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across Elk River between Lauderdale and Limestone Counties, Ala.," approved February 16, 1928; and

H. R. 14657. An act to extend the times for commencing and completing the construction of a railroad bridge and/or a toll bridge across the water between the mainland at or near Cedar Point and Dauphin Island, Ala.

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

HOUSE BILL REFERRED

The bill H. R. 14769, this day received from the House of Representatives for concurrence, was read the first and second times by unanimous consent and referred to the Committee on Appropriations.

USELESS PAPERS IN GOVERNMENT PRINTING OFFICE

The Vice President laid before the Senate a communication from the Public Printer, transmitting, pursuant to law, a report of useless papers in the files of the Government Printing Office which are not needed in the transaction of the current business and have no permanent value or historical interest; which, with the accompanying papers, was referred to a Joint Select Committee on the Disposition of Useless Papers in the Executive Departments; and

The Vice President appointed Mr. Shipstead and Mr. Fletcher as the members of the committee on the part of the Senate.

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

FUNCTIONS OF VARIOUS GOVERNMENT DEPARTMENTS

The Vice President laid before the Senate a communication from the secretary of the Federal Oil Conservation Board, transmitting, in response to Senate Resolution 351, agreed to February 8, 1933, a report of the functions of the board and the cost thereof.

Ordered, That it lie on the table and be printed.

PETITIONS AND MEMORIALS

The Vice President laid before the Senate the following petitions and memorials, which were referred as indicated: A joint memorial of the Legislature of the State of Colorado and a resolution adopted by the Ririe Grain Growers (Inc.), of Ririe, Idaho, favoring the passage of Senate bill 1197, providing for the refinancing of agricultural indebtedness and to establish an efficient credit system; to the Committee on Agriculture and Forestry.

A joint resolution of the Legislature of the State of Illinois, urging the enactment of legislation providing for the appointment of local conciliators to effect compositions and extension agreements between farm debtors and creditors, for the financing the extension of mortgages held by Federal land banks and joint-stock land banks and for the reduction of interest rates on such mortgages, and for additional funds for the Federal land bank and loan association systems to protect mortgagors in the liquidation of banks and to finance the making of new loans; and

A joint memorial of the Legislature of the State of New Mexico, memorializing Congress to enact legislation providing for direct loans to individuals from the Government for building, buying, or improving homes under a plan similar to that of the Federal farm loan act; to the Committee on Banking and Currency.

Resolutions adopted by the Common Council of the City of Whiting, Lake County, Ind.; the Council of the City of Dearborn, Mich.; the Council of the City of New Rochelle, N. Y.; the City Council of Lakewood, Ohio; the Council of the City of Monessen, Pa.; the City Council of Charleston, S. C.; the City Council of Charleston, W. Va.; and the Board of Aldermen of Beverly, Mass., favoring the enactment of legislation providing for a special series of postage stamps in commemoration of Gen. Thaddeus Kosciusko; which were referred to the Committee on Post Offices and Post Roads. Petitions of citizens of the State of Louisiana, praying the continuance of the investigation of the senatorial election of 1932 in that State; and

Memorials of citizens of said State, remonstrating against the continuance of said investigation; to the Committee to Audit and Control the Contingent Expenses of the Senate.

The Vice President laid before the Senate a telegram from the Brown Manufacturing Co., of Houston, Tex., urging the passage of legislation providing relief to debtors. Ordered, That it lie on the table.

Mr. Dill presented a joint memorial of the Legislature of the State of Washington, favoring the passage of legislation to provide a payment of $100 per month to George Charles Walther for life because of accidental shooting by a Federal prohibition enforcement officer.

Ordered, That it lie on the table.

Mr. Wheeler presented a communication from W. I. Wright, of Butte, Mont., relative to the remonetization of silver; which was referred to the Committee on Banking and Currency.

Mr. Copeland presented a resolution adopted by the West Walworth (N. Y.) Dairymen's League Cooperative Association (Inc.), remonstrating against the curtailment of rural mail delivery service; which was referred to the Committee on Post Offices and Post Roads.

Mr. Reed presented a resolution adopted by the Council of the City of Monessen, Pa., favoring the enactment of legislation providing for the issuance of a special series of postage stamps in commemoration of Gen. Thaddeus Kosciuszko; which was referred to the Committee on Post Offices and Post Roads.

