occasion of the inauguration of the President elect in March, 1933, and for other purposes.

(H. R. 13607) to authorize the distribution of Governmentowned cotton to the American National Red Cross and other organizations for the relief of distress. Pending debate,

On motion by Mr. Robinson of Arkansas, and by unanimous consent,

Resolved, That the motion to reconsider be agreed to, that the conference report be disagreed to, that the Senate further insist upon its amendments to the said bill, disagreed to by the House of Representatives, and ask a further conference with the House on the disagreeing votes of the two Houses thereon, and that the conferees on the part of the Senate be appointed by the Vice President.

The Vice President thereupon appointed Mr. McNary, Mr. Norris, and Mr. Smith.

Ordered, That the Secretary notify the House of Representatives thereof.

MINING OF COAL, OIL, AND GAS ON THE PUBLIC DOMAIN Mr. Nye submitted the following conference report: The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 4509) to further amend the act approved February 25, 1920, entitled "An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain," having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its amendment.

GERALD P. NYE,
BRONSON CUTTING,
JOHN B. KENDRICK,

Managers on the part of the Senate.

JOHN M. EVANS, TOM YON,

DON B. COLTON,

Managers on the part of the House. On motion by Mr. Nye, and by unanimous consent, Ordered, That the report lie on the table. APPROPRIATIONS FOR TREASURY AND POST OFFICE DEPARTMENTS

The Senate resumed the consideration of the bill (H. R. 13520) making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes.

The question being on agreeing to Mr. McKellar's amendment, as modified, striking out, on page 58, line 2, the figures "$19,000,000 " and inserting in lieu thereof certain language, Pending debate,

On motion by Mr. Hale, and by unanimous consent, Ordered, That when the Senate concludes its business today it take a recess until 12 o'clock m. to-morrow.

On motion by Mr. Hale, and by unanimous consent, Ordered, That after the hour of 5 o'clock and 30 minutes p. m. to-day no Senator shall speak more than once or longer than 15 minutes on the bill or any amendment or motion relating thereto.

Pending debate,

On motion by Mr. Oddie, at 5 o'clock and 32 minutes, p. m.,

The Senate took a recess, pursuant to its order, until 12 o'clock m. to-morrow.

AT 12 O'CLOCK M. (CALENDAR DAY, WEDNESDAY, FEBRUARY 1, 1933)

The Vice President called the Senate to order.

PRESIDENTIAL APPROVALS

A message from the President of the United States, by Mr. Latta, his secretary:

Mr. President: The President of the United States approved and signed on yesterday the following bill and joint resolution:

Ordered, That the Secretary notify the House of Representatives thereof.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Haltigan, one of its clerks:

Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, viz, S. 284, S. 3147, and S. 5484, I am directed to bring the same to the Senate for the signature of its President.

The President of the United States has informed the House that he approved and signed acts and a joint resolution, as follows:

On January 24, 1933:

H. J. Res. 559. Joint resolution to exempt from the tax on admissions amounts paid for admission tickets sold by authority of the Committee on Inaugural Ceremonies on the occasion of the inauguration of the President elect in March, 1933.

On January 27, 1933:

H. R. 8750. An act relative to restrictions applicable to Indians of the Five Civilized Tribes in Oklahoma.

On January 30, 1933:

H. R. 14436. An act making appropriations to supply urgent deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1933, and for other purposes.

ENROLLED BILLS SIGNED

Mr. Vandenberg, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled the following bills:

S. 284. An act for the relief of William B. Thompson; S. 3147. An act for the relief of Anna Pokorny; and

S. 5484. An act to extend the time during which certain provisions of the act of February 27, 1932, relating to improving the facilities of the Federal reserve system to meet the needs of member banks in exceptional circumstances, shall be effective.

The Vice President thereupon signed the same and they were delivered to the committee to be presented to the President of the United States.

REPORT OF DIRECTOR OF PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL

The Vice President laid before the Senate the following message from the President of the United States, which was read, and, with the accompany report, referred to the Committee on Public Buildings and Grounds:

To the Congress of the United States:

I transmit herewith, for the information of the Congress, the annual report of the Director of Public Buildings and Public Parks of the National Capital for the fiscal year ended June 30, 1932.

