forthcoming international conference by regarding them as "inferior officers."

An additional reason for requiring confirmation in the case of representatives to future international conferences seems to result from the already quoted provisions of the deficiency act of 1913 requiring that thereafter all such conferences should be held only in the event that specific authority had been granted by Congress. If Congress deemed it important thenceforward to authorize the mere holding of a conference, it would seem natural and logical that Congress should all the more interest itself in the personnel of the members who were to represent the United States at the conference.

To the Senate and House of Representatives:

In view of the provision contained in the deficiency act approved March 4, 1913, that "hereafter the Executive shall not extend or accept any invitation to participate in any international congress, conference, or like event without first having specific authority of law to do so," I transmit herewith for the consideration of Congress and for its determination whether it will authorize the extension of the invitation, and the appropriation necessary to defray the expenses incident thereto, a report from the Secretary of State with reference to the proposed international conference to be held in Washington during October next, or at such later date as may be convenient to the powers concerned, to consider all international aspects of communication by land telegraphs, cables, and wireless telegraphy and to make recommendations to the powers concerned with a view to providing the entire world with adequate facilities of this nature on a fair and equitable basis.

THE WHITE HOUSE,

September 10, 1919.

WOODROW WILSON.

The PRESIDENT:

During the course of the discussions in the Council of Five, regarding the disposition to be made of German cables, the following agreement was reached:

"The principal and allied and associated powers shall as soon as possible arrange for the convoking of an international congress to consider all international aspects of communication by land telegraphs, cables, and wireless telegraphy, and to make recommendations to the powers concerned with a view to providing the entire world with adequate facilities of this nature on a fair and equitable basis."

I learn that the four principal allies, namely, Great Britain, France, Italy, and Japan, have accepted, in principle, the suggestion to meet in Washington during October next, or at such later date as may be convenient to them, for the purpose of making a study of the entire communications problem in all its aspects, which would include a consideration of the broader activities of the international telegraph and radiotelegraph unions of the interallied radio commission. I am convinced that the proposed conference offers a rare opportunity not only to provide the entire world with adequate facilities of this nature on a fair and equitable basis, but to promote world peace, mutual understanding and fellowship arising from a communications system free from special privileges and placing each part of the world in immediate contact with every other part.

The Executive being prohibited by a provision of the deficiency act approved March 4, 1913, from extending an invitation of this nature without specific authority of law, I have the honor to request that, should you approve, this matter be laid before Congress for its decision as to whether it will authorize the extension of the formal invitation and will provide the appropriation of $75,000, which it is thought will be required for United States representation in this international conference.

Respectfully submitted.

DEPARTMENT OF STATE,

ROBERT LANSING.

Washington, September 4, 1919.

DEPARTMENT OF STATE,

Washington.

MY DEAR MR. ROGERS: In reply to your oral request for an itemized estimate of the expenditures contemplated from the appropriation of $75,000 which I have recommended for the expenses of the proposed International Telegraphic Conference to be held in Washingt n in the near future, I take pleasure in inclosing, for the information of the committee, itemized lists of the expenses of two similar conferences which may afford the committee some assistance.

There has, so far, been no meeting of the representatives of the Governments interested for the preparation of a program for the International Telegraphic Conference for the very obvious reason that there is, as yet, no legislative authorization for the holding of the conference. Therefore, it is not possible to outline with any definiteness the manner in which the appropriation estimated is to be expende 1.

In a general way, it is believed that the expenses of the Fifteenth International Congress of Hygiene and Demography and those of the United States section of the International High Commission, inclosed, may afford the committee a fairly accurate guide as to the manner in which the proposed $75,000 appropriation would be expended. It is not likely, however, that the delegates representing the United States at the Telegraphic Conference will be paid compensation, certainly not in any large amount, but it will be necessary, in all probability, to pay compensation to the technical experts, and it would naturally be expected that the expenses of delegates and experts should be paid. The number of delegates and experts will depend entirely upon the scope of the conference as it may be agreed upon by the participating Governments or limited by Congress itself. If. for example, its labors be confined to communication by submarine cable, the need of experts would be limited accordingly; but if the subject of radio telegraphy and telephony should be included, the number of technical experts and advisers would have to be greatly increased, as well as the number of clerks and other employees.

Then, too, there is the matter of preparation for the conference after a program shall have been adopted. It is known, for example, that at least one great Government has already a commission at work studying the whole subject of communications. As soon as Congress shall have authorized the holding of a conference, it will be necessary for the United States to organize a commission of the best known experts of the Government to make important technical studies and collect and coordinate information for the use of the American delegates when appointed. This preliminary work will be of the utmost importance to the proper protection of American interests at the conference and will require an expenditure of a considerable amount of money for clerical assistance, printing, possibly separate quarters, and perhaps compensation of experts.

