11072 The bill does three things, First, it authorizes the American section of the Boundary Commission to buy land and facilities which will be flooded when the Falcon Dam in Texas is completed. Sec- ond, it authorizes the purchase or con- demnation of about 470 acres of land near Andrade, Calif., from the Imperial irrigation district. This is all right with the district and with the Senators from California. Third, the bill authorizes the Commission to do some things which have bcen authorized heretofore on an annual basis in the appropriations bills. There is no opposition to the bill, and it does not authorize the appropriation of new money. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (S. 3934) to amend the act of May 13, 1924 (43 Stat. 118), as amended, relating to the United States-Mexican boundary, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted ete., That the act of May 13, 1924 (43 Stat. 118), as amended by the public resolution of March 3, 1927 (44 Stat. 1403), the act of August 19, 1935 (49 Stat. 660), and the act of May 22, 1936 (49 Stat. 1370), is hereby further amended by adding thereto the following sections: “Sec. 6. The Secretary of State, acting through the United States Commissioner, In- ternational Boundary and Water Commis- sion, United States and Mexico, in connection with any project under the jurisdiction of the United States section, International Boundary and Water Commission, United States and Mexico, is authorized, (a) to pur- chase, or condemn, lands, or interests in lands, for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsover, the relocation of which, in the judgment of the said Commissioner, is neces- sitated by the construction or operation and maintenance of any such project, and to perform any or all work involved in said re- locations on said lands, or interests In lands, other lands, or interests in lands, owned and held by the United States in connection with the construction or operation and mainte- nance of any such project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any, or all, property needed for said relocation, or to perform any, or all, work involved in said relocations; and (c) for the purpose of ef- fecting complotely said relocations, to con- vey, or exchange Government properties ac- quired or improved under clauce (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said proj- ect, or to grant term or perpetual easements therein,or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secrotary of State without regard to provisions of law governing the patenting of public lands. “Sec. 7. The United States Commissioner is authorized to construct, equip. and operate and maintain all access roads, highways, railways, power lines, buildings, and facili- ties necessary in connection with any such project, and in his discretion to provide housing, subsistence, and medical and rec- reational facilities for the Officers, agents, and employees of the United States, and/or for the contractors and thelr employees en- gaged in the construction, operation, and maintenance of any such project, and to make equitable charges thprefor, or deduc- tions from the salaries and wages due em- CONGRESSIONAL RECORD—SENATE ployees, or from progress payments due con- tractors, upon such terms and conditions as he may determine to be to the best interest of the United States, the sums of money s0 charged and collected or deducted to be credited to the appropriation for the project current at the time the obligations are incurred. “Szc.8. The United States Commissioner, in order to comply with the provisions of articles 12 and 23 of the treaty of February 3, 1944, between the United States and Mex- ico, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande below Fort Quitman, Tex., is authorized to acquire, in the name of the United States, by purchase or by proceed- ings in eminent domain, the physical prop- erties owned by the Imperial Irrigation Dis- trict of California, located in the vicinity of Andrade, Calif., consisting of the Alamo Canal in the United States, the Rockwood Intake, the Hanlon Heading, the quarry, buildings used in connection with such fa- cilities, and appurtenant lands, and to re- construct, operate, and maintain such prop- ertics in connection with the administration of said treaty. “Sec.9. Funds heretofore or hereafter ap- propriated to the Department of State under the heading ‘International Boundary and Water Commission, United States and Mex- ico’ or for the use of the United States Sec- tion of said Commission shall be available for construction, operation, and maintenance of stroam gaging stations, and their equip- ment and sites therefor; personal services and rent in the District of Columbia and elsewhere; services, including those of attor- neys and appraisers, in accordance with the provisions of section 15 of the act of August 2, 1946 (5 U. S. C., sec. 55a), at rates for individuals not in excess of $100 per diem, and the United States Commissioner 1s hereby authorized, notwithstanding tho pro- visions of any other act, to employ as con- sultants, by contract or otherwise, without regard to the Classification Act of 1923, as amended, and the civil-service laws and regulations, retired personnel of the Armed Forces of the United States, who shall not be required to revert to an active status, and who shall be entitled to receive, as compen- sation for such temporary service, the dif- ference between the rates of pay established therefor and their retired pay during the period or periods of such temporary em- ployment; travel expenses, including, in the discretion of the Commissioner, expenses of attendance at meetings of organizations con- cerned with the activities of the Interna- tional Boundary and Water Commission which may be necessary for the efficient dis- charge of the responsibilitles of the Com- mission; hire, with or without personal sery- ices, of work animals, and animal-drawn and motor-propetled (including passenger) vehicles and aircraft and equipment; ac- quisition by donation, purchase, or condem- nation, of real and personal property, in- cluding expenses of abstracts, certificates of title, and recording fees; purchase of ice and drinking water; inspection of equipment, supplies, and materials by contract or other- wise; drilling and testing of foundations and dam sites, by contract if deemed necessary; payment for official telephone service in the fleld in case of official telephones installed in private houses when authorized under regulations established by the Commissioner; purchase of firearms and ammunition for guard purposes; and such other objects and purposes as may be permitted by this act and other laws and treaties applicable, in whole or in part, to the United States sec- tion: Provided, That, when appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the United States Commissioner, notwithstanding the provisions of .sections 3679, 3732, and 3733 of the Revised Statutes or any other law, JULY 26 may enter into contracts beyond the amount actually appropriated for so much of the work on any such authorized project as the physical and orderly sequence of construc- tion makes necessary, such contracts to be subject to and dependent upon future ap- propriations by Congress.” COLLECTION, ETC., OF DEMAND ITEMS BY DISTRICT OF COLUMBIA BANKS The bill (H. R. 8035) relating to the collection, payment, and dishonor of de- mand items, and to the revocation of credit for, and payment of, such items, by banks in the District of Columbia was announced as next in order. Mr. LANGER. Mr. President, may we have an explanation of the bill? Mr. HUNT. Mr. President, this bill simply allows banks in the District of Columbia to post checks to individual accounts on the day following the re- ceipt of the checks. It is similar to legis- lation which is in effect in about six States of the Union at the present time. The practice has been authorized by the Board of Governors of the Federal Re- serve Board. It is approved by the American Bankers Association. It is approved and requested by the District of Columbia Bankers Association. Mr. LANGER. MYr. President, will the Senator yield further? Mr. HUNT. I yield. Mr. LANGER. Can the Senator give us a concrete example of exactly how the bill would operate? Mr. HUNT. I think I can. If the Senator should write a check and it were to be presented to the bank today, under this bill it would be legal for that check to be taken into the bank account as cf tomorrow. Mr. LANGER. Mr. President, I have no objection. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (H. R. 8055) relating to the collection, payment, and dishonor of demand items, and to the revocation of credit for, and payment of, such items, by banks in the District of Columbia was considered, or- dered to a third reading, read the third time, and passed. TWO ADDITIONAL DISTRICT JUDGES FOR NORTHERN DISTRICT OF ILLINOIS The bill (S. 2707) to authorize the ap- pointment of two additional district judges for the northern district of Ili- nois was announced as next in order. Mr. McCARRAN. Mr. President, there is a companion House bill which has just come to the Senate. It is House bill 6454. The companion House bill should be amended and then substituted for the Senate bill. The Senate bill increases the number of judgeships in the north- ern district of Illinois from six to eight. The evidence presented before the com- mittee justifies this increase. The Jus- tice Department favors the bill. The six present district judges favor the bill. The Judicial Conference favors the bill. The chief judge of the Court of Appeals of the Seventh Circuit favors the bill. The Administrative Office of the United States Courts has submitted statistics to justify the bill, This district is compara- ble to the northern district of California
1950 and the eastern district of Pennsylvania, both of which received two additional judges a year ago. Mr. HENDRICKSON. Mr. President, may I ask the distinguished Senator from Nevada whether the Committee on the Judiciary was unanimous in reaching the decision that there was need for these two judges? Mr. McCARRAN. Yes; it was unani- mous in its opinion. Mr. President, the House bill should be considered. The House bill should be amended to conform to the Senate bill and then the Senate bill should be indefi- nitely postponed. The PRESIDING OFFICER. Is there objection to the substitution of the House vill for the Senate bill? There being no objection, the Senate proceeded to to consider the bill (H. R. 6454) to authorize the appointment of two additional district judges for the northern district of Illinois. The PRESIDING OFFICER. Permit the Chair to state the situation before the Senafe. The Senator from Nevada offers an amendment to strike out all after the enacting clause in the House bill, and to substitute therefor the lan- guage of the Senate bill. The amend- ment, which is the language of the Sen- ate bill, will be stated. The LEGISLATIVE CuERK. It is pro- posed to strike out all after the enacting clause and insert: That the President shall appoint, by and with the advice and consent of the Senate, two additional district Judges for the north- ern district of Illinois. Accordingly, title 28, United States Code, section 133, is amended to read as follows with respect to said dis- trict: “Districts Judges Tilinois *. . e s * Northern. ~~ ..--2---- eee 8 * * * ° Par The PRESIDING OFFICER. The question is on agreeing to the amend- ment, The amendment was agreed to. Mr. WATKINS. Mr. President, re- serving the right to object, let me ask what was done when the bill increasing the number of judicial posts throughout the United States was passed a year ago. Was not this matter considered at that time? Mr. McCARRAN. It was not consid- ered at that time. However, since then it has been brought to the attention of the various authorities, including the Judicial Conference and others, and is now approved by all of them. The workload of the northern district, which embraces the city of Chicago, shows the necessity for additional judi- cial officers, Mr. WATKINS. Why was not this matter considered at the time when the general increase of judicial posts was made, under a previous bill? Mr. McCARRAN. At that time the Judicial Conference had not passed on the subject. It was pending before the Judicial Conference at that time. Iam advised that since then, they have passed on it and have approved it. Mr. WATKINS. There was provi- sion in the other bill for an increase CONGRESSIONAL RECORD—SENATE in the number of judgeships in the city of Chicago, was there not? Mr. McCARRAN. Not for the north- ern district, as I recall, The PRESIDING OFFICER. ‘The question is on the engrossment of the amendment and the third reading of the The amendment was ordered to be en- grossed, and the bill to be read a third me, The bill (H. R. 6454) was read the third time and passed. The PRESIDING OFFICER. Without objection, Senate bill 2707 will be in- definitely postponed. MAILING OF OBSCENE MATTER The bill (S. 3800) to amend title 18 of the United States Code, relating to the mailing of obscene matter, was con- sidered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the first paragraph of section 1461 of title 18 of the United States Code is amendcd to read as follows: “Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and * * *," Src. 2. The fifth paragraph of section 1461 of title 18, United States Code, reading Every letter, packet, or package, or other mail matter containing any filthy, vile, or inde- cent thing, device, or substance; and” is hereby repealed. TEMPORARY APPOINTMENT OF REFEREES IN BANKRUPTCY The bill (S. 3921) to provide for the temporary appointment of referees in bankruptcy, and for other purposes, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr, KILGORE. Mr. President, I have not had time to take up this matter with the chairman of the Judiciary Commit- tee. The bill was reported recently. After it was reported, I appeared before the House Judiciary Committee, because the matter constitutes an emergency in my State, and it may become an emer- gency in other States. The members of the House committee declined to go along with our theory re- garding the bill, which calls for the tem- porary appointment of referees in the case of the absence because of illness of the regular referees in bankruptcy. In- stead, the House committee reported yes- terday an amendment providing for the assignment of referees from other dis- tricts by the senior circuit court judge. Such a provision is proposed in order to remove all the red tape now existing, for at the present time in order to have a referee appointed, to replace a referee who is il], it is necessary to obtain per- mission from the referee who is il], and also from the referee who is requested to temporarily take the place of the referee who is ill; and permission must also be obtained in regard to the payment of the expenses of the referee who takes the place of the one who is ill. Then it is necessary to obtain the permission of the district judge, and then the permis- sion of the administrative officer in Washington, and then the permission of the conference of senior circuit court judges. 11073 The amendment proposed by the House of Representatives provided that the judge of the district court in which the situation arises shall certify or pass on to the senior circuit court judge of his circuit the request for the appointment of a temporary referee, and the senior circuit court judge of the circuit shall assign a referee from another district, who simply would have to take the place of the sick referee, either temporarily or until a new referee was available and entered upon the performance of the duties. The PRESIDING OFFICER. The question is, Is there objection to the con- sideration of the bill? Mr. HENDRICKSON. Mr. President, will the Senator inform the Senate what is meant, in the title of the bill, by the words “and for other purposes’? Mr. KILGORE. Isuppose those words are simply the customary ones, and were placed there by the legislative drafting service, because actually there are no other purposes to be served—nothing ex- cept to make it possible to obtain a tem- porary referee in bankruptcy. Mr. President, I now ask for the sub- stitution of the House version, in order to expedite this matter. In my State the situation is desperate. We have a referee who has been sick for 6 months; and as a result, bankrupt estates are being wasted and coal mines are being wrecked, and many other seri- ous problems have developed. We are simply desperate to get a referee; but under the present procedure we have not been able to get one. So, to expedite the handling of this matter, I shall offer the amendment to which I have referred, and shall ask to have the present text of the Senate bill stricken out. Mr. President, I ask that the amend- ment be stated, for the information of the Senate. The PRESIDING OFFICER. First of all, the question is, Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to ask the distinguished Senator from West Virginia a question. If the referee is in the physical condition which has been described, why does he not re- sign? If the referee is incompetent be- cause of illness, why does he stay in office? Mr. KILGORE. He thinks he will re- cover. The doctors say he will recover. Of course, referees are appointed for a term of 4 years, but the appointment is actually a lifetime one. Under the cir- cumstances, they naturally hesitate to give up their jobs; and they cannot be removed from office, except for miscon- duct. There is no way to get a temporary replacement, except by the long-drawn- out process I have mentioned. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. McCARRAN. Mr. President, I do not like to object; but if the bill is going to take the course the Senator from West Virginia has proposed, I think Tf shall be constrained to object.