THE WHITE HOUSE, February 1, 1933.

THE JOURNAL

HERBERT HOOVER.

On motion by Mr. Fess, and by unanimous consent, The Journal of the proceedings of the calendar days of Monday, January 30, and Tuesday, January 31, 1933, was approved.

QUESTION OF QUORUM

Mr. Fess raised a question as to the presence of a quorum;
Whereupon

The Vice President directed the roll to be called;
When

Eighty-nine Senators answered to their names, as follows: Ashurst, Austin, Bankhead, Barbour, Barkley, Bingham, Black, Blaine, Borah, Bratton, Brookhart, Bulkley, Bulow,

S. J. Res. 239. Joint resolution authorizing the granting of permits to the Committee on Inaugural Ceremonies on the

tigan, Couzens, Cutting, Dale, Davis, Dickinson, Dill, Fess, Fletcher, Frazier, George, Glass, Glenn, Goldsborough, Gore, Grammer, Hale, Harrison, Hastings, Hatfield, Hawes, Hay

den, Hebert, Johnson, Kean, Kendrick, Keyes, King, La Follette, Lewis, Logan, Long, McGill, McKellar, McNary, Metcalf, Moses, Neely, Norbeck, Norris, Nye, Oddie, Pittman, Reed, Reynolds, Robinson of Arkansas, Robinson of Indiana, Russell, Schall, Schuyler, Sheppard, Shipstead, Shortridge, Smith, Smoot, Steiwer, Swanson, Thomas of Idaho, Thomas of Oklahoma, Townsend, Trammell, Tydings, Vandenberg, Wagner, Walcott, Walsh of Massachusetts, Walsh of Montana, Watson, Wheeler, and White.

A quorum being present,

PETITIONS AND MEMORIALS

Mr. Copeland presented the following petitions, which were referred as indicated:

A petition of citizens of Schenectady and Scotia, in the State of New York, praying the maintenance of the national defense forces as provided by the national defense act of 1920; to the Committee on Military Affairs.

A resolution adopted by the Westchester Security League (Inc.), of Bronxville, N. Y., approving the present policy of the United States Government in the nonrecognition of Russia under its present form of Soviet régime, and remonstrating against proposed reductions in appropriations for the Army, Navy, and Marine Corps; to the Committee on Foreign Relations.

A resolution adopted by the Schenevus Dairymen's League Cooperative Association (Inc.), of Schenevus, N. Y., urging the enactment of legislation to change the monetary system and stabilize the dollar or the measure of value; to the Committee on Banking and Currency.

Mr. Copeland presented a copy of a resolution adopted by the Bar Association of Nassau County, N. Y. (Inc.), favoring the prompt ratification of the World Court protocols. Ordered, That it lie on the table.

Mr. Schall presented a communication from the president of the Great Northern Railway Co., of St. Paul, Minn., relative to emergency freight rates on potatoes; which was referred to the Committee on Interstate Commerce.

Petitions praying Federal regulation of the motion-picture industry were presented, as follows:

partment of Agriculture an administration of agricultural loans with which will be consolidated, in the interest of economy and efficiency, all agencies of the Federal Government concerned with agricultural credit, and for other purposes, and that it be referred to the Committee on Banking and Currency.

INTRODUCTION OF BILLS

Bills were introduced by unanimous consent, severally read the first and second times, and referred as follows:

By Mr. Ashurst:

A bill (S. 5567) granting a pension to Esther K. Payne; to the Committee on Pensions.

By Mr. Bratton:

A bill (S. 5568) granting an increase of pension to Cornelia W. East; to the Committee on Pensions.

By Mr. Thomas of Oklahoma:

A bill (S. 5569) granting a pension to Ira H. Elliott (with accompanying papers); to the Committee on Pensions.

By Mr. Carey:

A bill (S. 5570) to meet the existing emergency in the agricultural industry, to provide for the reduction of the interest on certain existing farm mortgages, to amend and supplement the Federal farm loan act; to the Committee on Banking and Currency.