REPORTS OF COMMITTEES

Mr. Blaine, by unanimous consent, from the Committee on the Judiciary, to whom was referred the bill (H. R. 14395) relating to the prescribing of medicinal liquors, reported it with amendments and submitted a report (No. 1317) thereon. Mr. Bingham, by unanimous consent, from the Committee on Appropriations, to whom was referred the bill (H. R. 14643) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1934, and for other purposes, reported it with amendments and submitted a report (No. 1318) thereon.

Mr. Fess, by unanimous consent, from the Committee on the Library, to whom was referred the joint resolution (S. J. Res. 241) to enable the United States Roanoke Colony Commission to carry out and give effect to certain plans for the comprehensive observance of the three hundred and fiftieth anniversary of the birth of English-speaking civilization in America, reported it without amendment.

The Senate proceeded, by unanimous consent, to consider the said joint resolution; and no amendment being made, Ordered, That it be engrossed and read a third time. The said joint resolution was read the third time. Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Vandenberg, by unanimous consent, from the Committee on Commerce, to whom was referred the 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 and Fort Smith Railway Co., reported it with an amendment and submitted a report (No. 1319) thereon.

The Senate proceeded, by unanimous consent, to consider the said bill; and the reported amendment having been agreed to,

Ordered, That the bill be engrossed and read a third time. The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Goldsborough, by unanimous consent, from the Committee on Naval Affairs, to whom was referred the bill (H. R. 2907) for the relief of Walter Sam Young, reported it with an amendment and submitted a report (No. 1320) thereon.

INTRODUCTION OF BILLS

Mr. Borah modified his amendment so as to insert in lieu Bills were introduced by unanimous consent, read the of the figure "3" the figures 32. first and second times, and referred as follows: Pending debate,

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Resolved, That the limit of expenditures under Senate Resolution No. 174, Seventy-second Congress, agreed to July 11, 1932, as continued in force by Senate Resolution No. 324, Seventy-second Congress, agreed to January 13, 1933, is hereby increased by $25,000, and the committee acting pursuant to the authority contained in such resolutions is authorized to employ counsel at a rate of compensation not in excess of such rate as may be approved by the Committee to Audit and Control the Contingent Expenses of the Senate. OCEAN MAIL CONTRACT, PHILADELPHIA-BALTIMORE TO LIVERPOOL

MANCHESTER

Mr. Black, by unanimous consent, submitted the following resolution (S. Res. 375):

Whereas specifications have been issued by the Postmaster

General calling for bids on March 1 for an ocean mail con

tract from Philadelphia-Baltimore to Liverpool-Manchester

route No. 58 B, which involves the establishment of a new steamship service and the payment by the Government of about $1,000,000 per annum for 10 years or $10,000,000 in mail money, and also involves the selling of vessels by the United States Lines Co. for a reported price of $500,000 each, which were recently purchased from the Shipping Board for $131,250 each; and

Whereas this proposed new steamship service competes with other American services already established at a great cost to the Government, which services also receive mail pay; and

with American lines; and

Whereas it is understood this new line is to be operated by the International Mercantile Marine Co. (Inc.), which already receives large subsidies from the Government while at the same time operating foreign-flag lines competing Whereas it appears that there has not been and will not be sufficient time to fully investigate the economic necessity of such line or the propriety of granting a mail contract on March 1 next, and as the matter of ocean mail contracts is to be generally investigated by a committee of the Senate; Whereas the Merchant Fleet Corporation reported on February 6, 1933, that this steamship service is not justified: Now, therefore, be it

and

Resolved, That the Postmaster General be requested to postpone the awarding of the said mail contract until the matter can be more fully investigated and the soundness of the proposition more completely determined from the standpoint of the Government's interest and all the facts and circumstances involved.

Ordered, That the resolution lie over one day under the rule.

FARM MORTGAGE RELIEF

The Senate resumed the consideration of the bill (S. 5639) providing for loans or advances by the Reconstruction Finance Corporation for the purpose of securing the postponement of the foreclosure of certain mortgages for a period of two years, and for other purposes.

The question being on agreeing to the amendment heretofore proposed by Mr. Borah, striking out, on page 1, line 9, the figure" 4" and inserting in lieu thereof 3.

