Senator REYNOLDS. Yes. One at a time, gentlemen. Now, Senator Chandler, will you please finish your statement?

Senator CHANDLER. I will stop if you want me to.

Senator DOWNEY. Mr. Chairman, I have stopped.

Senator CHANDLER. When the Senator undertook to say he was for national defense and somebody else wasn't, he wasn't talking about me. Senator REYNOLDS. Who desires recognition

Mr. Cor. The point that Senator Downey raises about the industry in California and industry all over the country was endeavored to be met in qualification No. 3 in the Chandler draft here:

The use of other property having equivalent utility for the defense of the United States cannot be obtained.

At that very point, where priorities take materials away from these people, it forces the War Department and the Navy Department to the point of subcontracting their requirements in such a way as to utilize the plant equipment where it is, before they can requisition that equipment to move it elsewhere, if I understand what (3) means. I think it is open to some criticism at this very moment, for not having subcontracted as far as they might.

Senator AUSTIN. Well, that is an important thing. We must take care of it.

Senator CHANDLER. If I have it right, I have no objection.

I personally have no objection to your language, in addition to section 1 of my amendment. I have no objection to it; if the Secretary of War and Mr. Coy can't see any objection to it, I have none.

Judge PATTERSON. I have a little trouble, gentlemen, with the third paragraph here, as a result of the discussion:

The use of other property having equivalent utility for the defense of the United States cannot be obtained.

Suppose three men have thread millers and we need one. Suppose we try to take one of them. They will say, "Well, go and get the other fellow's," and the other fellow says, "No; get his.'

They will say, "You could get that if you would requisition it. Why pick on me? Take the other fellow's. This is not the only one in the country."

Now, does that raise any trouble?

Mr. Cox. Judge, I think that gets to the question of whether you are willing to utilize it where it is without taking it.

Judge PATTERSON. Suppose they are all making cosmetics and say they would prefer to continue making cosmetics-all three of them. Senator CHANDLER. If it is making cosmetics, take that one.

Mr. Cor. If they would refuse to take orders you give them, then I would say there is good cause for taking it.

Judge PATTERSON. Suppose he says, "That man's machine will fill the purpose just as well as mine," and they just toss it back and forth? Senator AUSTIN. I think your thought is a very good one.

Why wouldn't it be well to add the words "or cannot be used where it is"?

Senator LODGE. It is very hard to hear down at this end, Mr. Chair

man.

Senator REYNOLDS. Order, please. Yes?

Senator AUSTIN. I was asking Mr. Coy whether one of his ideas, which I like very much, ought not to be put into the bill on the end of (3) there; after the word "obtained," add another clause, "or cannot be used where it is."

Judge PATTERSON. It says, "the use of other property cannot be obtained." Not "the property."

Senator AUSTIN. That is a grand point. Now, I wish you would use, after the word "requisition," the words, "the use of," you see.

Right down here where it says he is authorized to requisition such property.

I think if you put those words in you would clarify this whole thing. Senator LODGE. Will that broaden it?"

Senator AUSTIN. "Requisition the use of." No; it would not. Senator LODGE. It broadens it to include transportation service. Senator AUSTIN. It would limit it. It takes it down to the question of use rather than title.

Senator LEE. Would that include those that are usable or expendable?

Senator AUSTIN. Yes; it does involve consumption.

Senator LODGE. This bill is contemplated to give the right to seize ships and railroads, isn't it? Isn't that correct?

I would like to get an answer to that question. Does not this bill enable the seizure of transportation facilities such as steamships and railroads?

Senator CHANDLER. Any property necessary to the defense of the United States.

Judge PATTERSON. Yes; I think it might.

Senator CHANDLER. That takes it all in.

Senator GURNEY. I am awfully sorry that the efforts of the subcommittee, who held hearings for weeks on this bill, and the proposals of the War Department, are so lightly set aside. I was hoping that we could take the suggestions offered this morning and incorporate such parts of these later suggestions, as the committee finds necessary, in the bill that has been taking so much time of the full committee for the last month.

I think that the full committee has done a right good job in putting amendments here in the modified form. They have covered a lot of angles that were not covered in the proposal submitted this morning.

I would like some of the proposals in the draft submitted this morning, such as the time limitation, such as the provision to pay 75 percent instead of 50, and I would like to see, if possible, if we can't get the two together, but use as the basis the modified original draft.

Senator CHANDLER. Let me ask the Secretary a question: Wouldn't you prefer to have the one that I offered this morning, rather than go over it and try to rehash it and put them together?

Senator BRIDGES. You have asked him that question three times. Senator CHANDLER. I did ask him, because I want to get an answer. It is simpler and it looks to me like it would accomplish the purpose. What you want is to accomplish the purpose, is it not, Judge Patterson?

Judge PATTERSON. Yes, indeed.

Senator CHANDLER. Doesn't that do it?

Judge PATTERSON. You mean just as it stands, and with the language Senator Austin suggested on paragraph 1?

Senator CHANDLER. Yes, sir.

Judge PATTERSON. Or subhead 1.
Senator CHANDLER. Yes, sir.

Judge PATTERSON. That suits me.

Senator CHANDLER. Can't you do the job with that?