By Mr. Robinson of Arkansas:

A bill (S. 5571) to extend the times for commencing and completing the reconstruction of a railroad bridge across Little River in the State of Arkansas at or near Morris Ferry by the Texarkana & Fort Smith Railway Co.; to the Committee on Commerce.

By Mr. Shipstead:

A bill (S. 5572) requiring the Reconstruction Finance Corporation to be subject to the provisions of the Budget and Accounting Act of 1921; to the Committee on Banking and Currency.

APPROPRIATIONS FOR TREASURY AND POST OFFICE DEPARTMENTS The Senate resumed the consideration of the bill (H. R. 13520) making appropriations for the Treasury and Post

By Mr. Shipstead: Petitions numerously signed by citizens of the State of Minnesota.

Ordered, That they lie on the table. Memorials remonstrating against the repeal of the eighteenth amendment to the Constitution or the modification of the national prohibition act were presented, as follows:

By Mr. Blaine: A memorial of citizens of Clear Lake, Wis. By Mr. Copeland: A resolution of the Woman's Christian Temperance Union of St. Johnsville, N. Y. Ordered, That they lie on the table.

MILTON CARROLL MERRYMAN

Mr. Goldsborough presented papers to accompany the bill (S. 5546) granting a pension to Milton Carroll Merryman, heretofore introduced; which were referred to the Committee on Pensions.

REPORT OF THE COMMITTEE ON COMMERCE

Mr. Vandenberg, by unanimous consent, from the Committee on Commerce, to whom was referred the bill (S. 5502) to extend the times for commencing and completing the construction of a bridge across the Columbia River at or near The Dalles, Oreg., reported it with amendments and submitted a report (No. 1134) thereon.

CHANGE OF REFERENCE

and for other purposes.

The question being on agreeing to the following amendment, as modified, proposed by Mr. McKellar, viz, on page 58, line 2, strike out “$19,000,000 ” and insert in lieu thereof the following: $9,500,000: Provided, That when the net receipts from domestic air mail exceed the sum of $9,500,000, then such excess shall be used for this purpose by the Postmaster General in addition to the said sum of $9,500,000. Pending debate,

Mr. Oddie raised a question of order, viz, that the part of the proviso providing for the use of such receipts by the Postmaster General was a change of existing law, and there

fore not in order under Rule XVI.

read as follows: On page 58, line 2, strike out " $19,000,000" Mr. McKellar thereupon modified his amendment so as to and insert in lieu thereof the following: $9,500,000: Provided, That when the net receipts from domestic air mail exceed the sum of $9,500,000, then an additional amount equal to such excess receipts is hereby appropriated, to be used for such air mail transportation. Pending debate,

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee, one of its clerks:

Mr. President: The House of Representatives insists upon

Ordered, That the Committee on Agriculture and Forestry be discharged from the further consideration of the bill (S. 5562) to relieve agricultural distress through the consolidation and adjustment of indebtedness and the reduction of the rate of interest thereon, to release frozen credits and stimulate the recovery of business, to create in the De

bill (H. R. 13607) to authorize the distribution of Government-owned cotton to the American National Red Cross and other organizations for relief of distress; it agrees to the further conference asked by the Senate on the disagreeing votes of the two Houses thereon and has appointed Mr. Jones, Mr. Fulmer, Mr. Larsen, Mr. Haugen, and Mr. Purnell managers at the same on its part.

The yeas and nays being desired by one-fifth of the Senators present,

Senators who voted in the affirmative are—

Ashurst, Black, Blaine, Brookhart, Bulow, Copeland, Costigan, Cutting, Frazier, Hatfield, Hayden, Johnson, La Follette, Neely, Nye, Shipstead, Smith, Steiwer, Wagner, and Walsh of Montana.

Senators who voted in the negative are

Austin, Bankhead, Barbour, Barkley, Bingham, Borah, Bratton, Bulkley, Byrnes, Connally, Coolidge, Couzens, Davis, Dickinson, Fess, Fletcher, George, Glass, Goldsborough, Gore, Grammer, Hale, Harrison, Hastings, Kean, Kendrick, King, McGill, McKellar, McNary, Metcalf, Norris, Oddie, Reed, Reynolds, Robinson of Arkansas, Russell, Schall, Schuyler, Sheppard, Smoot, Trammell, Tydings, Vandenberg, Walcott, Watson, and White.