11074 There is a reason for the objection. I now address mysclf to the amendment which I understand the Senator from West Virginia is prepared to offer. Refcrees in bankruptcy are on salary. The salaries differ, as between different locations and different referees in bank- ruptcy—depending upon the particular locality in which the referee serves. There may be a referee in bankruptcy who receives a salary of $2,400 a year or $2,000 a year, and he may not have a great workload. However, as I under- stand the language proposed, it would permit the selection of a referee receiv- ing such a salary to serve in a district where the salary being paid is $6,000. Under such circumstances, who would receive the salary of $6,000? Would the referee who was ill and could not then do the work receive the $6,000 salary, or would that salary be received by the referee who came there to do the work for the temporary period? . So it seems to me that inasmuch as this matter has not been considered by the Judiciary Committee, the bil) should be sent back to the Judiciary Committee, if this amendment is to persisted in. The PRESIDING OFFICER. The question before the Senate is, Is there objection to the present consideration of the bill? Mr. WHERRY. Mr. President, let me inquire the calendar number of the bill, please. The PRESIDING OFFICER. Calendar No. 2104, Mr. McCARRAN, Mr. President, I do not wish to object. The bill was ap- proved by the Judiciary Committee in the form in which it was presented by the Senator from West Virginia. I do not wish to object to consideration of the bill; I would rather have it go through. However, if the amendment which has been referred to is to be persisted in, I shall be forced to object. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (S. 3921), The PRESIDING OFFICER. Let the amendment of the Senator from West Virginia be stated. Mr. KILGORE. Mr. President, under the circumstances I would rather take the bill to conference. Therefore, I with- draw the amendment, and ask for con- sideration of the bill in the form in which it was reported and placed on the cal- endar; and I shall try to obtain a speedy conference with the House. The PRESIDING OFFICER. If there he no amendment to be proposed, the question is on the engrossment and third reading of the bill. The bill (S. 3921) was ordered to he engrossed for a third reading, read the third time and passed, as follows: Be it enacted, etc., That section 43 of the act entitled “An act to establish a uniform system of bankruptcy throughout the United States,” approved July 1, 1898, as amended, is amended by adding at the end thereof the following new subsection: “da. Whenever the office of a referee is vacant the judge or the chief Judge of the district may, with the approval of the Director as to the necessity therefor, appoint It is CONGRESSIONAL RECORD—SENATE temporartly a referee who shall serve at such salary us may be fixed by the Director to serve until the conference shall have acted with reference to the vacancy as provided by section 43b. Whenever a referee is tempo- rarily absent or unable because of Illness or for other reasons to act, the judge or the chief judge of the district may, with the ap- proval of the Director as to the necessity therefor, appoint temporarily a referee who shall serve at such salary and for such period of time as may be fixed by the Director. Any salary fixed pursuant to this subsection shall be subject to the limitations prescribed by section 40 of this act.” RETURN OF VESTED PROPERTY TO WOMEN WHO ARE NOW AMERICAN CITIZENS—BILL PLACED AT FOOT OF THE CALENDAR The bill (S. 1292) to amend sec. 32 (a) of the Trading With the Enemy Act was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. SCHOEPPEL. Mr. President, re- serving the right to object, may we have an explanation of the bill? Mr. McCARRAN. Mr. President, I ask that the bill go to the foot of the calen- ar. The PRESIDING OFFICER. Unani- mous consent is requested that the bill be placed at the foot of the calendar. Is there objection. Without objection, it is so ordered. DODGE COUNTY, WIS. The bill (S. 3585) for the rellef of Dodge County, Wis., was concidered, ordered to be engrossed for a third read- ing, read the third time, and passed, as follows: Be it enacted, etc., That the Secretary of the Interior {s authorized and directed to pay, out of funds appropriated for the Fish and Wildlife Service, to the Wisconsin State Hughway Commission for credit to the Dodge County allotment for State trunk highway improvement, the sum of 837,638, in full settlement of all claims against the United States for compensation for the abandonment of that portion of the Marsh Road, known as STH No. 49, within the boundary limits of the Horicon National Wildlife Refuge. Mr. McCARRAN subsequently said: Mr. President, I ask unanimous consent at this time to revert to Senate bill 3585, My reason for making this request is that the Senator from Wisconsin requested that I ask that it be amended when it was being considered. I overlooked the matter. There should be an amendment, “not to exceed 10 percent shall be paid for attorneys’ fees,” in proper language. The PRESIDING OFFICER. Is there objection to the request? The Chair hears none, and the Senate will return to the consideration of Calendar No. 2106, the bill (S. 3585) for the relief of Dodge County, Wis. Mr. McCARRAN. Mr. President, I move as an amendment, at an appropri- ate place, the insertion of a provision that “not to exceed 10 percent shall be paid for attorneys’ fees.” The PRESIDING OFFICER. question is on the amendment. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The JULY 26° FORMER SHAREHOLDERS OF GOSHEN VENEER CO.—BILL PLACED AT FOOT OF CALENDAR The bill (S. 410) for the relief of the former shareholders of the Goshen Ve- neer Co., an Indiana corporation, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. CHAVEZ. Let the bill go over. The PRESIDING OFFICER. Objec- tion being heard, the bill will be passed over. Mr.DONNELL. Mr. President, in con- nection with Senate bill 410, I should like to ask for certain information. I did not hear it announced, I should like to ask, if I may, who was the objector to that bill? The PRESIDING OFFICER. It was objected to by the Senator from New Mexico | Mr. CHavez]. Mr. DONNELL. I thank the Chair. Mr. CHAVEZ. Mr. President, I may say that my reason for asking that the bill go over was the fact that the Sena- tor from Indiana [Mr. CaPenart] was ab- sent. It appears that he was the author of the bill. The bill provides for the sum of $513,434, a little more than half a million doilars. The Senator was not on the ftoor at the time, and I wanted an ex- planation as to the amount of money proposed to be appropriated. Mr. DONNELL. Mr. President, I may say to the senior Senator from New Mex- ico that the Senator from Indiana [Mr. CarEHART] knew that this matter was coming up this afternoon, and spoke to me ahout it. I did not take any action, when there was objection. I should like, if there is no objection by the Senator from New Mexico, to have this bill go to the foot of today’s calendar, and be con- sidered later. Mr. CHAVEZ. I do not know anything about that, but it appears to me that when a bill providing for such a large sum of money is on the Consent Calendar, it should at least be explained. Mr. DONNELL. Mr. President, I had intended to explain it. I presented the report. The PRESIDING OFFICER. Is there objection to the bill being placed at the foot of the calendar? The Chair hears none, and it is so ordered, APPROVAL OF CONTRACT WITH OGDEN RIVER WATER USERS’ ASSOCIATION The bill (S. 3832) to approve a con- tract negotiated with the Ogden River Water Users’ Association, to authorize its execution, and for other purposes, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr, HENDRICKSON. Mr. President, the junior Senator from New Jersey will appreciate an explanation of the bill, Mr, WATKINS, Mr. President, am I correct that we are now considering Senate bill 3832? The PRESIDING OFFICER. That is correct, Mr. WATKINS. That is a bill to au- thorize a new repayment contract be-
1950 tween the Ogden River Water Users’ As- sociation and the United States Govern- ment, and it has to do with a reclama- tion project which was completed a num- ber of years ago. The water users had been paying for a number of years, and they now find that the terms of the con- tract required them to pay out too rap- idly. They cannot meet the annual pay- ments. The area is largely a fruit. growing section, and, by reason of the heavy losses caused by hard winters and frosts and the rather speculative nature of fruit-growing in general, they cannot meet their payments. They have been going along doing the best they could. They have asked for relief. Under the act passed by the Coneress, the Bureau of Reclamation has negoti- ated with them a new contract which gives them additional time. They still must pay all the money, but it gives them additional time in which to pay it. The contract has been negotiated, it is ap- proved by the Bureau of Reclamation, the bill was reported unanimously by our committee, and in my opinion, it is @ good one. I know the people person- ally. Ihave gone over the contract with them. I have gone over their reasons for requiring additional time, and I am sat- isfied that it isa good contract. The fact of the matter is, I had a bill prepared and was going to introduce it, when I found that my colleague had already introduced one, so I urged in committee that his bill be favorably reported. The PRESIDING OFFICER. Is there objection? There being no objection, the Senate proceeded to consider the bill (8. 3832) to approve a contract negotiated with the Ogden River Water Users’ Asso- ciation, to authorize its execution, and for other purposes, which had been re- ported from the Committee on Interior and Insular Affairs with an amendment after line 8, to strike out: Src. 2. This act is declared to be a part of the Federal reclamation laws as these are defined by the Reclamation Project Act of 1989 (53 Stat. 1187).- So as to make the bill read: Be it enacted, etc., That the contract dated May 23, 1960, negotiated by the Secretary of the Interior with the Ogden River Water Users Association pursuant to subsection (a) of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1187), 18 approved, and the Secretary is hereby authorized to execute it on behalf of the United States. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. APPROVAL OF CONTRACT WITH SOUTH CACHE WATER USERS’ ASSOCIATION The bill (S, 3833) to approve a con- tract negotiated with the South Cache Water Users’ Association, to authorize its execution, and for other purposes, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Reserving the right to object, may I ask the distin- guished Senator from Utah whether the explanation given on the preceding bill likewise applies to this bill? CONGRESSIONAL RECORD—SENATE Mr. WATKINS. Not exactly. The reasons are not the same. It is an ex- tension of time within which to repay the costs of this reclamation project. But in this particular instance, the origi- nal incorporators and the origina] sign- ers of the contract thought they were going to have additional stock sold for this irrigation project, but some 3,000 or 4,000 shares were unsold. It was on the basis of a larger selling of shares and a greater participation that they agreed to pay on the terms they agreed to. It has proved as a matter of practice that they cannot meet those payments. The additional stock was not sold, so the original farmers on this particular proj- ect have had to take on the additional burden. The Bureau of Reclamation has renegotiated a contract under exist- ing law, which gives them additional time—some 16 years—in which to repay. It has been approved al] along the line. I think it is a good bill. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (S. 3833) to approve a contract negotiated with the South Cache Water Users’ Associa- tion, to authorize its execution, and for other purposes, which had been reported from the Committee on Interior and In- sular Affairs with an amendment after line 8, to strike out: 8krc. 2. This act is declared to be a part of the Federal Reclamation laws as these are defined by the Reclamation Project Act of 1939 (53 Stat. 1187). So as to make the bill read: Be tt enacted, etc., That the contract dated May 24, 1950, negotiated by the Secretary of the Interior with the South Cache Water Users’ Association pursuant to subsection (a) of section 7 of the Reclamation Project Act of 1939 (58 Stat. 1187), is approved, and the Secretary is hereby authorized to execute it on behalf of the United States. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. REGULATION OF FUNDS OF SENECA INDIANS The Senate proceeded to consider the bill (H. R. 4942) to regulate the collec- tion and disbursement of moneys real« ized from leases made by the Seneca Na- tion of Indians of New York, and for other purposes, which had been reported from the Committee on Interior and In- sular Affairs with amendments on page 2, line 3, after the word “leases"’, to in- sert a colon and the following additional proviso: Provided further, That nothing herein con- tained shall be construed to authorize the city of Salamanca to grant new leases, or to modify, change, or alter existing leases, except with the consent of the Seneca Nation and upon terms agreeable to the Seneca Na- tion, such consent and such agreement to be obtained from such officer or agency of the Seneca Nation as may be duly authorized by the Seneca Nation to give such consent or arrive at such agreement, On page 2, after line 11, to insert: Sec. 2. Nothing in this act shall be con- strued as waiving the rights or title of the 11075 Seneca Nation to the lands referred to in the first section of this act, nor shall such Tights or title be abridged except as may be hereafter provided by the United States in full consideration of the rights of the Sen- eca Nation. In line 18, to change the section num- ber from “2” to “3”; in line 23, after the word “basis.”, to insert “The Council of the Seneca Nation shall keep complete and detailed record of all payments and disbursements from the sum so set aside, and shall make such records available for inspection by members of the Seneca Nation at all reasonable times.” ; on page 3, line 3, to change the section number from “3” to “4"" in line 7, after the word “an”, to strike out “he” and insert “the treasurer of the Seneca Nation”; in line 10, after the word “act”, to insert “and shall transmit a copy of this report to the Council of the Seneca Nation and shall make a copy available for inspec- tion by members of the Seneca Nation at all reasonable times.”; in line 14, to change the section number from “4” to “5”; after line 24, to strike out: Src. 5. The Secretary of the Interior is au- thorized, tn his discretion, to transfer to the State of New York or any agency thereof, or to the proper officials of the several tribes any of the official records affecting the Indians of New York State. And in lieu thereof to insert the fol- lowing: Src. 6. The Secretary of the Interior is di~ rected to give to the State of New York or to any authorized agency thereof or to the proper officials of the several tribes copies of official records required by the State, or by any authorized agency thereof or by the of- ficials of the several tribes, to carry out the purposes of this uct or other purposes which, in the discretion of the Secretary of the In- terior, are in the interests of the welfare of the Indians of New York Stute: Provided, That copies as are given to the State of New York or to any authorized agoncy thereof shall be available for inspection at all rea- sonable times by duly authorized representa~ tives of such tribes or of the Six Nations of New York. And on page 4, line 17, to change the section number from “6” to “7,” The amendments were agrecd to. The amendments were ordered to be engrossed and the bill to be read a third time, The bill was read the third time, and passed. Mr. LEHMAN. Mr. President, I ask unanimous consent to have inserted in the Recorp a statement which I prepared on the bill which has just been passed. There being no objection, the state- ment was ordered to be printed in the Recorp, as follows: STATEMENT by SENATOR LEHMAN The purpose of this bill is very simple. The purpose is to make it possible for the city of Salamanca to enter into an arrangement with the Seneca Nation of Indians, on whose property the city of Salamanca stands, for the regular payment of the rental by the city instead of by the individual property holders in Salamanca, This bill, in association with a law enacted by the New York Legislature in 1048, author= izes the city to collect the lease rentals from each lessee on the annual tax bill and then to pay the Indians the annual rental in a lump sum. The city would be authorized to make this payment regardless of whether it
11076 collected from the lessee or not. Such an arrangement would obviate the instability that has been caused by forfeiture of leases on the small plots of land into which the holdings of the Indians are divided. The whole amount of money involved is very small. These leases were originally made xlmost a hundred years ago when Salamanca was but ® small village The total amount of the lease rent due the Indians is about $12,000 a year. This covers property on which the entire city of Salamanca 1s located. The city claims that it has been held back in its expansion by the uncertainty of its relationship with the Indians Now, under the terms of this bill, this relationship {ts to be stabilized and formalized. This bill hay been passed by the House and came to the Interior Committee. The sub- committee, of which I was chairman, held hearings nnd then drafted a scries of amend- ments designed primarily to safeguard the rights of the Indians, not only now but ata future time when the leases expire. That will be in 1991. This bill was voted out of the Interior Committee by unanimous vote. It has the support of my colleague, the senior Senator from New York It has the support of the city officials of Salamanca. I believe it has the support of most of the Indians Every effort was made to meet the objections of the Indians to this measure. Mr, IVES. Mr. President, I also ask unanimous consent that I may have in- serted in the Recorp at this point a state- ment which I had prepared on the bill just now passed. There being no objection, the state- ment was ordered to be printed in the Rercorp, as follows: STATEMENT BY SENATOR IvES At the present time, the Seneca Indian Nation owns—in title fee simple—a consider- able section of lands in upper New York State. These lands are in possession of di- verse leaseholders whose interests have been created by some 3,000 99-year leases, made pursuant to the act of September 30, 1890. Responsibility for collection of the annual rents due on these leaseholds is now vested in an agency of the United States Govern- ment, the Bureau of Indian Affairs, The purpose of this bill is to permit the Seneca Nation to take over this function of collec- tion, now carried on by the Federal Govern~ ment, Two thousand elght hundred of these three thousand Seneca-held leases are located within the city of Salamanca, N. Y. The common council of the city has expressed its willingness to assume the responsibility for collection of rents within Salamanca and to pay this total amount to the Seneca Na- tion. This means that the Indians will be able to collect the great bulk of rents—in a lump sum—from the city. The Seneca Na- tion, acting through its lease committee, has likewise adopted a resolution agreeing to this procedure, The proposed bill would also increase the tribal councll’s annual expense allowance, in accordance with their oft-repeated request, from $2,500 to $5,000. The treasurer of the Seneca Nation would be required to distrib- ute moneys collected to registered members of the tribe, and to file annual reports on uch financial transactions, This legislation represents a further step in the direction of assumption by the Indians of the full responsibilities of citizenship. Its enactment would be a furtherance of the announced congressional policy of withdraw- ing Federal supervision, wherever possible, and of placing management of tribal affairs in the hands of the Indians. CONGRESSIONAL RECORD—SENATE AMENDMENT OF DISTRICT OF COLUMBIA REVENUE ACT OF 1937 The Senate proceeded to consider the bill (S. 3659) to amend title IV of the District of Columbia Revenue Act of 1937, as amended, so as to provide for the issuance of dealers’ identification tags for use on trailers, to provide for the revocation and suspension of dealers’ registration and identification tags, to change the fee for dealers’ identification tags, to provide for the issuance of tem- porary identification tags, and for other purposes, which had been reported from the Committee on the District of Colum- bia with amendments on page 2, line 14, after the word “a”, to strike out “tem- porary use” and insert “special use”; on page 3, line 23, after the word “a”, to strike cut “temporary” and insert “spe- cial”; in the same line, after the word “and”, to strike out “temporary” and in- sert “special use’; on page 4, line 6, after the word “a”, to strike out “temporary” and insert “special”; in the same line, after the word “and”, to strike out “tem- porary” and insert “special use”; in line 8, after the word “a”, to strike out “tem- porary” and insert “special’’; in line 9, after the word “and”, to strike out “tem- porary” and insert “special use”: on page 5, line 17, after the word “a”, to strike out “temporary” and insert “spe- cial’; in line 18, after the word “and”, to strike out “temporary” and insert “special”; in line 20, after the word “of”, to strike out “temporary” and insert “special”; on page 6, line 8, after the word “dealer”, to insert “subject to re- view by the Commissioners under rules and regulations prescribed by them Pending such review, any such order of revocation or suspension shall be stayed unless the Commissioners shall other- wise direct. No order of the director or the Commissioners hereunder shall be set aside or suspended by any court un- less such order js arbitrary or caprici- ous.”; on page 8, line 16, after the word “covered”, to insert “by a dealer’s regis- tration or”; in line 17, after the word “a”, to strike out “temporary” and in- sort “special”; in line 20, after the word “therefore”, to strike out “and” and in- sert “or’’; in line 23, after the word “or”, to strike out “temporary” and insert “special”, and on page 9, line 5, after the word “a”, to strike out “temporary” and insert “special’’, so as to make the bill read: Be xt enacted, etc., That paragraph (e) of section 1 of title IV of the District of Colum- bla Revenue Act of 1937, as amended, is amended to read. “(c) The term ‘dealer’ means any person engaged in the business of manufacturing, distributing, or dealing in motor vehicles or trailers.” Sxc. 2. That section 1 of such title, as amended, is amended by adding at the end of such section the following: “(j) The terms ‘operate’ and ‘operated’ shall include operating, moving, standing, or parking any motor vehicle or trailer on a Pee highway of the District of Colum- Sec. 8. That section 2 of such title, as amended, is amended to read: “(a) No motor vehicle or trailer shall be operated (except motor vehicles or trailers JULY 26 operated by nonresidents, exempted under the provisions of section 8 of the District of Columbia Traffic Act, 1925, as amended, motor vehicles or trailers covered by 4 deal- er'g registration as provided in subsection (b) (1) of this section, and motor vehicles or trailers covered by @ special use certificate as provided in subsection (b) (4) of this section) unless registered in the department of vehicles and traffic of the District of Co- Jumbia by the owner thereof. Upon receipt of an application from the owner of a motor vehicle or trailer and (except in the case of a motor vehicle or trailer covered by sub- section (b) (2) of this section) payment of a registration fee computed as provided in section 8, and if there is in force with re- spect to such motor vehicle or trailer a valid certificate of title issued under the District of Columbia Traffic Act, 1925, as amended, the director shall issue to such owner a regis- tration certificate and identification tags for such motor vehicle or trailer, “(b) The Commissioners of the District of Columbia by regulation shall provide for the issuance by che director— “(1) annually to any dealer, upon pay- ment of the fee prescribed in section 3, of a registration certificate and identification tags bearing a distinguishing dealer's mark, for interchangeable use on motor vehicles and trailers in accordance with regulations promulgated by the Commissioners; “(2) annually, without charge, of certif- icates of registration and identification tags for all motor vehicles and trailers owned by the United States or by the District of Columbia, or officially used by any duly ac- credited representative of a foreign govern- ment; “(3) of duplicate registration certificates or duplicate identification tags, upon proof satisfactory to the director of loss, mutila- tion, or destruction thereof, upon payment of a feo of $1 for each set of duplicate tags or 50 cents for each duplicate registration certificate; and (4) to any percon, upon payment of a fee of $1, of a special uce certificate and special use identification tags bearing a distinguish- ing mark, valid for a period not exceeding 10 days, for use on a motor vehicle or trailer in accordance with regulations promulgated by the Commissioners: Provided, That if any person be convicted of a violation of such regulations, the director may refuse there- after to issue a special use certificate and special use identification tags to such person for a period of 1 year: Provided further, That the issuance of a special use certificate and special use identification tags for a motor vehicle or trailer shall not constitute a regis- tration of such motor vehicle or trailer for any purpose. “(c) Every registration made under this title shall expire at midnight on the last day of the registration year for which the regis- tration was made, unless the time be ex- tended by the Commissioners. Any such registration may be renewed for the ensuing registration year upon application made by the owner during the months of February and March, and upon payment of the fees required by law. During the month of March it shall be lawful to operate a motor vehicle or trailer registered for the ensuing registration year, For the purposes of this title, a registration year shall be deemed to begin on April 1 and end on March 31. “(d) Upon the sale or other transfer to another owner of any motor vehicle or trailer registered under this title, the registration thereof shall expire. The owner selling or otherwise transferring such vehicle or trailer may register another motor vehicle or trailer for the unexpired portion of the registration year upon payment of a fee of $1 and a sum equal to the difference between the rcgistra-