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

The Presiding Officer (Mr. Dickinson in the chair) directed the roll to be called;

When

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

A quorum being present, Pending debate,

The regular order having been demanded by Mr. Hastings,

RELIEF OF DEBTORS IN BANKRUPTCY PROCEEDINGS The Presiding Officer laid before the Senate its unfinished

business, viz, the bill (H. R. 14359) to amend an act entitled "An act to establish a uniform system of bankruptcy

throughout the United States," approved July 1, 1898, and acts amendatory thereof and supplementary thereto; and The Senate resumed the consideration of the said bill. Mr. La Follette raised a question as to the presence of a quorum;

Whereupon

The Presiding Officer directed the roll to be called;
When

Eighty-eight Senators answered to their names, as fol

lows:

Ashurst, Austin, Bailey, Bankhead, Barbour, Barkley, Bingham, Black, Blaine, Borah, Bratton, Brookhart, Brous

sard, Bulkley, Bulow, Byrnes, Capper, Caraway, Carey, Clark, Connally, Coolidge, Copeland, Costigan, Couzens, Dale, Dickinson, Dill, Fess, Fletcher, Frazier, George, Glass, GoldsHebert, Hull, Johnson, Kean, Kendrick, Keyes, King, La borough, Gore, Grammer, Hale, Harrison, Hastings, Hayden, Follette, Lewis, Logan, Long, McGill, McKellar, McNary, Metcalf, Moses, Neely, Norbeck, Norris, Nye, Oddie, Patterson, Pittman, Reed, Reynolds, Robinson of Arkansas, Robinridge, Smith, Smoot, Steiwer, Stephens, Swanson, Thomas of son of Indiana, Russell, Schall, Schuyler, Sheppard, ShortIdaho, Thomas of Oklahoma, Townsend, Trammell, Tydings, Vandenberg, Walcott, Walsh of Massachusetts, Watson. Wheeler, and White.

A quorum being present,

The reported amendment was further amended on the motion of Mr. George, and the motion of Mr. Blaine.

On motion by Mr. Hastings to further amend the reported amendment by inserting on page 57, after line 10, a new section entitled "Reorganization of Railroads Engaged in Interstate Commerce,"

Pending debate,

BRIDGE ACROSS THE RIO GRANDE AT RIO GRANDE CITY, TEX. The Presiding Officer (Mr. Dickinson in the chair) laid before the Senate the amendment heretofore received from the House of Representatives for concurrence to the title of the bill (S. 5445) to extend the time for the construction of a bridge across the Rio Grande at or near Rio Grande City, Tex., providing that the same read as follows: "An act to extend the times for commencing and completing the construction of a bridge across the Rio Grande at or near Rio Grande City, Tex."

RELIEF OF STATE OF IDAHO

The Senate proceeded to consider the said amendment; and,

On motion by Mr. Connally,

Resolved, That the Senate agree thereto.

The Presiding, Officer (Mr. Patterson in the chair) laid before the Senate the message this day received from the House of Representatives, announcing its disagreement to

Ordered, That the Secretary notify the House of Repre- the amendments of the Senate to the joint resolution (H. J. sentatives thereof.

MESSAGE FROM THE HOUSE

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

Mr. President: The House of Representatives further insists upon its disagreement to the amendments of the Senate numbered 2 to 13, inclusive, to 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; it insists upon its amendments to the amendments of the Senate numbered 1, 14, 15, and 16 to the said bill, disagreed to by the Senate; it agrees to the further conference asked by the Senate on the disagreeing votes of the two Houses thereon and has appointed Mr. Byrns, Mr. Arnold, Mr. Ludlow, Mr. Wood of Indiana, and Mr. Thatcher managers at the same on its part.

The House has agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 13872) making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1934, and for other purposes; it has receded from its disagreement to the amendment of the Senate numbered 14 to the said bill and agreed to the same with an amendment, in which it requests the concurrence of the Senate; and it has receded from its disagreement to the amendment of the Senate numbered 15 and agreed to the same.

APPROPRIATIONS FOR INDEPENDENT OFFICES

Mr. Smoot submitted the following conference report: The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 14458) making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendment numbered 4. That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 3, 5, 6, 8, and 10, and agree to the same.

Amendment numbered 7: That the House recede from its disagreement to the amendment of the Senate numbered 7, and agree to the same with an amendment as follows: In lieu

Res. 138) for the relief of the State of Idaho.

On motion by Mr. Reed,

Resolved, That the Senate recede from its amendment to the text and to the title, respectively, of the said 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 House of Representatives has passed without amendment the bill (S. 5417) to extend the operation of the act entitled "An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law," approved April 1, 1932.

RELIEF OF DEBTORS IN BANKRUPTCY PROCEEDINGS The Senate resumed the consideration of its unfinished business, viz, the bill (H. R. 14359) to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, and acts amendatory thereof and supplementary thereto.