So Mr. Neely's amendments were not agreed to.
Pending further debate,

Br. Blaine raised a question of order against Mr. Bratton's amendments, viz, that they conferred special authority upon the Secretary of the Treasury and the Postmaster General, thus constituting new legislation upon an appropriation bill, and, under the rule, were not in order.

The President pro tempore sustained the question of order.

From the decision of the Chair Mr. Bratton appealed to the Senate.

The President pro tempore stated the question to be. Shall the decision of the Chair stand as the judgment of the Senate?

Pending debate,

The President pro tempore made the following statement: Before the Senator from Kentucky [Mr. Barkley] proceeds, may the Chair state that he sustained the point of order for the reason that he thinks in the form of words in which it was presented it was clearly legislation upon a general appropriation bill inasmuch as it proposed to add new duties to the head of an executive department.

The Chair, however, will go further and say that the amendment might have been submitted in another form of words which would have made it a limitation upon an appropriation, and therefore in order; but in the form of words in which it came before the Senate and upon which the Chair had to rule, the Chair is clearly of the opinion that it is legislation upon an appropriation bill and therefore not in order.

This is a question which has often arisen in both Houses of Congress, and especially so since the Budget legislation, and among all the precedents which have been established is one set up in another place where, in the course of a ruling by Chairman Tilson in Committee of the Whole, he said, referring to the present junior Senator from Texas [Mr. Connally], then a Member of the House of Representatives: "The gentleman from Texas [Mr. Connally], in an argument made to you on either this amendment or one very similar to it, stated the rule as clearly as the Chair is able to state it, or even more so. I cite from the proceedings of January 19, 1923, page 1979. Mr. Connally said:

"Now, if the Chair please, my understanding of a limitation of an appropriation is as follows: In the face of a point of order Congress can only appropriate in an appropriation bill for purposes already authorized by law. The Congress

can appropriate for all purposes authorized by law or appropriate for none of the purposes authorized by law. Within those limits Congress can limit an appropriation. Congress can say that no part of an appropriation shall be expended for a part of the purposes which the law authorized. But a limitation must be absolutely negative. It must be in the nature simply of a veto. It can not direct an executive officer in the discharge of his duties under existing law. Whenever it does it ceases to be a limitation and becomes legislation in violation of the rule.'"

Pending further debate on the appeal,

On motion by Mr. Oddie, at 5 o'clock and 50 minutes p. m., The Senate took a recess until 12 o'clock m. to-morrow.

AT 12 O'CLOCK M. (CALENDAR DAY, THURSDAY, FEBRUARY 2, 1933)

The President pro tempore called the Senate to order.
QUESTION OF QUORUM

Mr. Fess raised a question as to the presence of a quorum;
Whereupon

The President pro tempore directed the roll to be called; When

Eighty-eight Senators answered to their names, as follows: Ashurst, Austin, Bankhead, Barbour, Barkley, Bingham, Black, Blaine, Borah, Bratton, Brookhart, Bulkley, Bulow, Byrnes, Capper, Caraway, Connally, Coolidge, Copeland, Costigan, Couzens, Cutting, Dale, Davis, Dickinson, Dill, Fess, Fletcher, Frazier, George, Glass, Glenn, Goldsborough, Gore, Grammer, Hale, Harrison, Hastings, Hatfield, Hawes, Hayden, Hebert, Johnson, Kean, Kendrick, Keyes, King, La Follette, Lewis, Logan, McGill, McKellar, McNary, Metcalf, Moses, Neely, Norbeck, Norris, Nye, Oddie, Pittman, Reed, Reynolds, Robinson of Arkansas, Robinson of Indiana, Russell, Schall, Schuyler, Sheppard, Shipstead, Shortridge, Smith, Smoot, Steiwer, Swanson, Thomas of Idaho, Thomas of Oklahoma, Townsend, Trammell, Tydings, Vandenberg, Wagner, Walcott, Walsh of Massachusetts, Walsh of Montana, Watson, Wheeler, and White. A quorum being present,

ENROLLED BILLS PRESENTED

Mr. Vandenberg, from the Committee on Enrolled Bills, reported that on yesterday they presented to the President of the United States the following enrolled bills:

S. 284. An act for the relief of William B. Thompson;
S. 3147. An act for the relief of Anna Pokorny; and

S. 5484: An act to extend the time during which certain provisions of the act of February 27, 1932, relating to improving the facilities of the Federal reserve system to meet the needs of member banks in exceptional circumstances, shall be effective.

