SENATE

TUESDAY, February 26, 1929

(Legislative day of Monday, February 25, 1929)

The Senate reassembled at 11 o'clock a. m., on the expiration of the recess.

SENATOR FROM PENNSYLVANIA

Mr. NORRIS. Mr. President, I was unable to be here yesterday, or I would have made the announcement then that I want to make this morning.

The Senator from Arkansas [Mr. ROBINSON] very kindly introduced a resolution yesterday in my behalf in regard to the Vare investigation. My own idea is that the special committee have extended every courtesy that could possibly be extended to Mr. VARE in making the investigation. They have shown him every leniency and given him every accommodation that anyone could ask. Nevertheless, Mr. VARE is a very sick man, and, of course, I, like others, sympathize with him in that condition and sincerely hope he will soon be restored to health. I desire to say that while I think the Senate and the committee have done their full duty, nevertheless, on account of these conditions I do not intend to press to a final vote the resolution which was introduced yesterday, and I shall not ask that it be taken up during the present session of Congress. I am mindful and aware of the fact that if it goes over the votes of Senators who are opposed to my position in the matter will be greater in number at the next session and in the next Congress than at present. However, notwithstanding that fact, I do not feel under the circumstances that I want to press the resolution during the present serious illness of Mr. VARE. Neither do I see how his presence could change the situation. He has been extended every privilege I believe that could possibly be extended to him. But for the reasons stated I do not intend to ask the Senate to consider the resolution, although it is a privileged matter and I think I would have a right to force it to a vote.

I desire, however, to leave no doubt about the continuance of the authority of the committee and about the extension of the resolution which has heretofore been passed giving authority to the committee. I read the RECORD this morining, and I noticed that Senators yesterday expressed themselves to the effect that the resolutions were still in force and effect and would so continue. But the resolution granting the extension does not contain one resolution that I think is very important, and that is the resolution adopted at the beginning of this ses sion of Congress known as Senate Resolution No. 2. It is the resolution which directed the present investigation so far as it has gone. It is the resolution which denies to Mr. VARE the right to take his seat until the final determination of the case. It is the resolution which gives to Mr. VARE the right to be present and to be heard if he desires. So I have prepared a resolution, for the present consideration of which I ask unanimous consent. It simply extends the life of the committee and extends the life of the resolution to which I have referred. I ask for its present consideration.

The VICE PRESIDENT. The clerk will read the resolution. The Chief Clerk read the resolution (S. Res. 341), as follows: Resolved, That Senate Resolutions 195, 227, 258, and 324 of the Sixtyninth Congress and Senate Resolution 2 of the Seventieth Congress be, and the same are hereby, continued in full force and effect and to the same extent as though herein fully set forth until the special committee appointed under said Senate Resolution 195 is finally discharged by the Senate, and said special committee is hereby continued in office during the interim between the final adjournment of the Seventieth Congress and the convening of the first session of the Seventy-first

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Congress and thereafter during the life of said Congress unless sooner discharged by the Senate.

Mr. REED of Pennsylvania. Mr. President, I think the attitude of the Senator from Nebraska in this matter is entirely fair. I have no doubt but that the committee is continued by the resolutions already adopted by the Senate, but in order that there may be no doubt in anyone's mind I am perfectly willing to have the resolution adopted, and I join with the Senator from Nebraska in asking unanimous consent that it may be considered now.

The Senate, by unanimous consent, proceeded to consider the resolution.

Mr. BLEASE. Mr. President, I do not expect to object to the adoption of the resolution. But we hear a great deal of talk about the Constitution. We hear nearly every day in the Senate about somebody violating the Constitution; somebody not in connection with the reapportionment bill and what a great violation of the Constitution it is not to reapportion the country. I would like to know where there could be a greater violation of our oaths than when we deprive the State of Pennsylvania or any other State of its representation in this body?

doing this and somebody not doing that. Last night we heard it

Pennsylvania is a sovereign State and has a right to have two representatives in this body. I suppose I am just about as far politically from Pennsylvania as any man in the world, but I do not think this matter should be carried over in this manner. I believe we ought to be men enough to meet the issue. If we are going to let Mr. VARE have his seat, let him have it and let the State of Pennsylvania have her two Senators as she is allowed to have them under the Constitution of the United States. If we are not going to let Mr. VARE have his seat, then it is our duty to so declare in order that the State of Pennsylvania may have the opportunity to fill the vacancy and have her representation as she is allowed and as she is required to have it under the Constitution of the United States.