Judge PATTERSON. Yes; I think so. I am a little bothered by the language in paragraph 3, on account of-as I stated, take a case where there are only three machines, and each man you run after to get it says, "Take the other man's."

Senator CHANDLER. Chances are, if there are three machines, the Government will make arrangements with one of them, if there are three.

Judge PATTERSON. I don't know about that.

Senator HILL. Let me ask one question. Go ahead, Senator.

Senator LEE. I want to make a motion-it is obvious we want to come to a final conclusion on this right now, and I want to make a motion, then I want to say a word or two.

I am going to move that we ask the Secretary and Mr. Coy to draw up a bill as a result of our discussion this morning, one bill, and the War Department bring it in with the backing of the White House, so that we will know where we stand, and I am going to ask that they bear in mind the very important point I think Senator Bridges has made, regarding popular support, and the other points we raised here, and go as far as they feel they can on meeting these questions that are raised.

All of us here it is no longer Democrat or Republican. These men are supporting our program, and, as Judge Patterson pointed out, that is very important.

Now, I believe that the two of them can bring back one bill here that will answer a number of those objections, and then if we could go before the Senate with a certain amount of unity, time will be saved, although we may not come to a vote this morning on this, and I so move, Mr. Chairman, that we ask Judge Patterson and Mr. Coy to bring back one bill with as many of these points taken care of as they can-Senator Lodge's and Senator Gurney's and Senator Bridges' suggestions.

Judge PATTERSON. We would like very much to do that, gentlemen. We, of course, would like to have a united report from this committee. That is what we would like to have.

Senator REYNOLDS. Senator Gurney is recognized.

Senator GURNEY. In fairness to the Secretary of War-he has been asked to state if the proposal submitted this morning is satisfactory to him-I would like to ask him if the modified draft is still acceptable to him.

Judge PATTERSON. The second one?

Senator GURNEY. The one that you submitted.

Senator CHANDLER. Don't answer that, because you are going to go out and bring back another one. Let's get the new one. I will with

draw mine, and I won't ask him, and you don't ask him. He is going to bring another one for

you.

Senator GURNEY. You withdraw your question from the record? Senator CHANDLER. Yes, sir.

Senator GURNEY. Mr. Chairman, I suggest that we withdraw his question from the record.

Senator REYNOLDS. All right, we withdraw two inquiries. Now, gentlemen, there is pending before this committee

Senator SCHWARTZ (interposing). I would like to make one suggestion, and that is that the amendments that have been offered here this morning that they be reduced to writing and turned over to Mr. Coy. Judge PATTERSON. I think Mr. Coy took a copy. You copied in pencil while Senator Austin was speaking?

Mr. Cor. Yes, sir; I have Senator Austin's copy. I also have his words about putting in the words "requisition" and "use of."

Senator GURNEY. Will you also put down the proposition of adding to the modified proposal, add section 2 of Senator Chandler's proposal to the modified one, and put your "June 30, 1943," and then change the title? That is my suggestion.

Senator REYNOLDS. There are also suggestions of Senator Lodge and Senator Bridges and Senator Austin.

Senator CHANDLER. When are we going to meet again?

Senator BRIDGES. One thought, before you put the motion. I second Senator Lee's motion on the thing. I think, if it is so, as Mr. Coy indicates, the necessity of speed-I know that many of us have plans— can we get some idea of when you will bring back this bill so we can make our plans accordingly?

Judge PATTERSON. We can bring it back tomorrow, if you like.
Mr. Cor. Tomorrow morning.

Senator HILL. Mr. Coy and Judge Patterson suggested bringing this back tomorrow morning.

Senator REYNOLDS. We have hearings on the selective service tomorrow morning at 10 o'clock, at which time we expect General Marshall.

Senator HILL. I don't think the Senate will be in session tomorrow. So far as I know, we have nothing on so what would you think about meeting tomorrow afternoon on this bill? You have everything scheduled tomorrow morning on the other matter. Meet here in this room tomorrow afternoon at half past 2 o'clock with Judge Patterson and Mr. Cov.

Senator REYNOLDS. At 2:30. And the public hearings will continue in the morning.

Senator LODGE. You won't have the public hearings in the after

noon?

Senator REYNOLDS. We won't have them in the afternoon because we deem this of such importance that we will defer the hearing of any witnesses on the selective-service matter until

Senator HILL (interposing). The next morning?

Senator REYNOLDS (continuing). The next morning.

Senator LEE. Shouldn't we hear this Navy man on this? We called him down here?

Senator REYNOLDS. That is the motion of Senator Lee. Before we vote on it, shouldn't we hear this Navy captain? We called him down here, we haven't had a report from the Navy.

Senator HILL. Can't we do this, Senator Lee? Can't we save time by having the member from the Navy join with the committee and Judge Patterson and Mr. Coy, and when the report comes back it will come back from these three gentlemen?

Senator LEE. I accept the amendment.

Senator REYNOLDS. The question is on the motion made by Senator Lee, which includes the suggestion made by Senator Hill.

All in favor of that please make it known by saying "aye." Those opposed? The motion is carried.

We will meet tomorrow afternoon at 2:30 p. m.

(Whereupon, at 12: 45 p. m., July 16, 1941, the meeting was recessed until 2:30 p. m., July 17, 1941.)