CHAIN-STORE MARKETING SYSTEM

The President pro tempore laid before the Senate a communication from the chairman of the Federal Trade Commission, transmitting, in further response to Senate Resolution 224, Seventieth Congress, a report of the commission entitled "Gross Profit and Average Sales Per Store of Retail Chains "; which, with the accompanying report, was referred to the Committee on the Judiciary and ordered to be printed. TARIFF CLASSIFICATIONS AND DUTIES

The President pro tempore laid before the Senate a communication from the chairman of the United States Tariff Commission, transmitting, in response to Senate Resolution 325, agreed to on January 28, 1933, certain tables containing statistical and textual information relating to importations of certain articles.

Ordered, That the communication, with the accompanying documents, lie on the table and be printed.

REPORT OF POTOMAC ELECTRIC POWER CO.

The President pro tempore laid before the Senate a communication from the president of the Potomac Electric Power Co., transmitting, pursuant to law, a report of the company for the year ended December 31, 1932; which, with the accompanying report, was referred to the Committee on the District of Columbia.

REPORT OF WASHINGTON RAILWAY & ELECTRIC CO. The President pro tempore laid before the Senate a communication from the president of the Washington Railway & Electric Co., transmitting, pursuant to law, a report of the company for the year ended December 31, 1932; which, with the accompanying report, was referred to the Committee on the District of Columbia.

REPORT OF WASHINGTON INTERURBAN RAILROAD CO. The President pro tempore laid before the Senate a communication from the president of the Washington Interurban Railroad Co., transmitting, pursuant to law, a report of the company for the year ended December 31, 1932; which, with the accompanying report, was referred to the Committee on the District of Columbia.

TRIBUTE TO THEODORE F. SHUEY

Mr. Vandenberg called attention to the fact that to-day is the eighty-eighth anniversary of the birth of Theodore F. Shuey, one of the official reporters of the Senate, and, together with Mr. Robinson of Arkansas and Mr. Copeland, paid a tribute to him for his long, faithful, and efficient service of 65 years to the Senate.

On motion by Mr. Fess, and by unanimous consent, Ordered, That the rules be suspended in order that Mr. Shuey might stand and receive the greetings of the Senate and the gallery.

Mr. Shuey, seated at the Official Reporters' table, thereupon arose amid applause.

PETITIONS AND MEMORIALS

The President pro tempore laid before the Senate a resolution adopted by the District of Columbia Society of the Sons of the American Revolution, of Washington, D. C., favoring the passage of Senate bill 1282, to authorize the appointment and retirement of Evelyn Briggs Baldwin in the grade of captain in the Navy in recognition of his patriotic and scientific services, and for other purposes; which was referred to the Committee on Naval Affairs.

Mr. Robinson of Arkansas presented a communication from Harold Remington, of Remington, Meek, Twitchell & Till, New York City, remonstrating against the passage of proposed legislation to amend the bankruptcy act; which was referred to the Committee on the Judiciary.

Mr. Tydings presented a memorial of citizens of the State of Maryland remonstrating against reductions in appropriations for the Army, Navy, Marine Corps, the Reserve Officers' Training Corps, National Guard, and other civilian components of national-defense forces; which was referred to the Committee on Appropriations.

Mr. Grammer presented the following petitions:

A resolution adopted by the South End Civic and Progressive Club, of Seattle, Wash., favoring an investigation of labor conditions on the Mississippi flood control project; and

Resolutions adopted by the Kings County (Wash.) Pomona Grange and the Seattle Federation of Women's Clubs, of Seattle, Wash., favoring the prompt ratification of the World Court protocols.

Ordered, That they lie on the table.