The question being on agreeing to the amendment proposed to the reported amendment by Mr. Hastings on page 57, after line 10,

Pending debate,

The amendment proposed by Mr. Hastings was amended on the motion of Mr. Fletcher, the motion of Mr. Bratton, and the motion of Mr. La Follette.

MESSAGE FROM THE HOUSE

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

Mr. President: The House of Representatives has passed without amendment the bill (S. 2654) to allow credit in connection with homestead entries to widows of persons who served in certain Indian wars.

The Speaker of the House having signed 16 enrolled bills, viz, H. R. 2601, H. R. 5367, H. R. 6270, H. R. 7432, H. R. 10749, H. R. 11980, H. R. 12769, H. R. 12977, H. R. 13026, H. R. 13750, H. R. 13960, H. R. 14204, H. R. 14321, H. R. 14363, H. R. 14461, and H. R. 14489, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILLS SIGNED

Mr. Vandenberg, from the Committee on Enrolled Bills,

the following bills:

of the matter inserted by said amendment insert the follow-reported that they had examined and found truly enrolled ing: $780,000, of which $280,000 shall be available for the completion of the public utilities investigations undertaken pursuant to Senate Resolution Numbered 83, Seventieth Congress; and the Senate agree to the same.

Amendment numbered 9: That the House recede from its disagreement to the amendment of the Senate numbered 9, and agree to the same with an amendment as follows: In lieu of the sum proposed insert $800,000; and the Senate agree to the same.

Amendment numbered 11: That the House recede from its disagreement to the amendment of the Senate numbered 11, and agree to the same with an amendment as follows: In lieu of the sum proposed insert $1,003,159,779; and the Senate agree to the same.

REED SMOOT,
FREDERICK HALE,

HENRY W. KEYES,

CARTER GLASS,
ROYAL S. COPELAND,

Managers on the part of the Senate.

C. A. WOODRUM,
JOHN J. BOYLAN,

JOHN W. SUMMERS,

Managers on the part of the House. Ordered, That the report lie on the table and be printed.

H. R. 2601. An act for the relief of William Mathew Squires;

H. R. 5367. An act for the relief of Jerry V. Crane;
H. R. 6270. An act for the relief of Alexander F. Sawhill;
H. R. 7432. An act to authorize the Interstate Commerce

Commission to delegate certain of its powers;

H. R. 10749. An act to authorize acceptance of proposed donation of property in Maxwell, Nebr., for Federal building purposes;

H. R. 11980. An act authorizing the President to make a

posthumous award of a distinguished-flying cross to Glenn H. Curtiss, deceased, and to present the same to Lua Curtiss, mother of the said Glenn H. Curtiss, deceased;

H. R. 12769. An act to provide an additional authorization for the acquisition of land in the vicinity of Camp Bullis. Tex.;

H. R. 12977. An act to amend section 808 of Title VIII of the revenue act of 1926, as amended by section 443 of the revenue act of 1928;

H. R. 13026. An act to amend chapter 231 of the act of May 22, 1896 (29 Stat. 133, sec. 546, title 34, U. S. C.);

H. R. 13750. An act to regulate the bringing of actions for damages against the District of Columbia, and for other purposes;

H. R. 13960. An act to amend the description of land described in section 1 of the act approved February 14, 1931, entitled "An act to authorize the President of the United States to establish the Canyon De Chelly National Monument within the Navajo Indian Reservation, Ariz.;

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(p) In proceedings under this section, claims for personal injuries to employees of a railroad corporation and claims of personal representatives of deceased employees of a railroad corporation arising under State or Federal laws shall be preferred claims against the assets of such railroad cor

H. R. 14204. An act to amend section 653 of the Code of poration, in receivership or reorganization as herein pro-
Law for the District of Columbia;

H. R. 14321. An act to authorize the Secretary of the Treasury in his discretion to acquire a new site in Huntsville, Ala., and to construct a building thereon for the accommodation of the courts, post office, and other Government offices;

H. R. 14363. An act making appropriations for the Departments of State and Justice and for the judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1934, and for other purposes; H. R. 14461. An act to provide for placing the tion, custody, and control of the Washington City post office in the Secretary of the Treasury; and

vided, such claims to be subordinate only to costs of admin-
istration of such receivership or reorganization.
After debate,

Yeas__
Nays

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43
26

It was determined in the affirmative,
On motion by Mr. Black,
The yeas and nays being desired by one-fifth of the
Senators present,