If the Senator from Pennsylvania, who represents his State, is willing to have the resolution considered I have not any objection, but I want to say now that Senators should quit talking about the Constitution, whether it is in reference to a half pint of liquor or reapportionment or whatever else it may be, as long as they sit in this body and deprive the sovereign people of a sovereign State from their proper representation in this body. Mr. REED of Pennsylvania. Mr. President, I feel as the Senator from South Carolina does about the constitutional rights of the State of Pennsylvania, but I realize that those rights are not likely to be accorded by opposing the resolution submitted by the Senator from Nebraska. Therefore I hope it will be adopted.

Mr. HEFLIN. Mr. President, buying by anybody of a seat in this body is a very serious question. The purchase of a seat here as men buy seats on the stock exchange is shocking, insulting, and dangerous to our free institutions. I think the sooner the Senate acts upon the Vare case the better it will be for the Senate and for the country. Mr. VARE has either acquired his seat corruptly or he has not. The Senate thus far has denied him the right to a seat here because of the fearful things disclosed in the testimony. During that time the State of Pennsylvania, as the Senator from South Carolina has said, has been represented by but one Senator in this body.

So, Mr. President, the Senate ought to get early action upon the Vare case. We all sympathize with Mr. VARE in his illness. I do. I served with him in the House. I like him personally. He is a very clever man. But we can not afford to let our sympathies, our likes and dislikes for a person control our action here. The Senate must be firm and steadfast in the position 4331

A memorial to the honorable Secretary of Agriculture of the United States advocating the establishment and promulgation of grades and standards of wheat which shall take into account its protein content To the honorable Secretary of Agriculture of the United States: Your memorialists, the Twenty-first Legislative Assembly of the State of Montana, respectfully represent that:

Whereas the protein content of wheat is an important factor in determining its quality; and

Whereas the present grades and standards of wheat, as fixed by your honorable Secretary, are established without regard to said protein content; and

Whereas your memorialists believe that this important qualitydetermining factor should be taken into consideration as an element entering into the establishment of grades of wheat; that if grades and standards are established giving due regard to the quality of the wheat as determined by its protein content, such action will promote a more uniform market for wheat throughout the United States; will enable the producer thereof to obtain and the purchaser to pay the true value thereof; will eliminate the competition between millers that now arises by virtue of the fact that millers in some parts of the country refuse to pay a price for wheat that is based upon its milling quality as determined by its protein content, while in other parts of the country the millers pay a premium above the regular market price for high protein wheat, and that this difference in price is reflected in the prices of flour quoted to purchasers thereof, to the disadvantage of the miller paying the said premium; that the establishment of such grades and standards would prevent territorial discrimination in the prices paid producers of wheat, and would promote the raising of a better quality of wheat, facilitate the handling thereof, and tend to establish uniform prices therefor: Therefore be it

Resolved by the Twenty-first Legislative Assembly of the State of Montana, That we do hereby memorialize the honorable Secretary of Agriculture of the United States that he establish and promulgate grades and standards of wheat, which said grades and standards shall take into account the protein content of the wheat; and be it further Resolved, That a copy of this memorial be forwarded to the honorable Secretary of Agriculture of the United States and to each of the Senators and Representatives in Congress from Montana.

Approved by J. E. Erickson, governor, February 19, 1929.

Mr. WALSH of Montana also presented a joint memorial of the Legislature of the State of Montana praying for the early passage of a resolution, submitted by Mr. CAPPER, directing the Senate Interstate Commerce Committee to take immediate action relative to special export rates on grain, etc., which was referred to the Committee on Interstate Commerce. (See joint memorial printed in full when presented to-day by the Vice President.)

