Cumberland Bridge Co., its successors and assigns, to construct, maintain, aud operate a bridge across the Ohio River at or near New Cumberland, W. Va.;

H. R. 5548. An act to authorize payment of six months' death gratuity to dependent relatives of officers, enlisted men, or nurses whose death results from wounds or disease not resulting from their own misconduct;

H. R. 5644. An act to enable an enlisted man in the naval service to make good tlire lost in excess of one day under certain conditions;

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H. R. 5718. An act to amend the act entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps/Cwast. Guard, Coast and Geodetic Survey, and Public Health Serviw."^.

H. R. 0518. An act to amend the salary rates ixpita.lged in the compensation schedules of the act of March 4, IftE,", .entitled "An act to provide for the classification of civilian .ijwJttions within the District of Columbia and in the Held services1" *-"

H. R. 6854. An act to add certain lands to the Montezumu National Forest, Colo., and for other purposes;

H. R. 7354. An act to allow the Postmaster General to promote mechanics' helpers to the first grade of special mechanics;

H. R. 8728. Au act to authorize the Postmaster General to give motor-vehicle service employees credit for actual time served on a basis of one year for each 306 days of eight hours served as substitute;

H. R. 8907. An act to fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes;

H. R. 9040. An act to continue the allowance of Sioux benefits;

H. R. 9194. An act authorizing the Secretary of the Interior to acquire land and erect a monument on the site of the battle between the Sioux and Pawnee Indian Tribes in Hitchcock County, Nebr., fought in the year 1873;

H. R. 9355. An act to provide for the acquisition of certain property in the District of Columbia for the Library of Congress, and for other purposes;

H. R. 9965. An act to erect a tablet or marker to mart the site of the Battle of Kettle Creek, in Wilkes County, Ga., where, on February 14, 1779, Elijah Clarke, of Georgia, and Colonel Pickens, of South Carolina, overtook the Tories under Colonel Boyd, killing him and many of his followers, thus ending British dominion in Georgia;

H. R. 10786. An act authorizing surveys and Investigations to determine the best methods and means of utilizing the waters of the Gila River aud its tributaries above the San Carlos Reservoir in New Mexico and Arizona;

H. R. 11621. An act to authorize the Secretary of the Navy to advance public funds to naval personnel under certain conditions;

H. R. 11758. An act authorizing the Secretary of War to grant a right of way for a levee through the Chalmette National Cemetery;

H. R. 11804. An act authorizing and directing the Secretary of War to lend to the town of Appalachia, Va., 500 canvas cots, 500 blankets, 1,000 bed sheets, 500 pillows, 500 pillowcases, and 500 mattresses or bed sacks, to be used at the convention of the American Legion, Department of Virginia, to be held at Appalachia, Va., on August 13, 14, and 15. 1928:

H. R. 11852. An act providing for the confirmation of grant of lands formerly the United States barracks at Baton Rouge, La., to the board of supervisors of the Louisiana State University and Agricultural and Mechanical College;

H. R. 11917. An act granting the consent of Congress to the county of Cook, State of Illinois, to widen, maintain, and operate the existing bridge across the Little Calumet River in Cook County, State of Illinois;

H. R. 11950. An act to legalize a pier and wharf in Deer Island thoroughfare on the northerly side at the southeast end of Buckmaster Neck at the town of Stonington, Me.;

H. R. 11953. An act to authorize the sale under the provisions of the act of March 12, 1926 (Public, No. 45, 69th Cong.), of surplus War Department real property;

H. R. 11980. An act granting the consent of Congress to the Fisher Lumber Corporation to construct, maintain, and operate a railroad bridge across the Tensas River in Louisiana;

H. R. 12192. An act authorizing the Secretary of the Interior to accept a deed to certain land and issue patent therefor to the city of Buhl, Twin Falls County, Idaho;

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H. R. 12379. An act granting the consent of Congress to Howard Seabury to construct, maintain, and operate a dam to retain tidal waters in nn unnamed cove which is situated and extends from Cases Inlet into section 28, township 21 north, range 1 west, Willamette meridian, In Pierce County, State of Washington; . .