Senators who voted in the affirmative are-
Bankhead, Barkley, Black, Bratton, Brookhart, Broussard,
jurisdic-Bulkley, Bulow, Byrnes, Capper, Caraway, Clark, Connally,
Coolidge, Copeland, Costigan, Dill, Frazier, George, Glass,
Gore, King, La Follette, Lewis, McGill, McKellar, Neely,
Norris, Nye, Pittman, Reynolds, Robinson of Arkansas, Rob-
inson of Indiana, Russell, Schall, Sheppard, Smith, Thomas
of Oklahoma, Trammell, Tydings, Wagner, Walsh of Massa-

H. R. 14489. An act relating to the construction of a Federal building at Mangum, Okla.

The Vice President thereupon signed the same and they were delivered to the committee to be presented to the Presi-chusetts, and Wheeler. dent of the United States.

RELIEF OF DEBTORS IN BANKRUPTCY PROCEEDINGS The Senate resumed the consideration of its unfinished business, viz, the bill (H. R. 14359) to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, and acts amendatory thereof and supplementary thereto.

The question being on agreeing to the amendment, as amended, proposed to the reported amendment by Mr. Hastings on page 57, after line 10,

On motion by Mr. Norris to further amend Mr. Hastings' amendment by inserting on page 21, after line 10, a provision relating to wages of railroad employees,

On motion by Mr. Hastings to insert in lieu of the language contained in the said amendment certain other words,

Pending debate,

Senators who voted in the negative are—

Austin, Bailey, Barbour, Bingham, Carey, Couzens, Dick-
inson, Fess, Goldsborough, Grammer, Hale, Hastings,
Hebert, Kean, Keyes, McNary, Metcalf, Moses, Oddie, Pat-
terson, Reed, Schuyler, Steiwer, Townsend, Vandenberg, and
Walcott.

So Mr. Black's amendment to the amendment proposed by
Mr. Hastings was agreed to.

The question recurring on agreeing to the amendment
proposed by Mr. Hastings, as amended, viz, on page 57,
after line 10, insert the following:

Sec. 77. Reorganization of railroads engaged in interstate commerce.-(a) Any railroad corporation may file a petition stating that the railroad corporation is insolvent or unable to meet its debts as they mature and that it desires to effect a plan of reorganization. The petition shall be filed with the court in whose territorial jurisdiction the railroad corpora

Mr. Hastings raised a question as to the presence of a tion, during the preceding six months or the greater portion quorum;

Whereupon

The Presiding Officer (Mr. Patterson in the chair) directed the roll to be called;

When

Eighty-eight Senators answered to their names, as

follows:

Ashurst, Austin, Bailey, Bankhead, Barbour, Barkley, Bingham, Black, Blaine, Borah, Bratton, Brookhart, Broussard, Bulkley, Bulow, Byrnes, Capper, Caraway, Carey, Clark, Connally, Coolidge, Copeland, Costigan, Couzens, Dale, Dickinson, Dill, Fess, Fletcher, Frazier, George, Glass, Goldsborough, Gore, Grammer, Hale, Harrison, Hastings, Hayden, Hebert, Hull, Johnson, Kean, Kendrick, Keyes, King, La Follette, Lewis, Logan, Long, McGill, McKellar, McNary, Metcalf, Moses, Neely, Norbeck, Norris, Nye, Oddie, Patterson, Pittman, Reed, Reynolds, Robinson of Arkansas, Robinson of Indiana, Russell, Schall, Schuyler, Sheppard, Shortridge, Smith, Smoot, Steiwer, Stephens, Swanson, Thomas of Idaho, Thomas of Oklahoma, Townsend, Trammell, Tydings, Vandenberg, Walcott, Walsh of Massachusetts, Watson, Wheeler, and White.

A quroum being present,

Mr. Norris modified his proposed amendment,

Mr. Hastings withdrew the substitute proposed by him; when

The amendment proposed by Mr. Norris, as modified, was agreed to.

The amendment proposed by Mr. Hastings was further amended on the motion of Mr. La Follette, and the motion of Mr. Bratton.