Mr. BROOKHART presented the following concurrent resolution of the Legislature of the State of Iowa, which was referred to the Committee on Agriculture and Forestry:

House Concurrent Resolution 5 (by committee on agriculture) Whereas the livestock producers of this country are, from justice and

Whereas the American price of wheat is theoretically based upon the surplus minus the transportation charge, which results in discrimination against the American producer because of the fact that the Canadian transportation rate is lower than that of the United States; and

Whereas the Interstate Commerce Commission has heretofore failed to take any action that might remedy this condition in spite of the fact that our agricultural interests have proved that a period of depression in this basic industry exists and has become a matter of serious economic importance: Now therefore be it

Resolved by the Legislative Assembly of the State of Montana, That we do hereby petition the Senate of the United States to take early action upon the special resolution of Senator CAPPER to the end that the Senate Committee on Interstate Commerce will give speedy relief to the American grain growers by the adjustment and establishment of reasonable export grain rates which will meet the competition of the Canadian rates; be it further

Resolved, That a copy of this memorial be transmitted by the secretary of state of the State of Montana to the honorable Senate of the United States and to the Senators from the State of Montana with the request that they exert every effort within their power to bring about the relief herein expressly desired.

Approved by J. E. Erickson, governor, February 19, 1929.

insure most advantageous results to them, governed either by the natural laws of competition and supply and demand or some other system equally effective; and

Whereas during the last few years there is in existence a system of direct or private buying that has so expanded as to endanger, in the opinion of many, the open competitive livestock markets which have been built up in this country over a period of 50 years; and

Whereas it is the opinion of the vast majority of the stock growers that if the open competitive markets do not prevail the direct or private system of buying is, as it operates to-day, dangerous to the livestock interests of the country; and

Whereas approximately 40 per cent of the hogs now being shipped to the big terminal markets are bought in the country by packing agents and shipped to private stockyards and by this system are kept out of the competitive market: Therefore be it

Resolved, That our Representatives in Congress are hereby requested and strongly urged to conduct a thorough and fair investigation of the questions of marketing livestock in all of its phases, especially with respect to the setting up of some form which will be satisfactory to livestock producers if the competitive market is becoming obsolete; such investigation to be made on a basis which will inspire confidence in the conclusions and result among the producers, the consumers, and the packers, the stockyards and all other marketing agencies; that will tend to settle adequately the questions which have perplexed the country

and Congress so much in the past, concerning marketing problems of the livestock industry; be it further

Resolved, That a copy of this resolution be sent to each of our Representatives in Congress.

J. H. JOHNSON,

Speaker of the House. ARCHER MCFARLAND, President of the Senate.

I hereby certify that the foregoing concurrent resolution was duly adopted by the Forty-third General Assembly of the State of Iowa. A. C. GUSTAFSON, Chief Clerk of the House.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee, one of its clerks, announced the House had passed the following bills and joint resolution of the Senate, severally with an amendment, in which it requested the concurrence of the Senate:

S. 3001. An act to revise the north, northeast, and east boundaries of the Yellowstone National Park in the States of Montana and Wyoming, and for other purposes;

S. 4385. An act to establish the Teton National Park in the State of South Dakota, and for other purposes;

S. 4517. An act appropriating tribal funds of Indians residing on the Klamath Reservation, Oreg., to pay expenses of the General Council and Business Committee, and for other purposes;

S. 5095. An act to amend section 1, rule 3, subdivision (e), of an act to regulate navigation on the Great Lakes and their connecting and tributary waters, enacted February 8, 1895, as amended May 17, 1928;

S. 5255. An act for the relief of present and former postmasters and acting postmasters, and for other purposes; and

S. J. Res. 201. Joint resolution restricting the Federal Power Commission from issuing or approving any permits or licenses affecting the Colorado River or any of its tributaries, except the Gila River.

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

S. 1168. An act to amend an act entitled "An act to authorize the collection and editing of official papers of the Territories of the United States now in the national archives," approved March 3, 1925;

S. 4528. An act authorizing the Secretary of the Interior to employ engineers and economists for consultation purposes on important reclamation work;

S. 4778. An act authorizing the Moundsville Bridge Co. to construct a bridge across the Ohio River at or near the city of Moundsville, W. Va.;

S. 5350. An act to amend the air commerce act of 1926 with reference to the examination and rating of schools giving instruction in flying; and

S. J. Res. 196. Joint resolution authorizing and requesting the President of the United States to take steps in an effort to protect citizens of the United States in their equitable titles to land embraced in territory to be transferred from the State of Oklahoma to the State of Texas and from the State of Texas to the State of Oklahoma as per decree of the Supreme Court of the United States in the case of Oklahoma v. Texas (1926, 272 U. S. 21, p. 38), and to give the consent of Congress to said States to enter into a compact with each other and with the United States relating to such subject matter.