1950 tion fee originally paid and the fee computed for such other motor vehicle or trailer under section 8, in case the latter is the greater. Upon the death of a joint owner of a motor vehicle or trailer registered under this title the registration thereof shall be transferred to the survivor or survivors and the fee for such transfer shal) be @1. “(e) The Commissioners of the District of Columbia are authorized to prescribe such regulations as may be necessary to carry out the provisions of this title and shall prescribe such forms of application for registration and for a special use certificate, such forms of reg- istration and special use certificate, such de- sign of identification tags, and provide for the Keeping of such records of registration and issuance of special use certificates and transfors of registration as will facilitate the identification and the regulation of motor vehicles and trailers operated in the District of Columbia, “(f) The Commissioners of the District of Columbia are further authorized to prescribe regulations under which the director may re- yoke or suspend the registration of any dealer who shall cease to be a dealer as defined in this title, or who shall have violated the pro- visions of this title or the regulations pro- mulgated thereunder by the Commissioners, and to revoke or suspend and provide for the return to the director of all dealers’ identifi. cation tags issued to such dealer, subject to review by the Commisstoners under rules and regulations prescribed by them. Pending such review, any such order of revocation or suspension shall be stayed unless the Com- missioners shal] otherwise direct. No order of the director or the Commissioners here- under shall be set aside or suspended by any court unless such order is arbitrary or ca- prictous.” Sec. 4. That paragraph (a) of section 8 of such title, as amended, is amended to read: “(a) There shall be levied, collected, and paid for each registration year for each motor vehicle or trailer required to be registered hereunder, the registration fee provided in this section.” Ssc. 6. That so much of paragraph (b) of section 3 of such title, as amended, as reads: “Class F. For dealers’ indentification tags, first three sets of tags, @25, and $5 for each additional set.” is amended to read: “Class F. For dealers’ identification tags, first three sets of tags, $50, and 810 for each additional set.” Src. 6. That paragraph (c) and (d) of sec- tion 3 of such title, as amended, are amended to read: “(c) When application for registration of any motor vehicle or trailer or for registra- tion as a dealer or for issuance of dealers’ identification tags is received by the director on or after October 1, the registration fee, or the fee for issuance of dealers’ identification tags shall be one-half the amount otherwise provided. “(d) All proceeds from fees payable under this title and all moneys collected from the motor-vehicle-fuel tax, and fees charged for the titling of motor vehicles and trailers, including fees charged for the issuance of permits to operate motor vehicles, shall be deposited in a special account in the Treas- ury of the United States entirely to the credit of the District of Columbia and shall be ap- propriated and used solely and exclusively for the following purposes: “(1) For construction, reconstruction, im- provement, and maintenance of public high- ways, including the necessary administra- tive expenses in connection therewith; “(2) For the expenses of the office of the director of vehicles and traffic incident to the regulation and control of traffic and the administration of the same; and CONGRESSIONAL RECORD—SENATE "(8) For the expenses necessarily involved in the police control, regulation, and admin- istration of traffic upon the highways: Pro- vided, however, That the total amount to be expended under this item shall not exceed 15 percent of the total amount appropriated for pay and allowances of officers and members of the Metropolitan Police force.” Src, 7. That paragraph (a) of section 4 of" such title, as amended, is amended to read: “(a) It shall be unlawful— “(1) for any person to operate any motor vehicle or trailer upon any public highway of the District of Columbia (except motor vehicles or trailers operated by nonresidents exempted under the provisions of section 8 of the District of Columbia Traffic Act, 1926, as amended) (A) tf such motor vehicle or trailer is not registered or covered by a deal- er’s registration or by a special use certifi- cate as required by this title, (B) if such motor vehicle or trailer does not have at- tached thereto and displayed thereon the identification tags required therefore, or (C) if such person does not have in his posses- sion or in the motor vehicle or trailer oper- ated the registration certificate or special use certificate required therefor; “(2) for the owner of any motor vehicle or trailer knowingly to permit the operation thereof contrary to any provision of para- graph (1); “(8) to use a false or fictitious name or address in any application for registration or for a special use certificate, or any renewal or duplicate thereof, or knowingly to make any false statement or conceal any material fact in any such application.” The amendments were agreed to. 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 to amend title IV of the District of Columbia Revenue Act of 1937, as amended, so as to provide for the issu- ance of dealers’ identification tags for use on trailers, to provide for the revoca- tion and suspension of dealers’ registya- tion and identification tags, to change the fee for dealers’ identification tags, to provide for the issuance of special use identification tags, and for other pur- poses.” AUTHORIZATION FOR EXECUTION OF OIL AND GAS LEASE IN PARK COUNTY, wyo. Mr. O’MAHONEY. Mr. President, I desire to make a unanimous-consent re- quest, but before doing so, I should like to invite the attention of the Senate to the fact that earlier in the day Senate bill 3315, which had been reported by the Committee on Interior and Insular Affairs, was passed. That bill was placed on the calendar of the Senate on the 19th of June. An identical bill was reported from the House Committee on Public Lands on the following day and was passed by the House, so that, in the interest of efficient legislative operation, my request is that the House bill, which is identical in all respects with the bill which the Senate has passed, may be substituted for the Senate bill. So, Mr. President, with that explana- tion, I ask unanimous consent that the Senate may revert to Calendar 1848, that the vote by which Senate bill 3315 was passed may be reconsidered, and that House bill 7916, which I understand 11077 is now on the desk, may be substituted therefor and passed. The PRESIDING OFFICER. Is there objection to returning to Calendar No. 1848 for the purpose stated? Mr. WHERRY. I have no objection, but I should like to ask the distinguished Senator a question after we return to Calendar No. 1848. The PRESIDING OFFICER. Without objection, the action by which the Sen- ate passed Senate bill 3315 is recon- sidered. Mr. O’MAHONEY. Mr. President, the House bill was introduced by my col- league in the House, Representative BarrEtr, and the Senate bill was intro- duced by my colleague the junior Sena- tor from Wyoming (Mr. Hunr] and my- self. Mr. WHERRY. Mr. President, there is no objection to the substitution of the House bill, but I should like to ask an- other question of the Senator from Wyo- ming. Why is the measure necessary? Mr. O’MAHONEY. It ts necessary be- cause as to certain mineral claims which have been operating in the Elk Basin for more than 30 years, a contest arose between the Federal Government and the lessees as to the legality of the title. The claimants were operating under placer-mining location and had been producing oil since before 1916. This bill represents a compromise by which the claimants surrender three-fourths of their claim. The PRESIDING OFFICER. As the Chair understands, the request is that the Committee on Interior and Insular Affairs be discharged from further con- sideration of House bill 7916 and that the bill be substituted for Senate bill 3315 and be now considered. Is there objection? There being no objection, the bill (H. R. 7916) to authorize and direct the Sec- retary of the Interior to execute an oil and gas lease on a certain tract of land in Park County, Wyo., was considered, ordered to a third reading, read the third time, and passed. The PRESIDING OFFICER. Without objection, Senate bill 3315 is indefinitely postponed. Mr. HENDRICKSON. Mr. President, I should like the Recorp to show that by not objecting at this time I am not dis- criminating against Senators who have previously asked the privilege of return- ing to prior calendar numbers. I want the Senate to understand that I feel this request falls into a different category. The PRESIDING OFFICER. The clerk will state the next bill on the cal- endar. 0. O. HAUGEN The bill (S. 2614) for the relief of O. O. Haugen was announced as next in order. The PRESIDING OFFICER. Is there chiection to the consideration of the ? There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on the Judiciary, with an amendment on
11078 page 1, line 6, to strike out “$800” and insert “$456.” The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it cnacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise sappropriated, to O. O. Haugen, route 8, box 147, Port Orchard, Wash., the sum of $456, in full satisfaction of his claim against the United States for compensation for a fence removed from his land near Charlson, N. Dak., by the Works Project Ad- ministration: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be un- lawful, any contract to the contrary not- withstanding. Any person violating the pro- visions of this act shall be deemed gullty of a misdemeanor and upon conviction there- of shall be fined in any sum not excee°ing $1,000. CANADIAN RIVER RECLAMATION PROJECT—BILL PASSED OVER The bill (H. R. 2733) to authorize the constiuction, operation, and mainten- ance by the Secretary of the Interior of the Canadian River reclamation project, Texas, was announced as next in order. Mr. CHAVEZ. Mr. President, I ask that the bill be passed over. The PRESIDING OFFICER. bill will be passed over. CIVIL GOVERNMENT FOR GUAM The Senate procecded to consider the bill (H. R. 7273) to provide a civil gov- ernment for Guam, and for other pur- poses, which had been reported from the Committee on Interior and Insular Af- fairs with amendments on page 2, line 5, after the word “and” where it occurs the second time, to insert “its relations with the Federal Government”; in line 7, after the words “under the”, to insert “general administrative’; in line 14, to change the section number from “207” to ‘‘206"; on page 3, line 11, after the word “States”, to insert a colon and “Provided, That in the case of any person born before the date of enactment of this section, he has taken no affirmative steps to preserve or acquire foreign nationality’; on page 4, line 9, to change the section number from “(6)” to “(5)”; on page 6, line 6, after the word “race’’, to strike out “sex”; in line 7, after the word “denied”, to strike out the colon and “Provided, That the Legislature of Guam may enact such leg- islation as may be necessary to protect the lands and business enterprises of persons of Guamanian ancestry, and nothing in this act shall be construed to deny to the legislature this authority”; on page 7, line 4, after the word “‘years”, to strike out the comma and “in a school approved by the Governor of Guam”; in line 6, after the word “No”, to strike out “political or’; in the same line, after the word “test”, to strike out “other than an oath to support the Constitution of the United States, the laws of the United States applicable to Guam, and the laws of Guam”; in line 9, after the word “shall”, to insert “ever”; after line 10, to insert: (t) No person who advocates, or who aids or belongs to any party, organization, or as- The CONGRESSIONAL RECORD—SENATE sociation which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. On page 8, line 2, after the word ‘“qual- ified”, to strike out the comma and “un- ‘less sooner removed by the President for cause”; on page 9, line 10, after the word “law”, to strike out “or ordinance”; in line 17, after the word “a”, to strike out “lieutenant governor for’? and insert “Secretary of”; on page 10, line 6, after the word “qualified”, to strike out the comma and “unless sooner removed by the President for cause”; in line 13, after the words “and the”, to strike out “‘licu- tenant governor” and insert ‘“Secre- tary”; in line 19, after the words “of the”, to strike out “House of Council” and insert “legislature”; in line 21, after the word “instrumenialities”, to strike out the comma and “including boards and commissions, that may be created by the governor or by the legislature. In making all such appointments, the governor shall give preference to persons of Guamanian ancestry”; in line 24, after the amcndment just above stated, to insert “In making appointments and promotions, preference shall be given to qualified persons of Guamanian an- cestry”; on page 1, line 6, after the word “ancestry”, to insert ‘The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system.”; after line 19, to strike out: (d) the salaries of all officers and employ- ees of the Government of Guam shall be fixed by the Guam Legislature and paid from funds of the Gov2rnment of Guam, except as otherwise provided by this act. In line 24, to reletter the subsection from “(e)” to “(d)”; on page 12, line 5, after “Sec. 10”, to strike out: The legislative power of Guam, except as otherwise provided in this act, shall be vested in a legislature, which as the legisla- ture may determine, shall consist of either two houses or a single house. And in lieu thereof to insert: The legislative po ver of Guam, except as otherwise provided in this act, shall be vested in a legislature which shall consist of a single house of not to excced 21 mem- bers to be elected at large. General elec- tions to the legislature shall be held on the Tuesday next after the first Monday in No- vember, biennially in even-numbered years. In line 19, after the word “respects”, to strike out “shall be constituted and’’; on page 13, line 2, after the word “revenues”, to strike out “and” and insert “sales,”; in line 5, after the word “be”, to insert “uniformly”; in line 16, after the word “exempt”, to insert “as to principal and interest”; in line 22, after the word “choose”, to insert “from its members”; on page 15, line 9, after “Sec. 18.”, to strike out “The regular sessions of the legislature shall be held annually, con- vening in Agana on the second Monday in February and closing not later than April 5 following.” and insert “Regular sessions of the legislature shall be held annually for a period or periods not to exceed in the aggregate sixty calendar days, as the legislature may determine. Such sessions shall convene in Agana on JULY 26 the second Monday in January.”; on page 16, line 12, after the word “recon- sideration”, to strike out “two-thirds of each house (if there be two houses) or”; in line 14, after the word “legislature’’, to strike out ‘(if there be only one house)”; on page 18, after line 12, to strike out: Src. 22. The judicial authority of Guam shall be vested in one supreme court and in such inferior courts as may have been or hereafter may be established under the laws of Guam. The jurisdiction of such courts and the procedure therein shall be os pre- scribed in the laws of Guam. The style of all process in the courts of Guam shall here- after run in the name of the government of Guam, and all prosecutions shall be carried on in the name and by the authority of tho government of Guam. The Governor shall not sit as a Judge in any court. Src. 23. The supreme court shall consist of a chief justice and two assoclate justices who shall be appointed by the President of the United States by and with the advice and consent of the United States Senate, and who shall hold office for a term of 6 years and until their successors have been ap- potnted and qualified, unless sooner removed by the President for cause. No person shall be appointed a justice of the Supreme Court of Guam who has not been a member of the kar of the highest court of a State or Territory of the United States for at least 5 years. Sec. 24. (a) The judicial district known as the northern district of California 1s hereby extended to include Guam, and the jurisdiction of the United States District Court for the Northern District of California as now defined by law shall extend to the whole of such district. (b) The laws of the United States relating to removal of causes as between the courts of the United States and the courts of the several States shall govern as between the United States District Court for the North- ern District of California and the courts of Guam. (c) For the purposes of this section, special terms of the district court shall be held in Guam at such times as the judges of that court may deem exnedient. (d) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of tho Supreme Court of Guam in all cases involv- ing the Constitution, laws, or treaties of the United States or any authority exercised thereunder, in all habeas corpus proceed- ings, and in all other civil cases where the value in controversy exceeds $5,000, exclu- sive of interest and costs. (e) Any party may appeal to the Supreme Court of the United States from an inter- locutory or final Judgment, decree, or order of any court of record of Guam, holding an act of Congress unconstitutional in any civil action, suit, or proceeding to which the United States or any of its ogencies, or any Cfficer or employee thereof, as such officer or employee, is a party. A party who has received notice of appeal under this section shall take any subsequent appeal or cross appeal to the Supreme Court. All appeals or cross appeals taken to other courts prior to such notice shall be treated as taken directly to the Supreme Court. And in Heu thereof to insert: Src. 22. (a) There is hereby created a court of record to be designated the “District Court of Guam,” and the judicial authority of Guam shall be vested in the District Court of Guam and In such court or courts as may have been or may hereafter be established by the laws of Guam, The District Court of Guam shall have, in all causes arising under the laws of the United States, the jurisdic- tion of a district court of the United States as such court is defined in section 451 of