H. R. 12386. An act authorizing the State of Texas and the State of Louisiana to construct, maintain, and operate a free highway bridge across the Sabine nicer, at or near Pendleton's Kerry; .-.' -'-V

H. K. 12408. An act authorizing custodians and acting custodians of Federal buildings- to administer oaths of office to employees in the custodian 'service;

H. K. 12605. An act to; enable the Postmaster General to purchase and erect coujmmiity mail boxes on rural routes and to rent compartments of such boxes to patrons of rural delivery;

H. R, 12G7G. Au'-act'-to amend section 2 of an act approved February 14,- T^JKj- granting consent of Congress for the construction of -a.'tiHage across Red River at or near Fulton, Ark.;

H. R. 12677.'- An act to amend section 2 of an act approved Marcty'3.2'. '1928, granting consent of Congress for the construction "-of '.fi. bridge across the Ouachita River at or near Calion,

H. R. 12814. An act to increase the efficiency of the Air Corps; and

H. J. Res. 236. Joint resolution authorizing the Secretary of War to lend tents and camp equipment for the use of the housing committee for the convention of the American Legion for the Department of Washington, to be held at Centralia, Wash., in the month of August, 1928.

DISPOSITION OP USELESS PAPERS

The VICE PRESIDENT laid before the Senate a communication from the Acting Secretary of War, transmitting, pursuant to law, lists of useless papers in the War Department not needed or useful in the transaction of current business and having no permanent, value or historic interest, and asking for action looking toward their disposition, which was referred to a Joint Select Committee on the Disposition of Useless Papers in the Executive Departments.

The VICE PRESIDENT appointed Mr. Reed of Pennsylvania mid Mr. Fletcher members of the committee on the part of the Senate.

THE AMERICAN MERCHANT MARINE

The VICE PRESIDENT laid before the Senate the amendment of the House of Representatives to the bill (S. 744) to further develop an American merchant marine, to assure its permanence in the transportation of the foreign trade of the United States, and for other purposes, which was to strike out all after the enacting clause and to insert a substitute.

Mr. JONES. I move that the Senate disagree to the House amendment, ask for a conference, and that the Chair appoint five conferees on the part of the Senate.

The motion was agreed to; and the Vice President appointed Mr. Jones, Mr. Mc-nabv, Mr. Johnson, Mr. Fletcher, and Mr. Ranhdell conferees on the part of the Senate.

CLAIMS OF INDIANS IN THE STATE OF WASHINGTON

The VICE PRESIDENT laid before the Senate the amendments of the House of Representatives to the bill (S. 1480) authorizing certain Indian tribes and bands, or any of them, residing in the State of Washington, to present their claims to the Court of Claims, which were, on page 6, line 18, to strike But the comma and "but any" and insert a period and "Any "; on page 7, line 7, to strike out "any one" and insert "all "; and on the same page, line 17, after the word "annum," to insert a comma and "subject to appropriation by Congress for the health, education, and industrial advancement of said Indians, including the building of homes."

Mr. JONES. I move that the Senate agree to the amendments made by the House.

The motion was agreed to.

APPROPRIATIONS FOR LEGISLATIVE BRANCH

Mr. WARREN submitted the following report:

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 12875) making appropriations for the legislative branch of the Government for the fiscal year ending June 30, 1929, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 39 and 45.

That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 3. 4, 5, 6, 7. 8. 9, 10, 11 12 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 20, 27, 28. 29, 30. 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, and 41. and agree to the same. The committee of conference have not agreed on amendments numbered 42, 43, and 46.

F. E. Warren,
Reed Smoot,
Charles Curtis,
E. S. Broussard,
Royal S. Copeland,
Managers on the part of Ilie Senate.
Frank Murphy,
Geo. A. Welsh.
Wm. P. Holaday,
John N. Sandun,
Edward T. Taylor,
Managers on tlie part of the House.

The report was agreed to.

CALL OF THE ROLL

Mr. HEFLIN obtained the floor.

Mr. CURTIS. Mr. President, will the Senator yield that I may suggest the absence of a quorum?

Mr. HEFLIN. I yield for that purpose.

Mr. CURTIS. I suggest the absence of a quorum

The VICE PRESIDENT. The clerk will call the roll.

The legislative clerk called the roll, and the following Senators answered to their names:

Ashurst Fletcher La Foilette Sheppard

Barkley. Krazier MoKollar Shipstead

HiiiKliaru George McLean Shortrldj-e

Black Gerry McMaster Simmons

Elaine Gillett McNnry Smith

Blease Glass Mayflefd Smoot

Borah Goff Metculf Steck

Bratton Gooding Moses Stclwer

Brookhnrt Gould Ncely Stephens

Broussard Greene Norlieck Swanson

Bruce Hale Norrls Thomas

Capper Harris Nye Tydings

Caraway Harrison Oddie Tyson

Copeland Hawes Overman Vandenherg

Couzens Hnvden Phipps Wacner

Curtis Ileflln Fine \VaUh. Mas*.

Cutting ilowell I'ittmnn Walsh. Mont.

Deneen, Johnson Ransdcll Warren

Dill Jones Reed, Mo. Waterman

Edge Kondrick Reed, Pa. Wheeler

Edwards Kcyos Snckett

l'"ess King Schall

The VICE PRESIDENT. Eighty-six Senators having answered to their names, a quorum is present.