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

H. R. 8746. An act to regulate the height and exterior design and construction of public and private buildings in the National Capital fronting on or located within 200 feet of a public building or public park;

H. R. 11476. An act to authorize the Postmaster General to impose demurrage charges on undelivered collect-on-delivery parcels;

H. R. 11801. An act to amend sections 726 and 727 of title 18, United States Code, with reference to Federal probation officers, and to add a new section thereto;

H. R. 11802. An act establishing under the jurisdiction of the Department of Justice a division of the Bureau of Investigation to be known as the division of identification and information;

H. R. 11916. An act to provide for the care and preservation of certain land and monuments in the Washington Parish Burial Ground (Congressional Cemetery);

H. R. 13211. An act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes;

H. R. 13857. An act to amend the act entitled "An act for the relief of contractors and subcontractors for the post offices and other buildings and work under the supervision of the Treasury Department, and for other purposes," approved August 25, 1919, as amended;

H. R. 14449. An act to establish a national military park to commemorate the Battle of Kings Mountain;

H. R. 14938. An act to provide for the use of net weights in interstate and foreign commerce transactions in cotton, to provide for the standardization of bale covering for cotton, and for other purposes;

H. R. 15218. An act to amend section 8 of the act entitled "An act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes," approved June 30, 1906, as amended;

H. R. 15656. An act to provide for the erection of monuments at Dalton, Resaca, Cassville, and New Hope Church, in the State of Georgia, in commemoration of these historic points and battle fields of the Sherman-Johnston campaign in 1864, and to provide for the erection of markers at other points of historic interest along the Sherman-Johnston line of march;

H. R. 15727. An act to relinquish all right, title, and interest of the United States in certain lands in the State of Washington;

H. R. 15850. An act authorizing the Bainbridge Island Chamber of Commerce, a corporation, its successors and assigns, to construct, maintain, and operate a bridge across Agate Pass connecting Bainbridge Island with the mainland in Kitsap, County, State of Washington;

H. R. 16036. An act to authorize the cession to the city of New York of land on the northerly side of New Dorp Lane in exchange for permission to connect Miller Field with the said city's public sewer system;

H. R. 16167. An act to amend an act entitled "An act creating the United States Court for China and prescribing the jurisdiction thereof" (Public, No. 403, 59th Cong.), and an act entitled "An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921 (Public, No. 238, 66th Cong.);

H. R. 16170. An act authorizing Walter J. Mitchell, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Patuxent River south of Burch, Calvert County, Md.;

H. R. 16209. An act to enable the Rock Creek and Potomac Parkway Commission, established by act of March 4, 1913, to make slight changes in the boundaries of said parkway by excluding therefrom and selling certain small areas, and including other limited areas, the net cost not to exceed the total sum already authorized for the entire project;

H. R. 16214. An act authorizing the sale of all of the interest and rights of the United States of America in the Columbia Arsenal property, situated in the ninth civil district of Maury County, Tenn., and providing that the net fund be deposited in the military post construction fund, and for the repeal of Public Law No. 542 (H. R. 12479), Seventieth Congress;

H. R. 16314. An act to amend section 198 of the Code of Law for the District of Columbia;

H. R. 16349. An act authorizing V. Calvin Trice, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Choptank River at or near Cambridge, Md.;

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H. R. 16393. An act to include henceforth, under the designation storekeeper-gaugers," all positions which have heretofore been designated as those of storekeepers, gaugers, and storekeepergaugers; to make storekeeper-gaugers full-time employees, and for other purposes;

H. R. 16394. An act to authorize the United States to be made a party defendant in any suit or action which may be commenced by the State of Oregon in the United States District Court for the District of Oregon, for the determination of the title to all or any of the lands constituting the beds of Malheur and Harney Lakes in Harney County, Oreg., and lands riparian thereto, and to all or any of the waters of said lakes and their tributaries, together with the right to control the use thereof, authorizing all persons claiming to have an interest in said land, water, or the use thereof to be made parties or to intervene in said suit or action, and conferring jurisdiction on the United States courts over such cause;