1950 title 28, United States Code, and shall heve original jurisdiction in all other causes in Guam, juriediction over which has not been transferred by the legislature to other court or courts established by it, and shall have such appellate juriediction as the legislature may determine, The jurtadiction of and the procedure in the courts of Guam other than the District Court of Guam shall be pre- scribed by the laws of Guam, (b) The rujes heretofore or hereafter pro- mulgated and made effective by the Supreme Court of the United States pursuant to sec- tion 2072 of title 28, United States Code, in civil cases; section 2078 of title 28, United States Code, in admiralty cases; sections 8771 and 8772 of title 18, United States Code, in criminal cases; and section 30 of the Bank- ruptcy Act of July 1, 1898, as amended (title 11, U. 8. C., sec. 53), in bankruptcy cases, shall apply to the District Court of Guam and to appeals therefrom. Bxc. 28. (a) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final deci- sions of the District Court of Guam in all cases involving the Constitution, laws, or treaties of the United States or any authority exercised thereunder, in all habeas corpus proceedings, and in all other civil cases where the value in controversy exceeds $5,000, ex- clusive of interest and costs. (b) Any party may appeal to the Supreme Court of the United States from an inter- locutory or final judgment, or order of the District Court of Guam, holding an act of Congress unconstitutional in any civil action, suit, or proceeding to which the United Btates or any of its agencies or any officer or employee thereof, as such officer or em- ployee, Is a party. A party who has received notice of appeal under this section shall take any subsequent appeal or cross appeal to the Supreme Court. All appeals or cross appeals taken to other courts prior to such notice shall be treated as taken directly to the Supreme Court. Src. 24. (a) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of Guam who shall hold office for the term of 4 years and until his successor is chosen and qualified unless sooner removed by the Prest- Gent for cause. The judge shall receive a salary payable by the United States which shell be the same as the salary of the Gov- ernor of Guam as provided by section 26 (a) of this act, and shall be entitled to the benefits of retirement provided in section 873 of title 28, United States Code. The Chief Justice of the United States may, with the consent of the Judge so assigned, assign any United States circuit or district Judge to serve as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court. (b) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for Guam to whose offices the pro- visions of chapters 81 and 33 of title 28, United States Code, respectively, shall apply. (c) The provisions of chapters 21, 41, 4s, 49, and 57 of title 28, United States Code, shall apply to the District Court of Guam. On page 24, line 6, after the word “salary”, to strike out “of $16,000” and insert “at the rate provided for Gover- nors of Territories and possessions in the Executive Pay Act of 1949, but not to ex- ceed “$13,125”; in line 12, after the word “total”, to strike out “$16,000” and in- sert “the equivalent of the compensation for a civilian Governor”; after line 13, to strike out: (b) The Chief Justice of Guam and the Lieutenant Governor shall each receive an annual salary of $18,000, to be paid by the United States, CONGRESSIONAL RECORD—SENATE And in lieu thereof to insert: (b) The Secretary of Guam shall receive an annual salary to be paid by the United States at a rate established in accordance with the standards provided in the Classifi- cation Act of 1949. On page 25, line 18, after the word “States”, to insert “at established rentals”; on page 26, line 19, after the word “property”, to insert “real and per- sonal’; on page 27, line 4, after the word “property”, to insert “real and personal”; in line 12, after the word “property”, to insert “real and personal’; in line 23, after the word “deem”, to strike out “‘ad- vantageous to the Government of the United States” and insert “in the public interest”; on page 28, line 1, after the word “property”, to insert “real and per- sonal”; in line 16, after the word “taxes”, to strike out “collected in” and insert “derived from”; on page 29, line 17, after “Sec. 34.”, to strike out “The” and insert “Upon the 2lst day of July 1950, the anniversary of the liberation of the is- land of Guam by the Armed Forces of the United States in World War II, the’, and in line 21, after the word “force”, to strike out “immediately upon enactment.” The amendments were agrecd to. Mr. McKELLAR. Mr, President, may we have an explanation of the bill? Mr. O’MAHONEY. Mr. President, I am very happy to make an explanation of the bill. The island of Guam, in the Pacific Ocean, came under the jurisdiction of the United States following the Spanish- American War. There was no civil gov- ernment for the people of that island except by Executive order of President McKinley. The island was governed by naval officers in a very excellent man- ner, I may say, but without any partici- pation by the people of the island. An Executive order was recently issued by President Truman which transferred the jurisdiction from the Navy to the De- partment of the Interior. The purpose of the bill is to provide an organic act by which the people of Guam may par- ticipate in governing their own affairs. It is in accordance with the program of our Government to encourage self-gov- ernment throughout the world. Mr. McKELLAR. Mr. President, is this in any way preliminary to the es- tablishment of a State government? Mr. O'MAHONEY. No, it is not. Mr. McKELLAR. May I have the as- surance of the Senator to that effect? Mr. O'MAHONEY,. The Senator has my assurance. In order that this may be entirely clear, I ask unanimous con- sent that there may be printed in the Recorp, at this point, certain pages of the committee report on this bill. There being no objection, excerpts from committee report (No. 2109) were ordered to be printed in the Recorp, as follows: Report No. 2109 (To accompany H. R. 7278) The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 7273) to provide a civil government for Guam, and for other purposes, having cone sidered the same, report favorably thereon with amendments and unanimously recom- mend that the bill, as amended, do pass, 11079 PURPOSE OF THE BILL The purpose of H. R. 7278, as amended, ts to provide, in compliance with their wish, a civil government in the American pattern for the inhabitants of Guam, a Pacific island which has been under the jurisdiction of this country for more than half ae century. Guam came under the American flag by virtue of the Treaty of Paris at the end of the Spanish- American War in 1898 (80 Stat. 1764). Up to and including the present, all the powers of government have been exercised under two Presidential Executive orders, issued by President McKinley in 1898 and by President Truman in 1949, and a series of intervening administrative orders of United States naval governors. The two-sentence Executive order of Prest- dent McKinley, set forth in appendix 2, with- out whereases or qualification placed the island completely under the control of the Navy. Pursuant thereto, a succession of naval governors exercised all legislative and judicial, as well as executive authority. The revoked existing laws, rewrote and promul- gated new ones, created courts, acted as judges, levied, collected, and disbursed rev- enues, and, in general, directed the fiscal, economic, and political well-being of the Guamanians according to thelr own best Judgment. That the powers of the naval governors were used wisely and in an efficient and beneficial manner is attested by the very substantial economic, social, and political development that has taken place on the island. This bill is reported in the belief that the time has come for the Congress to pass an organic act permitting the people of Guam to govern themselves. The measure has the support of the Departments of Defense, State, Navy, Justice, and Interior, as well as that of the President of the United States. It establishes democratic local government for the island, and guarantees human free- doms under the authority of the Congress rather than the executive branch. American citizenship would be conferred on the ap- proximately 27,000 native Guamanians who gave such valiant proof of their loyalty to the United States and American traditions in two world wars, including 4 years of enemy occupation by the Japanese armed forces. A bill of rights is provided; a representative local government formed in the American tradition; an independent judiciary created, administering a system of law based on local needs and local traditions, all within the American framework of fundamental fairness and equality; and the scope of executive authority 1s defined and limited. RESPONSIBILITY OF CONGRESS All American tradition and history dictates that government shall rest upon law, rather than upon executive decree. By interna- tional treaty also, the Congress has a direct responsibility for the government of Guam. The second paragraph of article IX of the treaty ceding Guam to the United States provides: “The civil rights and political status of the native inhabitants of the Territories hereby ceded to the United States shall be determined by the Congress (30 Stat. 1'759).” In addition to the obligation under the Treaty of Paris, the United States has addi- tional treaty obligations with respect to Guam as a non-self-governing Territory. Under chapter XI of the Charter of the United Nations, ratified by the Senate June 26, 1945 (59 Stat. at p. 1048), we undertook, with respect to the peoples of such Terri- tories, to insure political advancement, to develop self-government, and taking “due account of the political aspirations of the peoples, * * * to assist them in the pro gressive development of their free political institutions.” The facts that the island has been well governed by the Navy and that the people
11080 have made great economic, political, and s0- cial progress during the Navy administra- tion, only emphasize the desirability of pro- viding self-government. HISTORY OF LEGISLATION On October 20, 1945, the President ree quested the Secretaries of State, War, Navy, and Interior to submit recommendations con- cerning the administration of Guam and the other Pacific islands under the aegis of the United States. The report of the four Sec- retaries, submitted on June 18, 1917, by then Secretary of State George Marshall to the President, is sect forth in the appendix to this report (appendix 3). As to Guam, the Cabi- net officers recommended: “Separate organic logislation for Guam to provide civil government and to grant citizen- ship, a bill of rights, and legislative powers to Guamanians should be enacted this sess.on ” Pursuant to the recommendations of his four departmental heads, the President is- sued Executive Order 10077 on September 7, 1949, transferring the administration of Guam from the Secretary of the Navy to the Secretary of the Interior. The text of this order is sect forth in the appendix to this repert (appendix 4). Although the order originally set the time of transfer as July 1, 1960, its execution has been postponed for 30 days in view of the pendency of this legislation. A drait of model legislation on which H. R. 7273 and allied bills in the House and Senate were based wns submitted to the Speaker of the House and the President of the Sen- ate by the Secretary of the Interior. Full hearings were conducted by both the House and €enate committees at which a number of ropresentatives of the people of Guam were heard, I’o one appeared in opposition to the proposed legislation. Asa result of the Senate hearing, amendments have been pro- vided to make the government less expensive and more efficient. The measure was passed by the House, on voice vote, on May 23 of this year. In a statement at the Senate committce hearing, the Secretary of the Interior said: “Mr, Chairman, members of the committee, Iam very gratified at this opportunity to ap- pear before your committee to present my views on S, 1892, entitled ‘A bill to pro- vide a civil government for Guam, and for other purposes.” “This bill deals with a subject upon which there has long been agreement among all the 4nterested executive departments of our Gov- ernment in recommending congressional ac- tion. So far as I know, no opposition what- ever has been voiced to the passage of this legislation. * ° * s e “Rnactment of 8. 1892 would not only be a fulfillment of our country's treaty pledge of 1898, but would further evidence its tra- ditional policy, in which it takes such right- ful pride as the champion among nations of extending representative government, justice under law, and fundamental rights and hu- man freedoms, not only to our dependent peoples but to everyone everywhere. “For over 50 years, in the absence of con- gressional action and except during the pe- riod of Japanese occupation in World War II, the inhabitants of Guam, their lives and affairs, have been entrusted by a Presidential Executive order of December 23, 1&98, to the Department of the Navy for exclusive control and administration. “The Guamanian people have repeatedly petitioned the Federal Government for Dnited States citizenship, a bill of rights, organic legislation, and civilian adminis- tration, 8. 1892 will accord such rights and privileges to a people who have amply and heroically demonstrated their devotion to American ideals, and than whom there are none more loyal and patriotic under the American flag tcday. CONGRESSIONAL RECORD—SENATE “World War II made us mindful of our pos litical neglect of our Guamanian nationals, and over the past 4 years the establishment of civil government under law on Guam has been under active consideration, * s * s e “In a letter addressed to the Secretary of the Interior under date of May 14, 1949, with reference to the present bill S. 1892 under consideration by your committee here today, President Truman stated: “‘T have today informed the Director of the Bureau of the Budget that the drafts of organic legislation for Guam and Ameri- can Samoa, prepared by the Department of the Interior, have my approval. The De- partment of the Interlor will have the re- sponsibility of presenting the measures to the Congress. I have asked the Secretary of the Navy to assist you. * * * “Tt is the announced aim of this Govern- ment to accord civil government and a full measure of civil rights to the inhabitants of its Pacific territories. The accomplishment of this objective will be furthered by the transfer of these territories to civilian ad- ministration and the enactment of organic legislation at the earllest practicable date.’ “Other members of the Cabinet, high- ranking officers of the Army and Navy, busi- ness people, and many others have testified at previous hearings in support of organic legislation for Guam. It is significant that, at recent House hearings on the companion bill to 8. 1892, not a single person testified against passage of the measure. That meas- ure is presently pending on the House Cal- endar. “It should also be noted that high mili- tary as well as civilian officials of this Gov- ernment have stated that establishment of civil government under an organic act would in no way impair our national security. To the contrary, I hold with them the view that in Guam, a bastion of our Pacific defenses, measures taken to satisfy the legitimate aspirations of our Guamanian nationals will in fact enhance our security by binding these people more closely to the rest of the United States, and to its ideals. I urge the speedy passage of S. 1882.” PROVISIONS OF THE BILL A detailed sectional analysis of H. R. 7273 is set forth in the appendix. Three points, however, may require further explanation. Citizenship for Guamanians was unequive ocaily recommended to the President in the report of the Secretaries of State, War, Navy, and Interior. The Houee of Representatives approved provisions in the bill to give effect to this recommendation. The Senate com- mittee gave the question careful considera- tion, both as to the principle involved and the language of the section. In order that the wording might be precise, the advice of the Attorney General of the United States was sought. The Attorney General's report, based on a study by the Immigration and Naturalingtion Service, is set forth herein. The committee amended the bill in accord- ance with the Attorney General's recommen- dation. Another section to which the Senate com- mittee devoted considerable time and though was that concerning the establish- ment of a court system on Guam, Given a period of peace, the growth of Guam as a transportation and commercial center for American interests in the Far East seems almost a foregone conclusion. Amer- ican business enterprise in the area will want, and need, a center in which it can have the full protection of American laws and legal procedure. Formerly this need was supplied by the United States Court for China, which had Its headquarters in Shanghai, but that court ‘was abolished by the treaty with China end- ing extraterritoriality, The nearest Ameri- can court to far eastern economic centers is that in Hawail, which is 12 or more hours JULY 26 away from Guam by alr. If Guam is to af- ford American business enterprise the pro- tection and stability needed, a court in Guam will have one-the-spot jurisdiction in mate ters involving admiralty and business re- organization is clearly indicated. Section 8 of the bill sets forth in specific language that Guam is declared by the act to be “an unincorporated territory.” Thus it has the same legal status as Puerto Rico and the Virgin Islands, and 1s not similar to that of Alaska and Hawail. No commitment as to statehood, express or implied, is hold out in the measure. The representatives of the people of Guam who came to Washington to appear at the hear- ings, concur in the committee’s views in this respect. Also, as head of the government of Guam, the Honorable Carlton Skinner, sent the fol- lowing telegram to the committee: WASHINGTON, D. C., May 3, 1950. Senator Josep C. O’MAHONEY, Chairman, Senate Committee on Ine terior and Insular Affairs, Senate Office Building, Washington, D. C.: I am informed that in hearings before your committee on Hawalian statehood a question was raised as to a possible obliga- tion to grant statehood to Guam, Please inform the committee that the people of Guam do not envision or desire statehood. They do ardently desire passage of your bill (8. 1892), now being considered by your com- mittee, which will give them citizenship and right of self-government, which they have patiently sought for the 51 years that they have been under the American flag. The bill for organic act on which Senator ANDERSON’S subcommittee has already held an excellent and sympathetic hearing contains absolutely no Eromise, direct or implied, of statehood for Guam. By its language describing Guam as an unincorporated territory, the pending bill clearly rejects the possibility of state- hood. With citizenship and self-government provided in your bill (S. 1892), the people of Guam will be happy and contented as to their political ambitions and will have the foundation they need to fulfill their destinies politically, economically, and socially. CaRLTON SKINNER, Governor of Guam. ry ry ® e e REPORTS OF EXECUTIVE AGENCIES The favorable reports on this measure or on similar bills by the Departments of Navy, Interior, and Justice, as well as the com- ments of the chairman of the Chief Justice’s Judicial Conference Committee are set forth in full. DEPARTMENT OF THE INTERIOR, Orrick OF TH SECRETARY, Washington, D. C., May 3, 1949. Hon. Atsen W. BaRKLey, President of the Senate. My Dear Mr. PrestpentT: Enclosed here- with is a draft of a proposed bill to provide a civil government for Guam and for other purposes. I request that the proposed bill be referred to the appropriate committee for consideration and I recommend that it be enacted. The United States acquired Guam from Spain, under the Treaty of Paris of December 10, 1898. That treaty provided that the Con- gress should determine the civil rights and political status of the native inhabitants of the territories ceded by Spain. Organic legis- lation was enacted for the Philippine Islands and for Puerto Rico, acquired under the same treaty, but although 50 years have passed the United States has not yet fulfilled its com- mitment with respect to Guam. The Amert-« can tradition of self-government and our adherence to the principles of the Untted Nations Charter require that Guam he pro- vided with e civil government as Alaska,
1950 Hawail, Puerto Rico, the Virgin Islands, and the Philippine Islands have been. Guam has been subject to the jurisdiction of the Department of the Navy by virtue of Execu- tive order, and the Navy has been respon- sible for civil affairs there. On October 20, 1945, President Truman re- quested the Secretaries of State, War, the Navy, and the Interior to submit recommen- dations to him on problems arising in con- nection with the administration of the Pa- cific islands. On June 18, 1947, the four Sec- retaries recommended that administrative Tesponsibility for Guam, American Samoa, and the trust territory of the Pacific islands be assigned to ao civilian agency, at the earli- est practicable date as determined by the President, and that the administrative re- sponsibility of the Navy Department for the islands be continued upon an interim basis only. The Secretaries also recommended that organic legislation be drafted by the execu- tive departments and submitted to the Congress. These recommendations were for- warded by the President to the Congress on June 19, 1947. In accordance with that recommendation, the enclosed draft of organic legislation for Guam has been prepared in consultation with the Department of the Navy. The bill 4s modeled upon the organic acts of the other Territories. It would provide for a local government consisting of the tradition- al three branches—executive, legislative, and judicial—to be under the supervision of such civilian department or agency as the President may direct. It would make the people of Guam citizens of the United States. The draft contains a bill of rights, modeled upon the Bill of Rights in the Constitution, but granting express authority to the Legis- lature of Guam to enact such legislation as may be necessary to protect the lands and business enterprises of persons of Guama- nian ancestry, notwithstanding ® general provision in the bill of rights that there shall no discrimination against any person on account of race, sex, language, or religion, and no denial of the equal protection of the laws. Such authority is considered to be essential in order that the local people may be protected against economic exploitation. Executive authority would be vested in a Governor, either a civilian or a retired officer of the Armed Forces, appointed by the Presi- dent, with the advice and consent of the Senate, to hold office at the President's pleas- ure. The Governor would have general super- vision and control of all executive agencies and instrumentalities of the local govern- ment, and would coordinate all activities of @ civil nature carried on by agencies of the Federal Government in the island. The President would also appoint a Lieutenant Governor, who would serve as Governor in case of a vacancy in the office of Governor or the temporary removal, absence, resignation, or disability of the Governor. The head of the department or agency with supervision over the local government would designate the head of a local government department to serve as Governor when neither the Governor nor the Lieutenant Governor is available, Heads of executive agencies or instrumen- talities in the local government would be appointed by the Governor, unleks the or- ganic legislation or local law otherwise pro- vides. Salaries of employees of the local gov- ernment would be fixed by the local legisla- ture and paid from local funds, unless other- wise provided in the organic legislation. The legislature would consist of one or two houses, as determined by the legislature itself. Legislative power would extend to all subjects of local application not inconsistent with the organic act and such other laws of the United States as might apply to the island. No person may sit in the legislature who is not a United States citizen, at least 25 years old, domictled in Guam for 5 years immediately preceding the legislative session CONGRESSIONAL RECORD—SENATE in which he seeks to sit, or who has been convicted of a felony or crime involving moral turpitude and has not received a par. don restoring his civil rights. The existing laws governing elections to the legislature would continue, subject to amendment by the legislature. These laws now provide for election by secret ballot. Provision would be made for regular and special sessions of the legislature. The Governor would have a suspensive veto, If a bill should be reen~ acted over his veto, and he does not then approve it, it would be submitted to the President for his approval or disapproval, All laws enacted by the legislature would be reported by the governor to the head of the supervisory civilian agency and by him to the Congress. If not annulled by the Congress within 1 year after date of its re- Ceipt, the law would be deemed to be ap- proved. Appropriations would be made by the legislature, except such as may be made by the Congress from time to time or as otherwise provided in the organic legislation. The legislature or any person or group of persons would have the right of petition. Guam would be represented in the House of Representatives by an elected Resident Com- missioner, with the right to debate hut not to vote, and with the same privileges, com- pensation, travel allowance, and other allow- ances as the Members of the House of Repre- sentatives. The first Resident Commis- sioner would be elected at the first general election, his term to expire on January 1, 1951. Terms of succeeding Resident Com- missioners would be 4 years, in view of the fact that local elections, under existing law, are quadrennial. The judicial branch would consist of a supreme court, with a single justice ap- pointed by the President, with the advice and consent of the Senate for a 6-year term, and of such inferior courts as the legislature might create. The judicial district of Hawaii would be extended to include Guam so that the United States District Court for the District of Hawaii would have jurisdic- tion over certain cases arising in Guam. It would review final judgments of the Su- preme Court of Guam in certain classes of cases, Lawe in force in Guam on the date of enactment of the bill, except as the bill may amend them, would be continued in force, subject to modification or repeal by the Congress or the legislature. Except as other- wise provided by the act, no law of the United States hereafter enacted would apply to Guam unless expressly made applicable by the Congress. The President would be di- rected to appoint a commission of seven per- sons, at least three of whom would be resi- dents of Guam, to survey the fleld of Fed- eral laws and to recommend to the Congress within 12 months after the date of enact- ment of the act, which laws of the United States not now applicable to Guam should be made applicable, and which laws already applicable, should be declared inapplicable. The Governor’s salary would be $16,000, Should he be a retired officer of the Armed Forces, the Governor would receive such sum as when added to his pay and allowances as a retired officer would total $16,000. The Chief Justice and the Lieutenant Governor would receive $13,000 annually, Members of the Guam Legislature would receive $15 a day for each day of the legislative session, to be paid by the United States. Other leg- isiative expenses