ONE HUNDRED AND FIFTIETH ANNIVERSARY OF CONQUEST OF TUB NORTHWEST TERRITORY

The VICE PRESIDENT laid before the Senate the amendment of the House of Representatives to the joint resolution (S. J. Res. 23) providing for the participation of the United States in the celebration in 1929 and 1930 of the one hundred and fiftieth anniversary of the conquest of the Northwest Territory by Gen. George Rogers Clark and his army, and authorizing an appropriation for the construction of a permanent memorial of the Revolutionary War in the West, and of the accession of the old Northwest to the United States on the site of Fort Sackville, which was captured by George Rogers Chirk and his men February 25, 1779, which was, to strike out all after the enacting clause and insert a substitute.

Mr. FESS. I move that the Senate disagree to the amendment of the House and request a conference on the disagreeing votes of the two Houses thereon, and that the Chair appoint the conferees on the part of the Senate.

The motion was agreed to; and the Vice President appointed Mr. Fess, Mr. Howell, and Mr. Mckellar conferees on the part of the Senate.

REPORT OF THE JUVENILE COT'RT OF THE DISTRICT OF COLUMRIA (S. DOC. NO. 99)

Mr. CAPPER. I present a letter addressed to me by the Attorney General, forwarding two communications from Judge Kathryn Sellers, of the juvenile court of the District of Columbia, together with a report covering the activities of that court during the year ended June 30, 1927. I ask an order, in. accordance with the usual practice, that it be printed as a Senate document.

The VICE PRESIDENT. Without objection, it is so ordered.

PETITIONS AND MEMORIALS

Mr. VANDENBERG. I present a telegram from Henry C. Walters, of Detroit, Mich., president of the Michigan Bar Association, protesting against the passage of Senate bill 3151, which I ask mny be printed In the Record and referred to the Committee on the Judiciary.

There being no objection, the telegram was referred to the Committee on the Judiciary and ordered to be printed in the Record, as follows:

It la not feasible to call a mooting of tlic 1.000 members of the Michigan State Bar Association to take formal action. But 10 out of the 27 directors and directors ut large, which is the governing body unit, have asked me to protest on behalf of the association against the passage of S. 3151 on the ground that miscarriages of Justice would follow upon its enactment. Hemalning 8 directors and directors at large not yet heard from. The 19 heard from include former Chief Justice Carpenter, ex-Judge Murlln, George W. Wcadock, Mark Morris, Stuart Knnppen, George B. Nichols, George W. Conk, Wade Millis, Burritt Hamilton, Waller Foster, and C. W. Perry, all former presidents of the State aHSOciatlon. The governing body consists of lawyers long in active practice, and they know from experience that real prejudice exists against nonresident litigants and that it is much less pernicious in Its effect in Federal than in State courts. They feel that passage of the act would work incalculable mischief and constitute deplorable retrogression.

Henby C. Walters. President Michiuan State Bar Ansociation, Detroit, Mich.

Mr. CAPPER presented a resolution adopted by Earl C. Gormley Post, No. 45, American Legion, of Junction City, Kaus., favoring the passage of the so-called Capper-Johnson universal draft bill, which was referred to the Committee on Military Affairs.

Mr. JONES presented a petition of .sundry citizens of Sunnyside, Wash., praying for the passage of the so-called universal draft bill, which was referred to the Committee on Military Affairs.

He also presented a resolution adopted at the annual meeting of the Washington State Society Sons of the American Revolution, favoring the passage of the so-called Box hill, providing for the restriction of Mexican immigration, which was referred to the Committee on Immigration.

Mr. FESS presented petitions of sundry citizens of the State of Ohio, praying for the passage of legislation granting Increased pensions to Civil War veterans and their widows, which were referred to the Committee on Pensions.

Mr. COPELAND presented petitions of sundry citizens of Brooklyn and vicinity, in the State of New York, praying for the passage of legislation granting increased pensions to Civil War veterans and their widows, which were referred to the Committee on Pensions.

Mr. McLEAN presented a resolution of Raymond W. Harris Post, No. 145, Veterans of Foreign Wars of the United States, of Bridgeport, Conn., favoring the passage of the so-called Gold Star Mothers bill, which was referred to the Committee on Military Affairs.

He also presented the petition of Eddy-Glover Post, No. 6, American Legion, of New Britain, Conn., favoring the passage of the so-called Capper universal draft bill, which was referred to the Committee on Military Affairs.

He also presented letters In the nature of petitions from Middletown Branch, No. 175, of Middletown, and Capital City Branch, No. 86, of Hartford, both of the National Association of Letter Carriers, In the State of Connecticut, favoring the passage of the so-called Dale civil service retirement bill, which were referred to the Committee on Civil Service.