Mr. Copeland presented the following petitions and memorials, which were referred as indicated:

A resolution adopted at Stanfordville, N. Y., by the Stanford Dairymen's League, favoring the enactment of legislation to effect the inflation of commodity prices to the 1928 levels; to the Committee on Banking and Currency.

A resolution adopted by the National Guard Association of the State of New York, urging the maintenance of appropriations for the Naval Reserve on a basis sufficient to afford 48 drills and 15 days' training per annum;

Resolutions adopted by the Ossining Democratic Club and the Italian American Civic Association of Ossining (Inc.), of Ossining, N. Y., remonstrating against the proposed reduction of the number of drill nights provided for the naval reserve from 48 to 24 nights; and

A resolution adopted at Washington, D. C., by the Eighth Women's Patriotic Conference on National Defense, remon

strating against reductions in the pay and allowances of active and retired officers of the Regular Army; to the Committee on Appropriations.

A resolution adopted by the Aero Medical Association of the United States, remonstrating against the removal of all Navy medical officers from a flight-pay status and favoring the placing of all flight surgeons of the Army and Navy on flying status and flight pay; to the Committee on Military Affairs.

Mr. Copeland presented a resolution adopted by the Queens Colony Civic Association (Inc.), of the State of New York, favoring the repeal of the so-called economy act. Ordered, That it lie on the table.

Mr. Capper presented petitions of chapters of the Woman's Christian Temperance Union and church organizations of the State of Kansas, praying Federal regulation of the motion-picture industry.

Ordered, That they lie on the table.

Memorials remonstrating against the repeal of the eighteenth amendment to the Constitution or the modification of the national prohibition act were presented as follows: By Mr. Capper: A memorial of citizens of Woodbine, Kans. By Mr. Copeland: Memorials of citizens of the State of New York. Ordered, That they lie on the table.

REPORTS OF COMMITTEES

Mr. Bingham, by unanimous consent, from the Committee on Territories and Insular Affairs, to whom was referred the bill (H. R. 311) to approve act numbered 268 of the session laws of 1931 of the Territory of Hawaii entitled "An act to authorize and provide for the manufacture, maintenance, distribution, and supply of electric current for light and power within the island of Molokai," reported it without amendment and submitted a report (No. 1135) thereon.

Mr. Johnson, by unanimous consent, from the Committee on Commerce, to whom was referred the bill (S. 5035) amending the shipping act, 1916, as amended, for the purpose of further regulating common carriers by water, reported it with amendments and submitted a report (No. 1136) thereon.

Mr. Johnson, by unanimous consent, from the Committee on Commerce, to whom was referred the bill (H. R. 6733) for estimates necessary for the proper maintenance of the flood-control works at Lowell Creek, Seward, Alaska, reported it without amendment, and submitted a report (No. 1137) thereon.

Mr. Walsh of Montana (for Mr. Schall), by unanimous consent, from the Committee on Interoceanic Canals, to whom were referred the following bills, reported them each with amendments and submitted reports thereon, as follows: H. R. 7519. An act to amend the penal code of the Canal Zone (Rept. No. 1138);

H. R. 7520. An act to amend the Code of Criminal Procedure for the Canal Zone (Rept. No. 1139);

H. R. 7521. An act to provide a new Code of Civil Procedure for the Canal Zone and to repeal the existing Code of Civil Procedure (Rept. No. 1140); and

H. R. 7522. An act to provide a new civil code for the Canal Zone and to repeal the existing civil code (Rept. No. 1141).

Mr. Walsh of Montana (for Mr. Schall), by unanimous consent, from the Committee on Interoceanic Canals, to whom was referred the bill (H. R. 7518) to amend an act entitled "An act extending certain privileges of canal employees to other officials on the Canal Zone and authorizing the President to make rules and regulations affecting health, sanitation, quarantine, taxation, public roads, self-propelled vehicles, and police powers on the Canal Zone, and for other purposes, including provisions as to certain fees, money orders, and interest deposits," approved August 21, 1916, reported it with an amendment and submitted a report (No. 1142) thereon.

Mr. Walsh of Montana (for Mr. Schall), by unanimous consent, from the Committee on Interoceanic Canals, to