would be met from local revenues. Officers and employees whose homes are outside Guam would be trans- ported to Guam with their families and household goods at the expense of the United States and would be returned at Federal ex- pense if they had served 2 years. They would also be allowed travel time not to exceed 80 days once every 2 years in which to ree turn to their homes on leave, transportation for this purpose to be at United States ex- pense. Officers or employees whose salaries 11081 are not fixed by the act would receive such compensation and allowances as might be provided by local law, or by the civilian de- partment or agency if employees of such agency. Title to property owned by the United States and employed by the naval govern- ment in administration of civil affairs would be transferred to the local government within 90 days after the date of enactment of the act. All other property owned by the United Btates and not reserved by the President within said 80 days would be placed under control of the local government to be admin- istered for the benefit of the people of Guam. Property title to which or éontrol of which is not transferred to the local government would be transferred to the administrative supervision of the head of the civilian de- partment or agency, except as the President may from time to time prescribe, and the head of that department or agency would be authorized to lease or sell, on terms he deems advantageous to the United States, any such property not needed for public purposes. The Governor would be responsible for the establishment and maintenance of public- health services and a public-school system. Oustoms duties and Federal income taxes collected in Guam, proceeds of taxes collected under United States internal-revenue laws on products of Guam, fees for passports, immigration, etc., would be covered into the local treasury to be expended by the govern- ment of Guam in accordance with the annual budget. There would be expressly reserved to the President power to designate parts of the island as military or naval reservations, or to treat the island as a closed port with respect to vessels and aircraft of foreign nations. The authority and powers conferred by the proposed organic legislation would come into force immediately upon enactment. How. ever, the President would be authorized, dur. ing not more than 1 year from date of enact- ment, to continue the administration of Guam as provided by law, Executive order, or local regulation in force on the date of enact- ment of the act. The President would be further authorized to place any or all of the provisions of the act in force before the ex- piration of the 1-year period, if practicable. Enactment of this legislative proposal would confer upon the people of Guam the measure of self-government and civilian ad- ministration tu which they have long been entitled. It would contribute toward tul- fillment of the obligation assumed by the United States under article 73 of the United Nations Charter to promote the political, eco- nomic, social, and educational advancement of the inhabitants of the non-self-governing Territories under United States administra- tion. It would confer upon the people of Guam the privileges of United States citizens ship and participation in their own govern- ment which have long since been granted to people in the other territorial areas of the United States, and I therefore recommend that it be enacted. The Director, Bureau of the Budget, has ad- vised me that there is no objection to the submission of this report. Sincerely yours, J. A. Krva, Secretary of the Intertor. — Tux SECRETARY oF THE Navy, Washington, August 8, 1950. Hon, J. Harpin Peterson, Chatrman of the Committee on Public Lands, House of Representatives. Dean Mr. Cxarnman: The chairman of the Subcommittee on Territorial and Insular Possessions of the Committee on Public Lands, during the course of the hearings on H. R. 4499, a bill to provide a civil govern- ment for Guam, and for other purposes, and
11082 H. R. 4500, a bill to provide a civil govern- ment for American Samoa, and for other purposes, requested that the Department of the Navy submit a formal statement regard- ing its position with respect to organic lege Islation for those islands. The enclosed statement sets forth the po- aition of the Navy Department with regard to the proposed legislation which would pro- vide organic acts for Guam and American Samoa and confer United States citizenship upon the indigenous inhabitants of those islands. Sincerely yours, Dan A KIMBALL, Under Secretary of the Navy. —_— STATEMENT OF THE POSITION OF THE DEPART= MENT OF THE Navy Wir Respecr ro Cur- RENT Prorosep LEGISLATION To Provipr AN OrGANIC ACT FoR GUAM AND AMERICAN SAMOA AND To CONFER UNITED STATES CrTiI- ZENSHIP UPON THE INDIGENOUS INHABITANTS TIIEREOF The Department of the Navy desires to endorse most strongly the proposal now be- fore the Congress to grant United States citizenship to the peoples of Guam and American Samoa and to provide an organic act for each of these insular possessions. This endorsement is in effect a reiteration of the recommendations contained in the joint statement of the Secretaries of Navy and In- terior before the Subcommittee on Territo- rial and Insular Possessions of the House Public Lands Committee on May 28, 1947, The type of legislation best designed to accomplish the above objectives is, of course, a matter for the Congress to determine. The function of the executive departments con- cerned with the administration of insular affairs is considered as being to offer recom- mendations, on the basis of their back- grounds of experience in this fleld, as a guide to the Congress in the consideration and enactment of legislation. The Department of the Navy, in reviewing the 50 years of its administration of Guam and American Samoa, feels a pride which is believed justifiable in the progress made on these islands At the turn of the century when the administration of Guam and Amer- ican Samoa was assigned to the Navy, the sanitary and health conditions of these is- Jands were deplorable The indigenous popu- lation had becu decimated by disease. At once a vigorous public-health program was instituted on each of thesc islands. Medical treatment and hospitalization were provided for all. Programs for training medical prace titioners and nurses have been promoted, Since 1900 the population of each island has almost trebled. Health conditions are now considered excellent There has been a steady increase in the participation of the people of Guam and American Samoa in their jooal governments. The development of this participation has proceeded in accordance with the culture and institution of the peo- ple. Today the people of Guam are repre- sented by the Guam Congress upon which certain legislative powers were conferred in 1947, The Samoans are represented by the Fono of American Samoa, a general assembly constituted according to Samoan tradition, upon the recommendations of which the Governor relies heavily. Guamanians and Samoans occupy responsible positions in the executive branch of their local governments and sit on the island courts. Similar sub- stantial progress might be noted in the fields of education, commerce, and agriculture. Progress along these lines will be greatly ac- celerated, under whatever civilian depart ment or agency is designated to have respon- sibility for the administration of Guam and American Samoa, by the enactment of ore ganic legislation for these islands. On behalf of the Department of the Navy, it is strongly urged that prompt and favor- CONGRESSIONAL RECORD—SENATE able consideration be given to legislation de- signed to provide an organic act for Guam and American Samoa and confer United States citizenship on the loyal inhabitants of these islands. This statement has been coordinated within the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget has advised that there is no objection to the presentation of this statement to the Congress. DEPARTMENT OF JUSTICE, Orrics oy rHe Deputy ATTORNEY GENERAL, Washington, July 13, 1950. Hon JosrpH C, O’MaHonrEy, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C. My Dear Senator. This is in response to the oral request of Mr. Stewart French of your staff for the views of the Department of Justice relative to the citizenship provisions of the bill (H. R. 7273) to provide a civil government for Guam, and for other purposes, You are advised that the Department of Justice has no objection to the enactment of the afore-mentioned provisions in the form contained In section 4 of the bill, except that it is recommended that the proposed section 206 (b) be amended by deleting the period which appears on line 13 of page 3 of Com- mittee Print No, 2, dated July 11, 1950, and inserting in its place a colon and the follow- ing proviso: “Provided, That in the case of uny person born before the date of enactment of this section, he has taken no affirmative sleps to preserve or acquire foreign nation- ality” The recommended proviso fs intended to insure again any construction which would permit the conferring of citizenship upon any person born on the island of Guam who has since assumed a status inconsistent with, if not antagonistic to, the interests of the United States. Very sincerely, PxrYTON Fonp, Deputy Attorney General, Mr ELLENDER. Mr President, will the Senator yield for a question? Mr. O’MAHONEY. Yes. Mr. ELLENDER. Has the committee gone into the question of the probable cost? Will the cost be higher, under this proposal, with a civilian form of government than under the Navy? Mr. O’MAHONEY. The committee has examined into the subject, and it is Satisfied that the cost will he less, Mr. ELLENDER. Does the Senator know how much less? Mr. O’MAHONEY. I do not recall. Mr. ELLENDER. But it would be less? Mr, O’MAHONEY, Yes. Mr. McKELLAR. What proportion of the cost would the United States Gov- ernment bear and what proportion of the cost would the island bear? Mr. O’MAHONEY. The United States Government bears all of it now. I be- lieve the cost would be reduced and shared with the island, under the pro- visions of this bill. The PRESIDING OFFICER The question is on the engrossment of the amendments and third reading of the The amendments were ordered to be fnerossed and the bill to be read a third me, JULY 26 The bill was read the third time and passed, LY, COMDR. EDWIN M. ROSENBERG The bill (S. 3446) to authorize the res- toration of Edwin M. Rosenberg, lieu- tenant commander, retired, to the active list of the United States Navy, was con- sidered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the President of the United States is hereby authorized to ap- point Edwin M. Rosenberg, now an officer on the retired list of the United States Navy, an officer on the active lst of the line of the United States Navy with the permanent rank of Meutenant commander and with the date of rank October 3, 1945. Upon such appoint« ment the said Edwin M Rosenberg shall be given the same precedence on the lineal list of officers of the United States Navy to which he would have been entitled had he not been placed on the retired list of officers of the United States Navy. ‘ ATTENDANCE OF NAVY BAND AT CONFED- ERATE VETERANS REUNION ‘The Senate proceeded to consider the bill (H. R. 8139) to authorize the attend- ance of the United States Marine Band at the annual reunion of the United Con- federate Veterans to be held in Biloxi, Miss., September 27 through September 30, 1950, which had been reported from the Committee on Armed Services with amendments on page 1, line 4, to delete the words “Marine Corps” and insert “Navy”; and On page 2, line 2, to delete the words “Marine Band” and insert “Navy Band.” The amendments were agreed to. The amendments were ordered to be engrossed and the bill to be read a third time. The bill was read the third time and passed, The title was amended so as to read: “A bill to authorize the attendance of the United States Navy Band at the annual reunion of the United Confederate Vet~ erans to be held in Biloxi, Miss., Sep- tember 27 through September 30, 1950.” UNLAWFUL ENTRY ON PUBLIC OR PRI- VATE PROPERTY IN THE DISTRICT OF COLUMBIA The bill (S. 3522) to amend section 824 of the Code of Laws for the District of Columbia was announced as next in or- der. Mr. LANGER. Mr. President, I should like to have an explanation of the bill, Mr. HUNT. Mr, President, I should like to advise the distinguashed Senator from North Dakota that this bill would make trespass upon public property or grounds, or upon the grounds of private residences in the District of Columbia, a@ misdemeanor, The present law of trespass covers only private buildings, The bill would cover the grounds of pub- He pulldings and private residences as well. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (8, 3522) was considered, ordered to be en- grossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That section 824 of the Code of Laws for the District of Columbia
1950 as amended, is hereby amended to read as follows; “SEC. 824, Unlawful entry on public or private property: Any person who, without lawful authority, shall enter, or attempt to enter, any public or private dwelling, puild- ing, or other property, or part of such dwell- ing, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thercof, or being therein or thereon, without lawful authority to re- main therein or thereon shall refuse to quit the same on the demand of the lawful oc- cupant, or of the person lawfully in charge thereof, shall be deemed gulity of a misde- meanor, and on conviction thereof shall be punished by a fine not exceeding @50 or im- prisonment in Jail for not more than 6 months, or both, in the discretion of the court.” CONSTRUCTION OF PRIVATE AND SEMI- PUBLIC BUILDINGS IN GEORGETOWN AREA The bill (H. R. 7670) to regulate the height, exterior design, and construction of private and semipublic buildings in the Georgetown area of the National Capital was announced as next in order. Mr. SCHOEPPEL. May we have an explanation of the bill? Mr. HUNT. I should like to advise the distinguished Senator from Kansas that the purpose of this bill is to preserve the early architecture of Georgetown. Un- der the bill the District Commissioners, upon recommendation of the Fine Arts Commission, would issue permits for the construction, reconstruction, or remod- eling of the exterior of buildings which face on public streets in Georgetown. Similar ordinances are in effect in many of our older, finer cities, such as Alexan- dria, New Orleans, Charleston, and other cities throughout the United States. The bill authorizes an appropriation of $8,000 to survey the Georgetown area in order to obtain necessary information concerning the historical buildings in Georgetown. Mr. SCHOEPPEL. I am wondering how much this type of legislation, if it is permitted to continue, will cost the taxpayers In many instances the addi- tion of a story, in a practical way, to ex- isting buildings might save the taxpay- ers millions of dollars, I think we should be sensible enough to consider that aspect of the matter. Mr. HUNT. I do not know just how far this type of legislation would carry us, except that 1t would he in the good judgment of the people who are in con- trol of the matter. In this particular case, it 1s the Fine Arts Commission of the District of Columbia, for whose abil- ity we all have very high regard. They have done a fine job in the city of Wash- ington up to this time. Of course per- sonnel may change and the situation may change, but there is a great desire in this respect on the part of the people of Georgetown and the District as a whole that the architectural beauty of Georgetown be preserved. Mr. SCHOEPPEL. Mr. President, I object to the bill. Mr. ELLENDER. I understand that $8,000 would be authorized under the bill. Would that come out of the District fund? CONGRESSIONAL RECORD—SENATE Mr. HUNT. I think it would be a direct appropriation. The PRESIDING OFFICER. Objec- tion has been heard to the bill. The bill will go over. AMENDMENT OF DISTRICT OF COLUMBIA TEACHERS’ SALARY ACT OF 1947 The Senate proceeded to consider the bill (S. 3180) to amend the District of Columbia Teachers’ Salary Act of 1947, which had been reported from the Com- mittee on the District of Columbia with amendments on page 6, to strike out all of section 6; on page 7, to change “Sec. 7.” to “Src. 6."; on pare 7, line 8, to change the figure “1930” to “1950”: and on page 7, line 10, to change “Sxc, 8.” a “Sec. 7.", so as to make the bill read: Be it enacted, ete, That section 2 of title IL of the District of Columbia Teachers’ Sal- ary Act of 1947 is amended to read as fol- lows “Sec 2 The Board of Education is hereby authorized to establish the eligibility re- quirements and prescribe such methcds of appointment or promotion for teachers, of- ficers, and other employees as it may deem proper The Board of Education is hereby authorized, empowered, and directed, on written recommendation of the Superintend- ent of Schools, to classify and assign all teachers, school officers, and other employees to the salary classes and positions in the foregoing salary schedule’ Provided, That teachers, school officers, and other employees On probationary or permanent status shall not be required to take any examinations, either mental or physical, to be continued in the positions in which they were em- ployed on June 80, 1947, or to which they may be transferred and assigned under the provisions ot section 6 of this act. After July 1, 1947, no teacher, school officer, or other employee shall be appointed in or pro- moted to group C in any salary class or ap- pointed in or promoted to salary classes 13 to 30, inclusive, unless he possesses a mas- ter’s degree. When used in this act, the words ‘master’s degree’ shall mean a mas- ter’s degree granted in course by an ac- credited higher educational institution. No teacher, school officer, or other employee shall receive compensation at a rate less than his annual compensation as of June 30, 1947, Including the additional compensation au- thorized by the act entitled ‘An act to au- thorize increases in the salary rates of teachers, school officers, and other employees of the Board of Education of the District of Columbia whose pay is flxed and regulated by the “District of Columbia Teachers’ Sal- ary Act of 1945,” as amended,’ approved July 31, 1946" Src, 2. Section 4 of title III of said act is amended by stiiking out fiom the first sen- tence thereof the following: “, exccpt as provided in section 2 of this act,”. Sec 8. Paragraphs (¢), (f), (g). (nh), (ik), (1), (m), (n), (0), (p), and (ab) of section 6 of title IIT of said act are amended to read as follows: “(e) Teachers in junior high schools, now assigned to salary class 2, group C, shall be tranaferred and assigned to salary class 2, group C, of the foregoing schedule; “(f) Teachers in junior high schools, now assigned to salary class 2, group D, shall be transferred and assigned to salary class 2, group C, of the foregoing schedule; “(g) Teachers in senior high schools, now assigned to salary class 8, group A, shall be transferred and assigned to salary class 8, group C, of the foregoing schedule; “(h) Teachers in senior high schools, now assigned to salary class 8, group B, shall be transferred and assigned to salary class 6, group C, of the foregoing schedule; 11083 “(k) Teachers in vocational or trade schools shall be transferred and assigned as follows: “(1) Vocational school teachers now as- signed to salary class 6, group A, shall be transferred and assigned to salary class 5, group A, of the foregoing schedule; “(2) Vocational school teachers now as- signed to salary class 5, group B, shall be transferred and assigned to salary class 65, Broup A, of the foregoing schedule, “(3) Vocational school teachers now as- Signed to salary class 6, group C, shall be transferred and assigned to salary class 5, group C, of the foregoing schedule, and (4) Vocational school teachers now as- signed to salary class 5, group D, shall be thansferred and assigned to salary class 5, group C, of the foregoing schedule; “(1) Research assistants shall be trans- ferred and assigned as follows’ “(1) Research assistants now assigned to salary class 6, group A, shall be transferred and assigned to salary cluss 6, group A, of the foregoing schedule; “(2) Research assistants now assigned to salary class 6, group B, shall be transferred and assigned to salary class 6, group A, of the foregoing schedule, “(3) Reseurch assistants now assigned to salary class 6, group C, shall be transferred and assigned to salary class 6, Broup C, of the foregoing schedule; and “(4) Research assistants now assigned to salary class 6, group D, shall be transferred and assigned to salary class 6, group C, of the foregoing schedule; “(m) Instructors in the teachers colleges now assigned to salary class 7, group A, shall be transierred and assigned to salary class 7 group C, of the foregoing schedule, "“(n) Instructors in the teachers colleges now assitned to salary class 7, group B, shall be transterred and assigned to Salary class 7, group C, of the foregoing schedule, “(o) Librarians in the teachers colleges now assigned to salary clase 8, group A, shall be transferred and assigned to salary class 8, group C, of the foregoing schedule, “(p) Librarians in the teachers colleges now assigned to salary class 8, group B, shall be transferred and assigned to salary class 8, group C, of the foregoing schedule; “(ab) Supervisors of penmanship, now as- signed to salary class 7, group B, shall be transferred and assigned to salary class 7, group C, of the foregoing schedule with the title of instructor in the teachers colleges,”. Src 4. Section 7 of title IV of said act is amended by striking from the first sentence thereof the following: “except as provided in section 2 of this act,”. &rc. 6, Section 9 of title IV of sald act is amended to read us follows “Sec 9 Every teacher, Ubrarian, research assistant, and instructor in the teachers col- leges in the service of the Board of Educa- tion on June 380, 1947, shall be transferred and assigned either to gioup A or to group C in salary classes 1 to 8, inclusive, in accord- ance with the provisions of section 6 of this act. Every teacher, librarian, research as- sistant, counselor, and instructor in the teachers colleges appointed on or after July 1, 1947, shall be assigned according to eligi- bility either to group A or to group C if the salary class to which he is appointed be di- vided into group A and group C. Every teacher, librarian, research assistant, and counselor transferred and assigned on July 1, 1947, to @ group A, or appointed to group A on July 1, 1947, or thereafter shall be pro- moted to group C on the basis of documentary evidence establishing the attainment of a recognized master’s degree. Provided, That after June 30, 1948, all promotions to group C shall be made on the first day of the month immediately following the date on which documentary evidence is submitted to the Yoard of Education establishing to the