He also presented letters in the nature of petitions from Sarah Williams Chapter, Daughters of the American Revolution, of Danielson, and Sibbel Dwight Kent Chapter, Daughters of the American Revolution, of Suffield and Windsor Locks, both in the State of Connecticut, praying for the retention of the national origins quota provision in the immigration law, which were referred to the Committee on Immigration.

He also presented a resolution adopted at the forty-fourth annual encampment of the Connecticut Division, Sons of Union Veterans of the Civil War, favoring the passage of legislation granting increased pensions to Civil War veterans and their widows, which was referred to the Committee on Pensions.

He also presented letters in the nature of petitions from the congregations of the First Congregational Church of Stamford and the Methodist Episcopal Church of New London, and of sundry citizens of Danbury and New Haven, all In the State of Connecticut, praying for the passage of the so-called Cillett resolution (S. Res. 139) suggesting a further exchange of views relative to the World Court, which were referred to the Committee on Foreign Relations.

REPORTS OP COMMITTEES

Mr. SACKETT, from the Committee on the District of Columbia, to which was referred the bill (S. 4087) authorizing the use of certain land owned by the United States in the Dis

trict of Columbia for street purposes, reported It without amendment and submitted a report (No. 1052) thereon.

Mr. WALSH of Montana, from the Committee on PnWic Lands and Surveys, to which was referred the bill (H. R. 8110) withdrawing from entry the northwest quarter section 12, township 30 north, range 19 east, Montana meridian, reported it with an amendment and submitted a report (No. 1053) thereon.

Mr. PHIPPS, from the Committee on Post Offices and Post Roads, to which was referred the bill (S. 2526) for the relief of Sheldon R. Portly, reported it with an amendment and submitted n rejxirt (No. 3004) thereon.

Mr. LA FOLLETTE, from the Committee on Indian Affairs, to which was referred the bill (S. 727) authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California, rcjwrted it with amendments and submitted a report (No. 1055) thereon.

Mr. DALE, from the Committee on Commerce, to which was referred the bill (S. 4295) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near the month of Indian Creek in Russell County, Ky., reported it without amendment and submitted a report (No. 1056) thereon.

He also, from the same committee, to which was referred the bill (S. 42S9) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Neelys Ferry in Cumberland County, Ky., reported it with an amendment and submitted a report (No. 1057) thereon.

He also, from the same committee, to which were referred the following Mils, reported them severally with amendments and submitted reports thereon:

A bill (S. 4290) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Burkesville, Cumberland County, Ky. (Rept. No. 1058);

A bill (S. 42!>1) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Arat, Cumberland County, Ky. (Rept. No. 105ft);

A bill (S. 4292) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Onter Point In Monroe County, Ky. (Rept. No. 1060) ; and

A bill (S. 4293) authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge across the Cumberland River at or near Creelsboro, in Russell County, Ky. (Rept. No. 1061).

FEDERAL OFFICES IN GEORGIA

Mr. MOSES, from the Committee on Post Offices and Post Roads, to which was referred the resolution (S. Res. 193) directing an investigation of the barter of Federal offices in the State of Georgia, reported it with amendments, and moved that the resolution be referred to the Committee to Audit and Control the Contingent Expenses of the Senate, which was agreed to.

COOPERATIVE MARKETING OF FARM PRODUCTS

Mr. SHIPSTEAD, from the Committee on Printing, reported the following concurrent resolution (S. Con. Res. 18), which was considered by unanimous consent and agreed to:

Reeolvfd by the Senate (the House of Representatives concurring), That 1,500 copies of Senate Document No. 95, entitled "Report of the Federal Trade Commission on Cooperative Marketing of Farm Products," transmitted to the Senate on May 2, 1928, in response to Senate Itesolution 34, Sixty-ninth Congress, be printed, with illustrations, of which 500 copies shall be for the use of the Senate and 1,000 copies for the use of the House of Representatives.

ENROLLED BILL PRESENTED

Mr. GREENE, from the Committee on Enrolled Bills, reported that this day that committee presented to the President of the United States the enrolled bill (S. 3594) to extend the period of restriction in lands of certain members of the Five Civilized Tribes, and for other purposes.

BILLS AND JOINT RESOLUTION INTRODUCED

Bills and a joint resolution were introduced, read the first time, und, by unanimous consent, the second time, and referred as follows:

By Mr. MOSES:

A bill (S. 4382) to amend the act (Public, No. 135, 68th Cong.) approved May 24, 1924, entitled "An act for the reorganization and improvement of the Foreign Service of the United States, and for other purposes "; to the Committee on Foreign Relations.

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