With reference to your inquiry as to whether delegates should be confirmed by the Senate, I would suggest that it is not customary to stipulate that delegates to the conference shall be appointed with the advice and consent of the Senate, and I think it would be wise to omit that stipulation. Even if we expected to negotiate a treaty, it would not, in my opinion, be customary or desirable that the delegates should be appointed by and with the advice and consent of the Senate, but it is not the purpose to have the delegates to the International Telegraphic Conference negotiate a treaty, but rather, by a consideration of the subjects of communications in all its phases in relation to the views held by other Governments, to develop a basis upon which negotiations for an international convention may be undertaken by the regularly constituted agencies of the Government, provided the international regulation of communications shall ultimately be deemed desirable and practicable.

I hope the foregoing may prove, in substance, a satisfactory answer to your inquiry and that the committee may find it practicable to recommend the appropriation in accordance with the estimate. I am, my dear Mr. Rogers,

Very sincerely, yours,

Hon. JOHN JACOB ROGERS,

Chairman Committee on Foreign Affairs,

House of Representatives.

ROBERT LANSING.

O

CONGRESS

. 387

CONFERENCE ON INTERNATIONAL COMMUNICATION.

OCTOBER 21, 1919.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. FLOOD, from the Committee on Foreign Affairs, submitted the following

VIEWS OF THE MINORITY.

[To accompany H. R. 9822.]

Theority of the Committee on Foreign Affairs dissents from the report of the majority, recommending passage of H. R. 9822 and the adoption of the committee amendment, proposing the insertion of the following words: "By and with the advice and consent of the Senate," appearing in italics in lines 6 and 7, on page 1, of the print of the bill.

The general purpose of the bill is to authorize the President "to call, in his discretion, an international conference to assemble in Washington and to appoint representatives to participate therein— to consider all international aspects of communication by telegraph, telephone, cable, wireless telephone, and wireless telegraphy, and to make recommendations with a view to providing the entire world with adequate facilities for international communication on a fair and equitable basis."

The committee amendment provides that the appointment by the President of representatives to the conference shall be "by and with the advice and consent of the Senate."

Attention is called to the fact that the bill as originally introduced by the gentleman from Massachusetts (Mr. Rogers), acting chairman of the committee, contained neither language similar to that appearing in the committee amendment, nor any provision whatever undertaking to limit the President in his consitutional right of appointment of delegates.

It will be noted that the bill neither in express terms nor, in the opinion of the minority, by any reasonable implication provides for the drafting by the conference of any treaty or convention. On the other hand, it would seem obvious that the purpose to be accomplished is to hold a conference of delegates to discuss in a large and

comprehensive way the matters involved in international communication, and make a report containing recommendations for future diplomatic negotiations.

However, it will be noted that the report of the majority, on page 4, undertakes to make it appear that it is contemplated that the conference will draft some form of treaty or international agreement. Attention is directed to the following language appearing in the majority report:

One of the purposes of the proposed conference, and certainly the most important purpose. will be to draft some form of international treaty or agreement to which the several Governments participating will be invited to adhere. During Secretary Lansing's testimony concerning the conference the following colloquy occurred:

"Mr. TEMPLE. The questions to be taken up at that conference are such as would be put into an international agreement, like treaties?

"Secretary LANSING. Yes, sir."

As contradicting this contention the minority calls attention to the following dialogue appearing in the hearings of the committee on page 20 thereof:

The CHAIRMAN. It is not contemplated that this conference shall have any power of decision, I take it?

Mr. WALTER S. ROGERS. Oh, no.

The CHAIRMAN. It will simply be a conference to get together and exchange views and make recommendations?

Mr. WALTER S. ROGERS. They will probably draft something that would look like a convention, and that would come back for discussion.

The following excerpt from letter of the Secretary of State to the acting chairman of the committee (Mr. Rogers of Massachusetts), found on page 9 of the majority report, is quite pertinent:

With reference to your inquiry as to whether delegates should be confirmed by the Senate, I would suggest that it is not customary to stipulate that delegates to the conference shall be appointed with the advice and consent of the Senate, and I think it would be wise to omit that stipulation. Even if we expected to negotiate a treaty, it would not, in my opinion, be customary or desirable that the delegates should be appointed by and with the advice and consent of the Senate, but it is not the purpose to have the delegates to the International Telegraphic Conference negotiate a treaty, but rather, by a consideration of the subjects of communications in all its phases in relation to the views held by other Governments, to develop a basis upon which negotiations for an international convention may be undertaken by the regularly constituted agencies of the Government, provided the international regulation of communications shall ultimately be deemed desirable and practicable.

In view of the fact that the majority of the committee bases its contention that it is intended that the conference shall draft a treaty or convention, on the testimony of the Secretary of State and Mr. Walter Rogers before the Committee on Foreign Affairs, it is believed that the direct and unequivocal denial of such purpose on the part of the Secretary of State and the equally clear denial on the part of Mr. Walter S. Rogers should be sufficient evidence to completely negative the contention of the majority.

In the view of the minority, the committee amendment proposing to require the President to submit the nomination of delegates or representatives of the United States who are to participate in the conference to the Senate for confirmation, if adopted by the Congress, will mark a very decided and unusual departure from what has heretofore been the practice with respect to such matters.

In fact, it is not believed that there is any precedent in the history of the Republic which would seem to justify such action. When it is