. 11084 Board's satisfaction the attalnment of a rec- Ognized master’s degree.” Sxc. 6. The appropriations for general ad- mistration, general supervision and instruc- tion, and vocational education, George-Bar- den program, under the caption ‘Public schoo!s” contained in the District of Co- lumbia Appropriation Act of 1950, approved June 29, 1949, are hereby made available for the purposes of this act. Src. 7, This act shall take effect July 1, 1947. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, was read the third time, and passed. SUSPENSION OF RESTRICTIONS ON AU- THORIZED PERSONNEL STRENGTH OF ARMED FORCES The Senate proceeded to consider the bill (S. 3939) to suspend restrictions on the authorized personnel strength of the Armed Forces, and for other purposes, was announced as next in order. Mr. TYDINGS. Mr. President, I should like to make a brief explanation of this bill. Senators will recall that the number of men who can serve in the Navy, Army, Air Force, and Marine Corps is fixed by law. None of the branches of our armed services may have more men than Congress permits. The num- ber of men in the Marine Corps is fixed at 20 percent of the number of men in the Navy. At the present time it is contem- plated that the ceiling which the present laws have already imposed on the serv- ices will not allow the expansion of the Armed Forces which is desired in order to meet the emergency in Korea and else- where. The House of Representatives has already passed a bill removing the ceiling, because we do not know how large a force we may need. In any event it cannot be larger than appro- priation which we make for these pur- poses will permit. Inasmuch as the House yesterday passed an identical bill with the one now under consideration I ask that the bill (H. R. 9178) be sub- stituted for this bill, that the House bill be passed by the Senate, and that the Senate bill be indefinitely postponed. Mr. DOUGLAS and Mr. WHERRY ad- dressed the Chair. The PRESIDING OFFICER. Does the Senator yield; if so, to whom? Mr. TYDINGS. I yield first to the Senator from Ilinois. Mr. DOUGLAS. May I ask if the House bill removes the restriction on the Marine Corps? Mr. TYDINGS. All restrictions go off together, on the Marine Corps, Navy, Army, and Air Force. Mr.DOUGLAS. The point is, Will the strength of the Marine Corps be tied to the strength of the Navy? Mr. TYDINGS. The bill eliminates that restriction, so that there is no ty- ing in of the Marine Corps with the Navy. Mr. DOUGLAS. So that if the Navy should go up 20 percent, the Marine Corps could go up more than that? Mr. TYDINGS. Fifty, or 100 percent, if that were desired. Mr. DOUGLAS. I am glad the Sen- ator from Maryland, the chairman of the Armed Services Committee, has CONGRESSIONAL RECORD—SENATE recognized the Marine Corps as a com- bat unit. Mr. TYDINGS. Let me clear this question up. Not only is the Senator’s assumption correct, as he has stated it to me, but the Marine Corps Reserve, which can be called, is unlimited, so that we now have both ceilings off, and there is no limit. Mr. WHERRY. Mr. President, will the Senator yield? Mr. TYDINGS. I yield to the Senator from Nebraska. Mr. WHERRY. Does the House bill provide a time limitation? Mr. TYDINGS. No; not that I recall. Mr. GURNEY. Mr. President, the Senate committee adopted an amend- ment, as the Senator well remembers, and I wonder if the House bill contains that amendment. Mr. TYDINGS. I am advised by one of the experts of our committee that the House did include an amendment, and that it is the same amendment the Sen- ate committee adopted. Mr. GURNEY. That is fine, then. Mr. WHERRY. What is the amend- ment? Mr. TYDINGS. The extension orig- inally recommended was to July 9, 1951. We were advised by the military leaders that it would be better, as is customary in every national emergency, not to fix a limit. Each time we have gotten out from an emergency we have fixed a limit on the Army, Navy, Air Force, and so forth, hut we have never done so until the emergency had passed. For that reason both the House and the Senate committee struck out the time limit of July 9, 1951. Mr. WHERRY. Mr. President, I am & member of the Committee on Appro- priations, and of the subcommittee han- dling appropriations for the armed serv- ices. I have voted for all the appropria- tions for the military, both in war and in peace, for our own national defense, and I am perfectly willing to vote the necessary appropriations now just as quickly as is the Senator from Mary- land. Mr. TYDINGS. Iam sure of that. Mr. WHERRY. But I believe there should be some limitation on the time. Iam not complaining about the removal of the limitation on the number or about the appropriations, which will be han- died in the Committee on Appropria- tions. I think it is necessary to grant the President the powers he asks, and I am in favor of that. But it does seem to me that there should be some limitation on the time. If we strike out the lan- guage referred to, there is no limit on the time, and it seems to me some limitation is justified. Mr. TYDINGS. Mr. President, when- ever these matters have been dealt with for the future, in line with the Senator's suggestion, when the emergency is over, the forces have been “phased” down gradually, as it is called, as the troops come back, if they are abroad, and are deactivated, their equipment turned in, and they go back to civilian life. How quickly that can be done depends largely on where the troops are, and what the situation is at the end of the war, JULY 26 I would say to the Senator that I do not remember of an emergency in which our troops have ever fought, when real battle conditions have prevailed, when there has been a limitation on our armed forces, either in numbers or as to time. I see what the Senator has in mind, and I think it is a good point, but I sug- gest to him that one of the greatest values of this bill is not only the provi- sion to take the limits off the Army, Navy, and Air Force in the matter of such men as we need, but to show the world that whatever is needed, we are putting our- Selves in the position to produce. One of the great values of this is as a psy- chological factor, that for the time be- ing the wraps have been taken off, until the dove of peace shall come down a little closer to terra firma. Mr. WHERRY. I agree completely with the observations of the distin- guished Senator, with one exception. I am willing to expand the Army to the number the Army requests, for the need which is to be confronted. The number of men, the number of units, and the appropriations, are one thing, but I think that after that is done, there should be some time limit on these extraordinary powers, That is what I am discussing. I think some year should be inserted. If 1 year is not enough, make it 2 years. Certainly the Congress will be in session, and if there is a desire to extend the power and fix another limitation, that is all right so far as I am concerned, but not only as to this bill, but as to any other bill which comes before the Senate which asks for extraordinary powers, whether it has to do with appropriations, the number of the men in the armed forces, or whether it relates to powers to be imposed upon the economy, I believe there should be some time limit during which such powers should exist. Mr. TYDINGS. Let me point out an- other very practical mechanical difficulty which intervenes. When we get together armed forces, we quite often organize them with different kinds of enlistments, Some enlistments are for 1 year, some are for 2 years, some for 3 years, some are for the duration of the war. When- ever we impose a cut-off date arbitrarily on the Military Establishments, we make it very difficult to get the kind of long- range enlistments beyond that cut-off date which the establishment would normally like to have. The PRESIDING OFFICER. Under the rules of the Senate, the time of both Senators has expired. Mr. GURNEY. Mr. Piesident—— The PRESIDING OFFICER. The Senator from South Dakota. Mr. GURNEY. I yield time to the Senator from Maryland, The PRESIDING OFFICER. As the Chair understands, unanimous consent 1s requested that the Senator from Mary- Jand be allowed 5 minutes extra. Is there objection? The Chair hears none, and the Senator may proceed. Mr. TYDINGS. Mr, President, as the Senator from Nebraska well knows, the size of the Military Establishment, first of all, Is fixed by the amount of the appropriations, Even though now we have authorized the strength of the
1950 Army, Navy, and Air Corps, we have far less than is authorized, because we have appropriated only sufficient money to keep in being a force less than that which has been authorized. Having said that, let me move on to the difficulty of putting in the law a cut- off date. When a man comes forward to enlist, he is asked if he wants to en- list for the duration. He is asked quite often whether he wants 1o enlist for this, that, or the other period of time. Boys who are going to college like to make their enlistments so that if the war ter- minates quickly, they may get out of the service and go back and finish their schooling, or they may have other com- mitments of a similar nature, not neces- Sarily tied to education. If we put in the law an arbitrary cut- off date, and are going to assemble a large force, when young men come in to enlist, if there is no limitation on the size of the force, we are compelling the organization of the armed establishment to be limited to the year. If the Senator wanted to make it 4 years, the argument I make would not hold. Mr. WHERRY. Will the Senator yield for a question? Mr. TYDINGS. I yield. Mr. WHERRY. If we imposed a lim- itation of 2 years, does not the Senator feel every argument he has made would be met, because certainly if we are in ® four-alarm war, as we hoar it spoken of, there would be no question about ex-~ tending the time. All I am asking is that some reasonable time be fixed in the bill when the powers will cease to exist. I certainly want such a provision in effect until any emergency is over. Mr. TYDINGS. There would be no quarrel about extending it. The Senator and I would both extend it at the end of a 2-year period, if necessary. Mr. WHERRY. Certainly. Mr. TYDINGS, My point is that when ® Man undertakes to enlist for 4 years, the Army takes him for 4 years, If at the end of 2 years the component parts are to be changed, it makes it pretty hard for the Army establishment to plan just what kind of force they are going to have after the cut-off date. Mr. WHERRY. I am not going to argue about the length of time; the Senator feels that it should he 4 years, or 3 years, or 2 years, but I think there should be some limit. Does not the Sen- ator agree with me? Mr. TYDINGS. I would say the Sen- ator had a point. My suggestion would be that it be 4 years, because enlist- ments are for 4 years. We can at any time cut it down from four to two. Mr. WHERRY. I will not take any more time of the Senate. I believe we are in complete accord. Mr. TYDINGS. Yes. Mr. WHERRY. We can reduce it from four to two, just as well as we can increase it from two to four. But I wish the Senator would make it 3 years. That is the ordinary term of enlistment. Will the Senator accept 4 years? Mr. TYDINGS. I will. Mr. WHERRY. That will give some definite time to which it must be limited. Mr. TYDINGS. I will make it July 30, 1954, which is approximately 4 years XCVI-—698 CONGRESSIONAL RECORD—SENATE from now, and have it end at the end of the month, The PRESIDING OFFICER. Does either Senator offer that as an amend- ment? Mr. WHERRY. I will offer that as an amendment, if the Senator from Mary- land will accept it. Mr. TYDINGS. I will accept it. The PRESIDING OFFICER. The Senator from Nebraska has offered an amendment which wil! be inserted in the proper place. Is there objection to the request of the Senator from Maryland that the language of of the House bill be substituted for the language of the Senate bill, and that the amendment as last offered by the Senator from Nebraska and agreed to by the Senator from Mary- land, be added? Mr. WHERRY. Make the date July 31. Mr. TYDINGS. Very well; make it the 81st of July. The PRESIDING OFFICER, language of the two bills is identical. The Senator from Maryland has asked that House bill 9178, a bill identical with the Senate bill, be substituted for the Senate bill. Is there objection? There being no objection, the Senate Feoceeded to consider the bill (H. R. 9178) to suspend restrictions on the au- thorized personnel strength of the armed forces, and for other purposes. Mr. TYDINGS. Mr. President, I now ask unanimous consent to amend the bill by inserting on page 1, line 9 of the engrossed House bill, after the word reushended” the words “until July 31, 95 ed The PRESIDING OFFICER. The question is on the amendment of the Senator from Maryland. The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time, The bill (H. R. 9178) was read the third time and passed. The PRESIDING OFFICER. With- out objection, the Senate bill will be in- definitely postponed. LOYALTY IN THE ARMED SERVICES Mr. TYDINGS. Mr. President, a par- liamentary inquiry. The PRESIDING OFFICER. The Senator will state it. Mr. TYDINGS. There is on the cal- endar a bill dealing with loyalty in the armed services which is some distance down. Iam not going to ask that it be considered now, because that would be unfair, but I hope that if it is not reached before the end of the day, the minority leader and the acting majority leader will be given an opportunity for the consideration of the bill, which is a “must.” It is on page 45, and is Calen- dar No. 2156, House bill 7439, an act to protect the national security of the United States by permitting the sum- mary suspension of employment of civil- jan officers and employees of various de- partments and agencies of the Govern- ment, and for other purposes. It is a very important bill, and I do not want the Senate to recess today without con- sidering it. The 11085 Mr. WHERRY. Mr. President, will the Senator yield for a question? Mr. TYDINGS. I yield. Mr. WHERRY. Is there a time limi- tation on the life of the bill? That is, when are the powers granted to end? Mr. TYDINGS. I think this is a per- manent policy, so far as I know. Mr. WHERRY. I will look into the matter. Mr. MORSE. Mr. President, I desire to address myself very briefly to the remarks of the Senator from Maryland. Iam very much involved in that bill, and very much concerned about it, because, as the bill comes to the floor of the Sen- ate, it represents a complete misunder- standing, so far as the junior Senator from Oregon is concerned, as to what he at least thought was going to be the amendment for which he fought in com- mittee to be incorporated in the bill. The amendment as written in the bill is entirely unacceptable by the Senator from Oregon. Therefore, I shall object to the bill when it is reached on the calendar. I ask the Senator from Maryland, is it not true that the power which the bill seeks to make permanent already exists in the Military Establishment, and therefore it is not a “must” bill so far as an immediate timetable is concerned, because they have the power and have been exercising the power for some time to do the very thing the bill seeks to give them the power to do permanently, Mr. TYDINGS. Mr. President, the statement of the Senator from Oregon is correct insofar as it deals only with the military. There are other departments of the Government to which up to the present the law does not extend. Let me say to the Senator from Oregon that I would be very glad to have one of the experts from the committee who had a part in drafting the amendment confer with the Senator from Oregon to see whether or not the amendment fs in the shape that I think we all agreed to when the bill was in the committee. Mr. MORSE. Mr, President, I have no objection to that, but so no one will misunderstand my position let me make clear my objection, and I can do it very quickly. I thought we were reaching an agreement that would give to the in- dividual employee, as a matter of right, an appeal to the Civil Service Commis- sion. I find now, as I read the final draft of the bill, that he gets an appeal to the Civil Service Commission only if some department head decides to con- sider him for a job after some other offi- cial of government has decreed that he ds a bad security risk. Mr. TYDINGS. Mr. President, will the Senator yield? Mr. MORSE. No, not at the moment. I want it clearly understood for the record, Mr. President, that I will en- deavor to preserve to any department head during this emergency, whether it 4s Justice or Treasury or Navy or Air Force or any place else where we say there is security sensitivity, the right to say that under no circumstances shall an official have to accept in his employ- ment any person in whom he does not
11086 have complete confidence. But Iam go- ing to insist, so far as I am concerned, and within my power, on trying to secure an amendment under which once the official says that with regard to Mr. X, ther Mr. X shall have a right to appeal that decision to the Civil Service Com- mission for the purpose of getting his record clear. Not for the purpose of coming back to work in the department that has decreed him to be a bad secu- rity risk, but for the purpose of having his record clear as to whether or not the department made a mistake on the evi- cence. It is an arbitrary power which I am not going to vote to give to any man in government wivuhout a check upon his judgment. In my judgment that cannot be reconciled with a fair hearing. The PRESIDING OFFICER. The time of the Senator from Oregon has expired. Mr. WHERRY subsequently said: Mr. President, I desire to take time to state that after looking over House bill 7439, Calendar No. 2156, the bill to which the Senator from Maryland has referred, while it might need some modification, XI am not sure about the point raised by the distinguished Senator from Ore- gon. Asa general principle I am for the bill and I will do my level best to see that the bill, if it can be modified so as to suit everyone's wishes, is passed. It is a good bill. The PRESIDING OFFICER. The next bill on the calendar will be stated. LAND RADIO MONITORING STATIONS The bill (H. R. 4251) to amend sec- tion 4 (g) of the Communications Act of 1934 to permit the Federal Communica- tions Commission to make expenditures for land for radio monitoring stations, and for other purposes, was announced as next in order, The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (H. R. 4251) to amend section 4 (g) of the Com- munications Act of 1934 to permit the Federal Communications Commission to make expenditures for land for radio monitoring stations, and for other pur- poses, which had been reported from the Committee on Interstate and Foreign Commerce with an amendment to strike out all after the enacting clause, and insert: That this act may be cited as “Communt- cations Act Amendments, 1950.” Sc. 2 Subsection (0) of section 3 of the Communications Act of 1934, as amended, is amended to read as follows: “(o) ‘Broadcasting’ means the dissemina- tion of radio communications intended to be received directly by the general public.” Sxc. 3. Section 3 of such act is further amended by adding after subsection (aa) the following: “(bb) The term ‘license,’ ‘station license,’ or ‘radio station license’ means that instru- ment of authorization required by this act or the rules and regulations of the Commis- sion made pursuant to this act, for the use or operation of apparatus for transmis- sion of energy. or communications, or signals by radio, whatever name the instrument may be designated by the Commission. “(ec) The term ‘broadcast station,’ ‘broad- casting station,’ or ‘radio broadcast station’ means a radio station equipped to engage in broadcasting as herein defined, CONGRESSIONAL RECORD—SENATE “(dd) The term ‘construction permit’ or ‘permit for construction’ means that instru- ment of authorization required by this act or the rules and regulations of the Come mission made pursuant to this act for the installation of apparatus for the transmis- sion of energy, or communications, or signals by radio, by whatever name the instrument muy be designated by the Commission.” Src. 4. (a) Subsection (b) of section 4 of such act, as amended, ts amended by strik- ing out the last two sentences thereof and Inserting in Meu thereof the following: “Such Commissioners shall not engage in any other business, vocation, profession, or employment but this shall not apply to the preparation of technical or professional pub- Ncations for which reasonable honorarium or compensation may be paid. Any such Commissioner serving as such after 1 year from the date of enactment of the Commu- nications Act Amendments, 1950, shall not for & period of 1 year following the termi- nation of his services as a Commissioner represent before the Commission in a pro- fessional capacity any person, including all persons under common control, subject to the provisions of this act, except that this restriction shall not apply to any Commis- stoner who has served the full term for which he was appointed. Not more than four members of the Commission shall be mem- bers of the same political party.” (b) Subsection (f) (1) of section 4 of such act is amended to read as follows: “(f) (1) Without regard to the civil-service Jaws or the Classification Act of 1949, as amended, (1) the Commission may appoint and prescribe the duties and fix the salaries of a secretary, a chief engineer and not more than two assistants, a chicf accountant and not more than two assistants, a general coun- sel and not more than two assistants, and counsel temporarily employed and designated by the Commission for the performance of specific special services; and (2) each Com- missioner may appoint and prescribe the duties of a legal assistant at an annual salary not to exceed $10,000 and a secretary at an annual salary not to exceed $5,600. The chief engineer, the chief accountant, and the gen- eral counsel shall each receive an annual salary of not to exceed $11,200; the secretary shal] receive an annual salary of not to ex- ceed $10,000, and no assistant shall receive an annual salary in excess of $10,000: Provided, That on and after 1 year from the date of enuctment of Communications Act amend- ments, 1960, the secretary of the Commission, the chief engineer and his assistants, the chief accountant and his assistants, the gen- eral counsel and his assistants, and the legal assistants to each Commissioner shall not, for the period of 1 year next following the cessation of their employment with the Com- mission, represent before the Commission in a professional capacity any person, including all persons under common control, subject to the provisions of this act. The Commission shall have authority subject to the provi- sions of the civil-service laws and the Classi- fication Act of 1949, as amended, to appoint such other officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the execution of its functions.” (c) The first sentence of subsection (g) of section 4 of such act, as amended, is amend. ed to read as follows: “(g) The Commission may make such ex- penditures (including expenditures for rent and personal services at the seat of Govern- ment and elsewhere, for Office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construc- tion of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratorics and other related facilities JULY 26 (including construction of minor subsidiary buildings and structures not exceeding $25,. 000 in any one instance) used 1n connection with technical research activities, as may be necessary for the execution of the functions vested in the Commission and as from time to time maybe appropriated for by Congress.” (ad) Subsection (k) of section 4 of such act is amended to read as follows: “(k) The Commission shall make an an- nual report to Congress, copies of which shall be distributed as are other reports trans- mitted to Congress. Such reports shali contain— “(1) such information and data collected by the Commission as may be considered of value in the determination of questions con- nected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy. (2) such information and data concern- ing the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and ac- complishments of the Commission and the adequacy of its staff and equipment: Pro- vided, That the first and second annual re- ports following the date of enactment of Communications Act Amendments, 1950, shall set forth in detail the number and cap- tion of pending applications requesting ap- proval of transfer of control or assignment of a station license, or construction permits for new stations, or for increases in power, or for changes of frequency of existing sta- tions at the beginning and end af the period covered by such reports; “(3) information with respect to all per- sons taken into the employment of the Com- mission during the year covered by the re- port, including names, pertinent biographi- cal data and experience, Commission posi- tions held and compensation paid, together with the names of those persons who have left the employ of the Commission during such year: Provided, That the first annual report following the date of enactment of Communications Act Amendments, 1950, shall contain such information with respect to all persons in the employ of the Commis- sion at the close of the year for which the report js made; . “(4) an itemized statement of all funds ex- pended during the preceding year by the Commission, of the sources of such funds, and of the authority in this act or elsewhere under which such expenditures were made; and “(5) specific recommendations to Congress as to additional legislation which the Com-~ mission deems necessary or desirable, includ- ing all legislative proposals submitted for approval to the Director of the Budget.” Sec. 5, Section 5 of such act, as amended, is amended to read as follows: “ORGANIZATION OF THE COMMISSION “8° 7.5. (a) The memher of the Commis- sion designated by the President as Chair- man shall be the chief executive officer of the Commission. It shall be his duty to pre- side e+ all meetings and sessions of the Com- mission, to represent the Commission in all matters relating to legislation and legisla- tive reports, to represent the Commission in all matters requiring conferences or com- munications with other governmental offi- cers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and ef™cient disposition of all mat- ters within the jurisdiction of the Com- mission. In the case of a vacancy in the office of the Chairman of the Commission, or the absence or inability of the Chairman to serve, the Commission may temporarily des- ignate and appoint one of its members to act as Chairman until the cause or circum- stance requiring such service shall have been eliminated or corrected. “(b) Within 60 days after the enactment of the Communications Act amendments,
1950 1960, and from time to time thereafter og the Commission may find necessary, the Commission shali organize its legal, engi- neering, and accounting staff into (1) inte- grated divisions, to function on the basis of the Commission's principal work-load opera- tions; and (2) into such other divistonal or- ganizations as the Commission may deem necessary to handle that part of its work load which cuts across morc than one inte- gratec division or which docs not lend itself to the integratod division set-up. Each such integrated division and divistonal organiza- tion shall ’nclude such legal, engineering, accounting, administrative, and clerical per- sonnel as the Commission may determine to be necessary to perform its functions The general counsel, the chief engineer, and the chief accountant and their rospective assistants shall carry out their respective dutics under such rules and regulations as the Commission may prescribe. The Com- mission shall establish a staff, directly re- sponsible to it, which shall include such legal, engineering, and accounting personnel as the Commission deems necessary, whose duty shall be to prepare such drafts of Com- mission decisions, oraers, and other memo- randa as the Commission, in the exercise of its quosi-judicial duties, may from time to time direct: Provided, That no member of such staff shall participate in a hearing or represent the Commission, directly or in- directly, in any prosecutory or investigatory function or proceeding. “(c) Except as provided in section 409 horcof, the Commission, when necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, is hereby authorized and directed to assign or refer any portion of its work, business, or functions to an individual Com-~ missioner or Commissioners or to a board composed of one or more employees of the Commission, to be designated by such order for action thereon, and by its further order at any time to amend, modify, or rescind any such order or reference’ Provided, That this authority shall not extend to duties other- wise epecifically imposed by this or any other act of Congress. Any order, decision, or re- port made or other action taken pursuant to any such order or reference shall have tho same force and effect and may be made, evi- denced, and enfo1ced as is made by the Com- mission’ Piovided, however, That any person aggrieved by any such order, decision, or re- port may nile a petition for review by the Commission, and every such petition shall ba passed upon by the Commission, The secre- tary and seal of the Commission shall be the secretary and seal of such individual Com- missioner or board. “(d) Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Com- mission with the objective of rendering a final decision (1) within 3 months from the date of filing in all original application, re- newal, and transfer cases and (2) within 6 months from the final date of the hearing in all hearing cases; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such 8- or 6-month period, respec~ tively, stating the reasons therefor.” Sac. 6. Subsection (da) of section 307 of such act ia amended to read as follows: “(d) No license granted for the operation of a broadcasting station shall be for a longer term than 8 years and no license so granted for any other class of station shall be for a longer term than & years, and any license granted may be revoked as hereinafter pro- vided. Upon the expiration of any lcense, CONGRESSIONAL RECORD—SENATE upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 3 years in the case of broadcasting licenses and not to exceed 5 years in the case of other licenses if the Commission finds thet public interest, con- venience, and necessity would be served thereby.” Sec 7. So much of subsection (a) of sec- tion 308 of such act as precedes the second proviso is amended to read as follows. “The Commlesion may grant instruments of au- thorization entitling the holdeis thereof to construct or operate apparatus for the trans- mission of energy, or communications, or signals by radio or modifications or renew- als thereof, only upon written application therefor 1cceived by it Provided, That (1) in cascs of emergency found by the Commis- sion involving danger to life or property or due to damage to equipment, or (2) during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, the Commission may grant and issue authority to construct or operate appa- ratus for the transmission of energy or com- munications or signals by radio during the emergency so found by the Commission or during the continuance of any such war, in such manner and upon such terms and con- ditions as the Commlesion shall by regula- tion prescribe, and without the filling of a formal application, but no such authority shall be granted for a period beyond the pe- riod of the emergency requiring it nor re- main effective beyond such period " Sec 8. Section 309 of such act, as amend- ed, is amended to read as follows: “HEARINGS ON APPLICATIONS FOR LICENSES; FORM OF LICENSES, CONDITIONS ATTACHED TO LICENSES “Src 309. (a) If upon examination of any application provided for in section 308 the Commission shall determine that public in- terest, convenience, and necessity would be served by the granting thereof, it shall au- thorize the issuance of the instrument of authorization for which application is made in accordance with said finding. “(b) If upon examination of any such ap- plication the Commission is unable to make the finding specified in subsection (a) of this scction, it shall forthwith notify the applicant and other known parties in inter- est of the grounds and reasons for its in- nbility to make such finding Such notice, which shall precede formal designation for a hearing, shall advise the applicant and all other known parties in interest of all objec- tions made to the application as well as the cource and nature of such objections. Fol- lowing such notice, the applicant shall be given an opportunity to reply. If the Com. mission, after considering such reply, shall ba unable to make the finding specified in sub- section (a) of this section, 1t shall formally designate the application for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such ection and the Grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or require- ments phrased generally. The parties in in- terest, if any, who are not notified by the Commission of its action with respect to a particular application may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest at any time not loss than 10 days prior to the date of hearing. Any hearing subsequently held upon such appli- cation shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue syacified by the Commission, as well as the 11087 burden of proof upon all such issues, shall be upon the applicant. “(c) When any instrument of authoriza- tion 18 granted by the Commission without 8 hearing as provided in subsection (a) here of, such grant shall remain subject to pro- test as hereinafter provided for a period of 80 days. During such 30-day period any party in interest may file a protest under oath directed to such grant and request a hearing on said applicaticn so granted, Any protest co filed shall contain suoh allega- tions of fact as will show the protestant to be a party in interest and shall specify with particularity the facts, matters, and things relied upon, but shall not include issues or allcgations phrased generally. The Com- mission shall, within 15 days from the date of the filing of such protest, enter findings as to whether such protest meets the fore- going requirements and if it so finds the application involved shall be set for hearing upon the issues set forth in said protest, to- gether with such further spectfic issues, if any, a8 may be prescribed by the Commis- sion, In any hearing subsequently held upon such application all issues specified by the Commission shall be tried in the same manner provided in subsection (b) hereof but with respect of all issues set forth in the protest and not specifically adopted by the Commission, both the bur- den of proceeding with the introduction of evidence and the burden of proof shall be upon the protestant. The hearing and de- termination of cases arising under this sub- section shall be expedited by the Commission and pending hearing and decision the effec< tive date of the Commission's action to which protest is made shall be postponed to the effective date of the Commission's decision after hearing, unless the authorization in- volved is necossary to the maintenance or conduct of an existing service, in which event the Commission shall authorize the applicant to utilize the facilities or authori- zation in question pending the Commission's decision after hearing “(d) Such station licenses as the Com- mission may grant shal] be in such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions to which such license shall be subject. (1) The station license shall not vest in the licensee any 1ignt to operate the station nor any right in the use of the frequencies desig- nated in the license beyond the term thereof nor in any other manner than authorized therein, (2) neither the license nor the right granted thereunder shall bo assigned or otherwise transferred in violation of this act; (3) every license issued under this act shall be subject in terms to the right of use or control conferred by section 606 hereof.” Sec 9 Subsection (b) of section 310 of said act is amended to read as follows: “(b) No instrument of authorization granted by the Commission entitling the holder thereof to construct or to operate radio apparatus and no rights granted there- under shall be transferred, assigned, or dis- posed of in any manner, voluntarily or in- voluntarily, directly or indirectly, or by trans- fer of control of any corporation holding such instrument of authorization, to any person except upon application to the Commission and upon finding by the Commission that the proposed transferee or assignee possesses the qualifications required of an original permittee or licensee. The procedure for handling such application shall be that pro- vided in section 309.” Sec. 10. Section 311 of such act, as amended, is amended to read as follows: “Bec. 311. The Commission is hereby di- rected to refuse a station license and sor the permit hereinafter required for the con- struction of a station to any person (or to any person directly or indirectly controlled by such person) whote Heense has been re- voked by a court under section 313,”
11088 Bec, 11. Section 312 of such act, as amend- ed, is amended to read as follaws: “REVOCATION OF LICENSES; CEASE-AND~DESIST ORDERS “grec. 312. (a) Any station license may be revoked (1) because of conditions coming to the attention of the Commission since the granting of such license which would have watranted the Commission in refusing to grant such license, or (2) for violation or failure to observe any of the restrictions or provisions of a treaty ratified by the United Bates, or (8) for violation of or failure to observe the terms and conditions of any cease-and-desist order issued by the Com- mission pursuant to subsection (b) hereof, The Commission muy institute a revocation proceeding by scrving upon the licensee an order to show cause why its license should not be revoked. Said orders shall contain a statement of the particulars and matters with respect to which the Commission 1s inquiring and shall call upon the licensee to appear before the Commission at a time and place therein stated, but in no event less than thirty days after receipt of such notice, and give evidence upon the matter specified in said order: Provided, That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice. If, after hearing, or a waiver thereof by the licensee, the Com- mission determines that a revocation order should issue, it shall make a report in writ- ing stating the findings of the Commission and the grounds and reasons therefor and shall cause the same to be served ov said licensee, together with such order “(b) Where any person (1) has failed to operate substantially as set forth in an in- strument of authorization, or (2) has tailed to observe any of the restrictions and con- ditions of this act or of a treaty ratified by the United States, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this act, the Commission may institute a proceeding by serving upon such person an order to show cause why it should not cease and desist from such action, Said order shall contain a statement of the particulars and matters with respect to which the Commission is in- quiring and shall call upon such person to appear before the Commission at a time and place therein stated, but in no event less than 80 days after receipt of such notice, and give evidence upon the matter specified jin said order. If, after hearing, or a waiver thereof by such person, the Commission de- termines that a cense-and-desist order should issue, it shall make a report in writ- ing stating the findings of the Commission and the grounds and reasons the:for and shall cause the same to be served on said person, together with such order” Sec. 12, Part I of title III of such act ts amended by adding the following new sec- tion: “YODIFICATION BY COMMISSION OF CONSTRUC+ TION PERMITS OR LICENSES “Bec 330. (a) Any station license granted under the provisions of this act or the con- struction permit required thereby may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commis- slon such action will promote the public in- terest, convenience, and necessity, or the provisions of this act or of any treaty rati-~ fied by the United States will be more fully compiled with: Provided, That no such order of modtfcation shall become final until the holder of such outstanding Ncense or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall have been given reason- able opportunity, in no event less than 30 days, to show cause by public hearing, if re~- quested, why such order of modification CONGRESSIONAL RECORD—SENATE should not issue: Provided, That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice. “(b) In any case where a hearing is con- ducted pursuant to the provisions of this section or section 312, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission.” Sec. 13, Part I of title III of such act is amended by adding the following new sec- tion: “LIMITATIONS ON QUASI-JUDICIAL POWERS “Sec, 331. No license granted and issued under the authoiity of this Act for the op- eration of any radio station shall be modified by the Commission, except in the manner provided in section 330 (a) hereof, and no such license may be revoked, terminated, or otherwise invalidated by the Commission, except in the manner and for the reasons provided in section 312 (a) hereof When application is made for renewal of an exist- ing license, which cannot be disposed of by the Commission under the provisions of sec- tion 309 (n) hereof, the Commission shall employ the procedure specified in section 309 (b) hereof, except that in any hearing subsequently held upon such application the burden of proceeding with the evidence and of substantiating the grounds and reasons specified by the Commission in the formal notice of hearing issued pursuant to section 809 (b) hereof shall be upon the appropriate division established by the Commission un- der the provisions of section 5 (b) hereof or upon any party or parties who may oppose such renewal, but as a condition precedent to the renewal the Commission shall affirm- atively find that the public interest, con- venience and necessity will be served by such renewal. Pending such hearing and final decision pursuant thereto the Commission shall continue such license in effect” Src 14 The heading of section 401 of such act is amended to read. “Jurisdiction to en- force act and orders of Commission, declar- atory orders” and such section is amended by adding at the end thereof a new subsection (e) as follows. “(e) The Commission is authorized, in ite sound discretion and with like effect as in the case of other orders, to issue a declara~ tory order to terminate a controversy or remove uncertainty. Notwithstanding the provisions of section 5 (d) of the act of June 11, 1946 (60 Stat. 239) declaratory orders shall be issued only upon the petition of, and after notice to and opportunity for hearing by, persons who are bona fide appli- cants for, or the holders of, construction permits or lhcenses, or otherwise subject to the jurisdiction of the Commission, and shall not bind or affect the rights of persons who are not parties of such proceedings Such orders shall be available to declare rights and other legal relations arising under the pro- visions of any treaty ratified by the United States, under any provision of this act, or under any order, rule, regulation, term, con- dition, Mmitation, or requirement issued, promulgated, or adopted by the Commission, whether or not involving failure to comply therewith.” Sc, 15. Section 402 of such act is amended to read as follows: “Src. 402. (a) The provisions of the act of June 25, 1948 (62 Stat. 992), as amended, relating to the enforcing or setting aside of orders of the Interstate Commerce Commis- sion are hereby made applicable to suits to enforce, enjoin, set aside, annual, or suspend any order of the Commission under this act (except those appealable under the provisions of subsection (b) hereof), and such suits are hereby authorized to be brought as provided in thet act. In addition to the venues specified in that act, suits to enjoin, set aside, annul, or suspend, but not to enforce, any such order of the Commission may also JULY 26 be brought in the United States District Court for the District of Columbia. “(b) Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of Columbia in any of the following cases. “(1) By any applicant for any instrument of authorization required by this act, or the regulations o1 the Commission made pur- suant to this act, for the construction or op- eration of apparatus for the transmission of energy. or communications, or signals by radio, whose application is denied by the Commission. “(2) By any applicant for the renewal or modification of any such instrument of au- thorization whose application is denied by the Commission, “(3) By any party to an application for authority to assign any such instrument of authorization or to transfer control of any corporation holding such instrument of au- thorization whose application is denied by the Commission. “(4) By any applicant for the permit re- quired by section 32% of this act whose ap- plication has been denied by the Commis- sion or any permittee under said section whose permit has been revoked by the Com- mission. “(5) By the holder of any instrument of authorization required by this act, or the regulations of the Commission made pur- suant to this act, for the construction or op- eration of apparatus for the transmission of energy, or communications or signals by radio, which instrument has been modified or revoked by the Commission, “(6) By any other person who is aggrieved or whose interests are adversely affected by any order of the Commission granting or denying any application described in para- graphs (1), (2), (3), and (4) hereof. “(7) By any person upon whom an order to cease and desist has been served under section 312 (b) of this act. “(8) By any party to a proceeding under section 401 who is aggrieved or whose in- terests are adversely affected by a declara- tory order entered by the Commission “(9) By any radio operator whose license has been suspended by the Commission “(c) Such appeal shall be taken by filing a notice of appeal with the court within 30 days after the entry of the order com- plained of. Such notice of appeal shall con- tain a concise statement of the nature of the proceedings as to which the appeal is taken, @ concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and proof of service of @ true copy of said notice and statement upon the Commission. Upon filing of such notice, the court shall have exclusive juris- diction of the proceedings and of ,the ques- tions determined therein and shall have pow- er, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as it may deem just and proper, Orders granting temporary relief may be either affirmative or negative in their scope und application so as to permit either the maintenance of the status quo in the matter in which the appeal is taken or the restoration of a position or status termi- nated or adversely affected by the order ap- pealed from and shall, unless otherwise or- dered by the court, be effective pending hear- ing and determination of said appeal and compliance by the Commission with the final judgment of the court rendered in said appeal. “(d) Upon the filing of any such notice of appeal the Commission shall, not later than 5 days after the date of service upon it, notify each person shown by the records of the Commission to be interested in said Q@ppeal of the filing and pendency of the same and shall thereafter permit any such person to inspect and make copies of said notice «nd statement of reasons therefor
1950 at the office of the Commission in the elty of Washington. Within 80 days after the filing of an appeal, the Commission shall file with the court a copy of the order com- pleined of, a full statement in writing of the facts and grounds relied upon by it in sup- port of the order involved upon said appeal, and the originals or certified copies of all pepors and evidence presented to and con- sidered by it in entering said order. “(e) Within 30 days after the filing of an appeal any interested person may inter- vene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verl- fied statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission Any person who would be aggrieved or whose interest would be ad- versely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party. “(f) The record and briefs upon which any such appeal shall be heard and deter- mined by the court shall contain such in- formation and material, and shall be pre- pared within such time and in such manner as the court may by rule prescribe. “(g) At the earliest conventent time the court shall hear and determine the appeal upon the record before it in the manner prescribed by section 10 (e) of the act of June 11, 1946 (60 Stat 243). “(h) In the event that the court shall render a decision and enter an order revers~ ing the order of the Commission, it shall re« mand the case to the Commission to carry out the Judgment of the court and it shall be the duty of the Commission, in the ab- sence of the proceedings to review such Judgment, to forthwith give effect thereto, and unless otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was heard and determined. “(1) The court may, in its discretion, en- ter Judgment for costs in favor of or against an appellant, or other intereste@ partics in- tervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof. “(4J) The court’s judgment shall be final, subject, however, to review by the Supreme Court of the United States as hereinafter provided— “(1) an appeal may be taken direct to the Suprome Court of the United States in any case wherein the jurisdiction of the court is invoked, or sought to be invoked, for the purpose of reviewing any decision or order entered by the Commission in proceedings instituted by the Commission which have as their object and purpose the revocation of an existing license or any decision or order entered by the Commission in proceedings which involve the failure or refusal of the Commission to renew an existing license. Such appeal shall be taken by the filing of an application thorefor or notice thereof within 30 days after the entry of the judg- ment sought to be reviewed, and in the event such an appeal is taken the record shall be made up and the case docketed in the Supreme Court of the United States within 60 days from the time such an appeal is allowed under such rules as may be pre- scribed, “(2) in all other cases, review by the Supreme Court of the United States shall be upon writ of certiorari on petition therefor under section 240 of the Judicial Code, as amended, by the appellant, by the Commis- sion, or by any interested party intervening in the appeal, or by certification by the court pursuant to the provision of section 239 of the Judicial Code, as amended.” Src. 16. The heading of section 406 of such act is amended to read: “Rehearings before CONGRESSIONAL RECORD—SENATE Commission” and such section is amended to read as follows. “Bxc, 408. (a) After a decision, order, or re- quirement has been made by the Commission in any proceeding, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may petition for rehearing. Petitions for rehearing must be filed within 30 days from the entry of any decision, order, or requirement complained of except for those cases in which the de- cision, order, or requirement challenged is necessary for the maintenance or conduct of an existing service, the filing of such a petition shall automatically stay the effec- tive date thereof until after decision on said petition. The filing of a petition for rehear- ing shall not be a condition precedent to judicial review of any such decision, order, or requirement, except where the party seeking such ~eview was not a party to the proceed- ings resulting in such decision, order, or requirement, or where the party seeking such roview relies on questions of fact or law upon which the Commission has been af- forded no opportunity to pass. Rehearings shall be governed by such general rules as the Commission may establish: Provided, That, except for newly discovered evidence or evidence otherwise available only since the original taking of evidence, no evi- dence shall be taken on any rehearing The time within which an appeal must be taken under section 402 (a) hereof shall be com- puted from the date upon which orders are entered disposing of all petitions for rehear- ing filed in any case, but any decision, order, or requirement made after such rehearing reversing, changing, or modifying the origi- nal deteimination shall be subject to the same provisions with respect to rehearing as an original order” Sec 17. Section 409 (a) of such act is amended to read as follows. “Sec 409 (a) Notwithstanding the pro- visions of section 7 (a) of the act of June 11, 1946 (60 Stat 241), all cases in which a hearing is required by the provisions of this act or by other applicable provisions of law shall tbe conducted by the Commission or by one or more examiners provided for in section 11 of the act of June 11, 1946 (60 Stat. 244), designated by the Commission. The officer or officers presiding at any such hearing shall have the same authority and duties exercised in the same manner and subject to the samo conditions specified in section 7 of that act. “(b) Notwithstanding the provisions of section 8 of the act of June 11, 1946 (60 Stat. 242), the officer or officers conducting a hear- ing shall prepare and file an intermediate report. In all such cases the Commission shall permit the filling of exceptions to such intermediate report by any party to the pro- ceeding and shall, upon request, hear oral argument on such exceptions before the entry of any final decision, order, or requirement. All decisions, including the intermediate re- port, shall become a part of the record and shall include a statement of (1) findings and conclusions, as well as the basis therefor, upon all material issues of fact, law, or dis- cretion, presented on the record; and (2) the appropriate decision, order, or requirement. “(c) Notwithstanding the provisions of section 5 (c) of the act of June 11, 1946 (60 Stat. 239), no officer conducting a hearing pursuant to (a) and (b) hereof shall, except to the extent required for the disposition of ex parte matters as authorized by law, con- sult any person or party on any fact or ques- tion of law in issue, unless upon notice and opportunity for all parties to participate; nor shall such officer be responsible to or subject to the supervision or direction of any other person engaged in the performance of investigative, prosecuting, or other func- tions for the Commission or any other agency of the Government. No person or persons engaged in the performance of investigative Or prosecuting functions for the Commis. 11089 sion or for any other agency of the Govern- ment shal! participate or advise in the pro- ceedings described in (a) and (b) hereof, ex- cept as a witness or counsel in public pro- ceedings. The Commission shall not em- ploy attorneys or other persons for the pur- pose of reviewing transcripts or preparing intermediate reports of final decisions, ex- cept that this shall not apply to the review staff provided by subsection 6 (b) and to legal assistants assigned separately to a Commission member who may, for such Commission member, review such tranecripts and prepare such drafts. No intermediate report shall be reviewed either before or after its publication by any person other than a member of the Commisston or his legal assistant, as above provided, and no ex- aminer, who conducts a hearing, shall ad- vise or consult with the Commission with respect to his intermediate report or with respect to exceptions taken to his findings, rulings, or recommendations.” (b) Subsections (b), (c), (da), (e), (f), (g), (nh), (1), and (j) of section 409 are amended to read subsections (d), (e), (f), (&), (Bh), (1), (3), (8), and (1), respectively, Sec. 18 Section 414 of such act is amended by adding at the end thereof the following: “Except as specifically provided in this act the provisions of the act of June 11, 1946 (60 Stat 237), shall apply in all proceedings un- der this act” Sec. 19. Chapter 63 of the Criminal Code, title 18, 1s amended by inserting a new sec- tion as follows. “FRAUD BY RADIO “SEC 1343 Whoever, having devised or in- tending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, shall transmit or cause to be transmitted by means of ra- dio communication or interstate wire com- munication, any writings, signs, signals, Pic- tures, or sounds for the purpose of execut- ing such scheme or artifice, or whoever op- erating any radio station, for which a license is required by any law of the United States, knowingly permits the transmission of any such communicatigqn, shall be fined not more than 810,000 or imprisoned not more than 6 years, or both” Bec. 20 If any provision of this act or the application thereof to any person or circum- stance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby. The amendment was agreed to, The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed, The title was amended so as to read: “An act to further amend the Communi- cations Act of 1934.” Mr. McFARLAND. Mr. President, I move that the Senate insist upon its amendment, request a conference there- on with the House, and that the Chair appoint conferees on the part of the Senate. The motion was agreed to; and the Presiding Officer appointed Mr. McFar- LAND, Mr. JoHnson of Colorado, Mr. Hont, Mr. Tosgy, and Mr. CapgHart con- ferees on the part of the Senate. REFERENCE OF HOUSE BILL 1603 TO COURT OF CLAIMS The resolution (8. Res 317) referring House bill 1603 to the Court of Claims ‘was considered and agreed to, as follows: Resolved, That the bill (H., R. 1603) entitled “Por the relief of Walter P. Gardner, sole sur- viving trustee of the property of the Central
11090 Railroad Co. of New Jersey" now pending in the Senate, together with all the accom- panying papers, is hereby referred to the Court of Claims; and the court shall proceed with the same in accordance with the pro- visions of sections 1492 and 2509 of title 26 of the United States Code and report to the Senate, at the earliest practicable date, giv- ing such findings of fact and conclusions thereon as shall be sufficient to inform the Congress of the nature and character of the demand as a claim, legal or equitable, against the United States and the amount, if any, legally or equitably due from the United States to the claimant. YOUTH HONOR DAY, OCTOBER 31 The joint resolution (8. J. Res. 20) authorizing the President to issue a proclamation designating October 31 of each year as Youth Honor Day was con- sidered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Resolved, etc, That the President is au- thorized and requested to issue a proclama- tion designating October 31 of each year as Youth Honor Day, inviting the people of the United States to observe the day with appro- priate ceremontes HISAKO OKAMOTO’ The bill (S. 3289) for the relief of Hisako Okamoto was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be tt enacted, etc, That the provisions of the immigration laws relating to the exclu- sion of aliens inadmissible because of race shall not hereafter apply to Hisako Okamoto, the Japanese fiance of Frank Koshak, 4 citi- zen of the United States and an honorably discharged veteran of World War II, and that Hisako Okamoto may be eligible for a visa as & nonimmigrant temporary visitor for a period of 8 months: Provided, That the ad- ministrative authorities find that the said Hisako Okamoto is coming to the United States with a bona fide intention of being married to said Frank Koshak, and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-named parties does not occur within 8 months after entry of said Hisako Okamoto, she shall be required to depart from the United States and upon failure to do so shall be deported in accord- ance with the provisions of sections 19 and 20 of the Immigration Act of February 5, 1917 (U. 8. C., title 8, secs. 155 and 156). In the event the marriage between the above-named parties shall occur within 3 months after entry of said Hisako Okamoto, the Attorney General is authorized and directed to record the lawful admission for permanent residence of said Hisako Okamoto as of the date of her entry into the United States, upon the pay- ment by her of the required fees and head taxes. RELIEF OF CERTAIN DISBURSING OFFICERS The bill (S. 8709) for the relief of cer- tain disbursing officers and former dis- bursing officers of the naval service, and for other purposes, was considered, or- dered to be engrossed for a third read- ing, read the third time, and passed, as follows: Be it enacted, etc., That the Becretary of the Treasury is hereby authorized and di- rected to pay, out of any moneys in the Treasury not otherwise appropriated, to the following disbursing offlcers and former dis- bursing officers of the naval service the amounts listed opposite their names, which amounts represent moneys paid from their personal funds to Hquidate deficiencies in- CONGRESSIONAL RECORD—SENATE curred in their accounts in good faith and without fraud or collusion on their part: Asher, Jeanne A., Heutenant (junior grade), SC(W), United States Naval Reserve, $260. Battelle, Gordon EK, Meutenant (junior grade), Supply Corps, United States Naval Reserve, $1,022.99. Brew, John P., lieutenant, Supply Corps, United States Naval Reserve, $2,000. Bock, Forrest J., warrant officer, United States Marine Corps, $50 Delany, Johnie L., leutenant, Corps, United States Navy, $790 61. Folger, Francis W., ensign, Supply Corps, United States Naval Reserve, $1,171, Haydel, Henry J., ensign, Supply Corps, United States Naval Reserve, $78. Henson, Harry D, warrant officer, United States Marine Corps, $462. Jacobs, A. D, lieutenant (junior grade), Bupply Corps, United States Naval Reserve, 621 74. Kaufman, F, A , commander, Supply Corps, United States Naval Reserve, $122. Moolenaar, C. E., ensign, Supply Corps, United States Naval Reserve, $616.80. Newlin, George W., HMeutenant (junior grade), Supply Corps, United States Naval Reserve, 8688. Powell, J. Z, Meutenant, Supply Corps, United States Naval Reserve, $165 44. Riewerts, D. E., ensign, Supply Corps, United States Naval Reserve, $50. Riley, Rosemary P., lieutenant (junior grade), SC(W), United States Naval Reserve, $17 27 Roman C., Jr, Meutenant (junior grade), Supply Corps, United States Naval Reserve, $280 Supply Stafford, Otis W., commander, Supply Corps, United States Navy, $76 32, Strange, R. P, lieutenant (junior grade), Supply Corps, United States Navy, $222. Vaughan, F. M., Meutenant (junior grade), Supply Corps, United States Naval Reserve, 865 Ward, David W., leutenant, United States Coast Guard, $1,000, Sec. 2 The Secretary of the Treasury 1s hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Ensign Leland E. Byers, Hos- pital Corps, United States Navy, the sum of $50 This amount represents a personal ad- vance by Ensign Byers on July 20, 1945, to replace one-half of a shortage in the ac- counts of Warrant Officer Forrest J. Bock, United States Marine Corps, which resulted from acceptance of a forged pay receipt in connection with paying casual marine hos- pital patients at the United States Naval Hospital, Camp Lejeune, New River, N. C., when Ensign Byers was witnessing officer, MRS, ETHEL N. PLUNKETT The bill (H. R. 702) for the relief of Mrs. Ethel N Plunkett was considered, ordered to a third reading, read the third time, and passed. MIJU ISERI TSUDA The bill (H. R. 2462) for the relief of Mju Iseri Tsuda was considered, ordered to a third reading, read the third time, and passed. GRACE G. WALKER The bill (H. R. 2808) for the relief of Grace G. Walker was announced as next in order. Mr. HENDRICKSON. Mr. President, may we have an explanation of the bill? The PRESIDING OFFICER. An ex- planation is desired. The Chair recog- nizes the Senator from Nevada (Mr. Mc- Carran]. Mr. McCARRAN. Mr. President, this is a bill to reimburse a woman for the damage done to her greenhouse located JULY 26 adjacent to an Army modification cen- ter, the amount involving $16,000, most of which is for reglazing. In the early days of the war the Army contracted with Consolidated Vultee to operate a bomber modification center. In said contract, the Government agreed to hold Consolidated harmless for any damage to property arising out of oper- ation of the modification center. The claimant operated a greenhouse adja- cent to the center, and claims that the vibrations from the big bombers as they were taxiing around the field damaged the glass in her greenhouse. The House report contains proof of damage. The question of whether the woman should proceed against Consolidated or directly against the Government seems of rela- tive unimportance since, by its contract with Consolidated, the Army would have to make good any claim which Consoli- dated paid the claimant. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (H. R. 2808) was considered, ordered to @ third reading, read the third time, and passed. Mr. McFARLAND. Mr. President, I am going to have to insist that the rule be followed from now on. There are many bills on the calendar; and if we permit any Senator to take more than 5 minutes on any bill, it will be impos- sible for us to conclude the calendar this evening. For that reason, I shall have to insist that the rule be followed. Mr. WHERRY. Mr. President, of course, under the rule any Senator may take 5 minutes on any measure or on each amendment thereto, Also, let me say that when we ap- proach the measures at the end of the calendar, I do not believe we should be asked to pass upon bills on which no re- ports have been made to the Senate. So I shall ask unanimous consent that when we reach the bills on which no re- ports have been submitted to the Sen- ate, as a result of which Senators have no opportunity even to see the reports, we end the call of the calendar, and then take up the bills which previously have been ordered to be placed at the foot of the calendar. Mr. McFARLAND, I shall not object to having that done. Mr. HENDRICKSON. Mr. President, I concur completely with the Senator from Nebraska, and I wish to commend the Senator from Arizona for urging the enforcement of the rule. It has been violated consistently during the after- noon, despite the length of the calen- dar. To violate the rule does not expe- dite the handling of the business of the Senate. RELIEF OF ESTATE OF FRANCISCO J. CORDOVA The bill (H. R. 3316) for the relief of the estate of the late Francisco J. Cor- dova was considered, ordered to a third reading, read the third time, and passed. JOHN D. LANGE The bill (H. R. 8994) for the relief of John D. Lange was considered, ordered to a third reading, read the third time, and passed.
1950 LUBOMIR MIKULIK AND VILIAM KRAJCIROVIC The bill (H. R. 6018) for the relief of Lubomir Mikulik and Viliam Krajcirovic was considered, ordered to a third read- ing, read the third time, and passed, ED HOWARD RUSSELL The bill (H. R, 6709) for the relief of Ed Howard Russell was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. SCHOEPFEL. Mr. President, may we have an explanation of the hill? Mr, McCARRAN, Mr. President, this claim is to compensate the driver of a privately owned truck and trailer that was struck by an Army truck that was part of a convoy. There is’ no question of the liability of the Government in this case, inasmuch as the Army truck was engaged on official business at that time. The claimant was 35 years of age at the time of his injury, was married, and had two children; and as a result of the ac~ cident, he has lost the entire use of his arm, and amputation has been recom- mended He has incurred over $600 in hospital and medical expenses, and it has been suggested that his arm be am-~ puteted, which operation will cost an additional $400. He formerly earned about $55 a week, and is presently em- ployed by his regular employer, as a night watchman, at $20 a week. Mr. SCHOEPPEL. Let me inquire whether there is any objection from the Army or from the Bureau of the Budget in regard to this measure? Mr. McCARRAN. There is none. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (H_ R. 6709) was considered, ordered to a third reading, read the third time, and passed, YURIKO AOYAMA The bill (H. R. 8600) for the relief of Yuriko Aoyama was considered, ordered to a third reading, read the third time, and passed. DR, FRANCESCO DRAGO The Senate proceeded to consider the bill (H. R. 4806) for the relief of Dr. Francesco Drago, which had been re- ported from the Committee on the Ju- diciary with an amendment on page 1, in line 4, after the word “tax” to insert “and visa fee.” The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed. MRS. VIRGINIA DALLA ROSA PRATI AND HER SON The Senate proceeded to consider the bill (CH. R. 5016) for the relief of Mrs. Virginia Dalla Rosa Prati and her minor son, Rolando Dalla Rosa Prati, which had been reported from the Committee on the Judiciary with an amendment to strike out all after the enacting clause and insert: That, for the purposes of the immigration and naturalization laws, Mrs. Virginia Dalla CONGRESSIONAL RECORD—SENATE Rosa Prati and her minor gon, Rolando Dalla Rosa Prati, shall be held and considered to be lawfully admitted to the United States for permanent residence as of the date of their last entries into the United States upon payment of the required head taxes and visa fees. Upon the enactment of this act, the Secretary of State shal! instruct the proper quota-control officer to deduct the required numbers from the appropriate quota for the first year that such quota is available. The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed. JURISDICTION IN CLAIMS OF PATUXENT DEVELOPMENT CO. The Senate proceeded to consider the bill (H. R, 6363) conferring jurisdiction on the United States District Court for the Middle District of North Carolina to hear, determine, and render judgment upon certain claims of the Patuxent Development Co., Inc., which had been reported from the Committee on the Ju- diciary with an amendment to strike out all after the enacting clause and insert: That jurisdiction is hereby conferred upon the United States District Court for the Mid- dle District of North Carolina to hear, de- termine, and render judgment upon the claims of the Patuxent Development Co., Inc, of Southern Pines, N. C, against the United States for damages, if any, sustained by reason of the allegedly tortious use and occupancy between August 17, 1943, and Au- gust 31, 1943, inclusive, of the Pine Needles Hotel property, at Southern Pines, N C, by the Army Air Forces Technical Training Command under contract No. W202 eng- 16862, dated March 3, 1942. Src. 2 Notwithstanding any statute of limitations or lapse of time, suit upon such claim may be instituted at any time within i year after the enactment of this act. In any such sui brought pursuant to this act proceedings shall be had and llability, if any, of the United States shall be determined in accordance with the provisions of law appli- cable in the case of tort claims against the United States (28 U 8. C, sec. 1346): Pro- vided, however, That nothing in this act does or shall constitute an admission of ability on the part of the United States. The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed RUBY THAW AND HLA SEIN The Senate proceeded to consfder the bill CH. R. 6758) for the relief of Ruby Thaw and Hla Sein, which had beer re- ported from the Committee on the Ju- diciary with an amendment on page 1, line 8, after the word “Massachusetts”, to insert ‘‘upon payment of the required visa fees and head taxes.” The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed, FRANK J. BOUDINOT The bill (S. 827) to amend the act of June 16, 1934, to provide for allowances to the heirs, representatives, and assigns of Frank J. Boudinot, deceased, in the event of favorable determination by the 11091 Indian Claims Commission of certain claims of the Cherokee Indians, was an- nounced as next in order. The FRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Mr. President, reserving the right to object, let me say that I think there should be a ceiling on the allowance. So I wish to submit an amendment. The PRESIDING OFFICER. First of all, the question is whether there is ob- jection to the present consideration of the bill. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on the Judiciary with amendments, on page 2, beginning in line 11, after “(47 Stat, 137),” to strike out “or upon final de- termination of any claim, accruing under authority of such acts, or either of such acts, by the Indian Claims Com- mission pursuant to the act entitled ‘An act to create an Indian Claims Commis- sion, to provide for the powers, duties, and functions thereof, and for other purposes,’ approved August 13, 1946; and” and insert “or upon final determi- nation by the Indian Claims Commission of any claim of the said Indians, some- times known as the ‘Cherokee Nation’, or by any class, classes, or bands thereof, under the authority of the act entitled ‘An act to create an Indian Claims Com- mission, to provide for the powers, duties, and functions thereof, and for other purposes’, approved August 13, 1946 (60 Stat. 1049) ; and” and on page 3, in line 20, after the word “thereunder”, to strike out the period, and insert a colon and the following: “Provided further, That such allowances shall not be construed as a basis for any claim against the United States.” The amendments were agreed to. Mr. HENDRICKSON. Mr. President, at the end of the bill, I propose the fol- lowing amendment: Add a semicolon and the words “Provided further, That the allowance in the aggregate shall not ex- ceed $100,000” The PRESIDING OFFICER. The question is on agreeing to the amend- ment of the Senator from New Jersey. Mr. McCARRAN, I have no objec- tion. The amendment was agreed to. The PRESIDING OFFICER. If there be no further amendment to be proposed, the question is on the engrossment and third reading of the bill. The bill (S. 827) was ordered to be en- grossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc, That the act entitled “An act authorizing and directing the Court of Claims, in the event of judgment or judgments in favor of the Cherokee Indians, or any of them, in sults by them against the United States under the acts of March 19, 1924, and April 25, 1932, to include in its decrees allowances to Frank J Boudinot, not exceeding 5 percent of such recoveries, and for other purposes,” approved June 16, 1934, is hereby amended to read as follows: "That in compliance with request of the Cherokee Indians, the Court of Claims or the Indian Claims Commission, as the case may be— “(1) upon final determination by the Court of Claims of any suit or suits against the United States by the said Indians, some- times kuown as the Cherokee Nation, or by