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thereof, has had its principal executive or operating office,
and a copy of the petition shall at the same time be filed
with the Interstate Commerce Commission hereinafter called
the commission: Provided, That when any railroad, although
engaged in interstate commerce, lies wholly within one State,
such proceedings shall be brought in the Federal district
court within the State in which the railroad is located. The
petition shall be accompanied by payment to the clerk of a
filing fee of $100, which shall be in addition to the fees
required to be collected by the clerk under other sections of
this act. Upon the filing of such a petition, the judge shall
enter an order either approving it as properly filed under
this section, if satisfied that such petition complies with this
section and has been filed in good faith, or dismissing it if
not so satisfied. If the petition is so approved, the court in
which such order approving the petition is entered shall,
during the pendency of the proceedings under this section
and for the purposes thereof, have exclusive jurisdiction of
the debtor and its property wherever located. The railroad
corporation shall be referred to in the proceedings as a
"debtor." Any corporation, the majority of the capital
stock of which having power to vote for the election of
directors is owned, either directly or indirectly through an
intervening medium, by any railroad corporation filing a
petition as a debtor under this section, or substantially all
of whose properties are operated by such a debtor under lease
or operating agreement may file, with the court in which
such other debtor had filed such a petition, and in the pro-
ceeding upon such petition under this section, a petition
stating that it is insolvent or unable to meet its debts as
they mature and that it desires to effect a plan of reorgani-

On motion by Mr. Black to further amend the amend-zation in connection with, or as a part of, the plan of reor-
ment proposed by Mr. Hastings by inserting on page 21,
after line 16, a new subsection, as follows:

ganization of such other debtor; and thereupon such court
shall have the same jurisdiction with respect to it, its prop-

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erty and its creditors and stockholders as the court has with respect to such other debtor. Creditors of any railroad corporation having claims or interests aggregating not less than 5 per centum of all the indebtedness of such railroad corporation as shown in the latest annual report which it has filed with the commission at the time when the petition is filed, may, if the railroad corporation has not filed a petition under this section, but subject to first having obtained the approval of the Interstate Commerce Commission, after hearing, upon notice to such railroad corporation, file with the court in which such railroad corporation might file a petition under the provisions of this section, a petition stating that such railroad corporation is insolvent or unable to meet its debts as they mature and that such creditors propose that it shall effect a reorganization; upon such filing of such a petition copies thereof shall be filed with the commission and served by the petitioning creditors forthwith upon the railroad corporation; the railroad corporation shall, within ten days after such service, answer such petition; if such answer shall admit the jurisdiction of the court, that the claims of the petitioning creditors constitute the amounts necessary to entitle them to file such petition under this section, and that the railroad corporation is either insolvent or unable to meet its debts as they mature, the court shall, upon the filing of the recommendations of the commission in writing, enter an order approving the petition as properly filed under this section if satisfied that it complies with this section and has been filed in good faith, or disapprove it if not so satisfied; and if so approved the proceedings thereon shall continue with like effect as if the railroad corporation had itself filed a petition under this section; if such answer shall deny either the jurisdiction of the court or that the claims of the petitioning creditors constitute such necessary amounts or that the railroad corporation is insolvent or unable to meet its debts as they mature, the court shall sum- | marily try the issues, and if after the filing of the recommendations of the commission in writing it shall find that the petition complies with this section, and has been filed in good faith, the court shall enter an order approving the petition as properly filed under this section, and the proceedings | thereon shall continue with like effect as if the railroad corporation had itself filed a petition under this section; otherwise the court shall dismiss the petition.

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(c) Under approving the petition as properly filed the judge (1) may temporarily appoint from a panel of standing trustees qualified for such service to be selected and designated in advance by the commission a trustee or trustees of the debtor's estate, who shall have all the title, and subject to the control of the judge and consistently with the provisions of this section, shall exercise all the powers of a trustee appointed pursuant to section 44 or any other section of this act, and, subject to the judge's control and the jurisdiction of the commission as provided by the interstate commerce act as amended, shall have the power to operate the business of the railroad corporation; (2) shall fix the amount of the bond of such trustee or trustees and require the debtor, the trustee, or trustees to give such notice as the order may direct to creditors and stockholders and to cause publication thereof to be made at least once a week for two successive weeks of a hearing to be held within thirty days after such appointment, at which hearing or any adjournment thereof the judge may make perma| nent such appointment, or may terminate it and may, in the manner herein provided for the appointment of trustees, appoint a substitute trustee or substitute trustees, and in the same manner may appoint an additional trustee or additional trustees, and shall fix the amount of the bond of the substitute or additional trustee or trustees; the trustee or trustees and their counsel shall receive such compensation as the judge may allow within a maximum approved by the commission; (3) may for cause shown, and with the approval of the commission, in accordance with section 20 (a) of the interstate commerce act as amended, authorize the trustee or trustees to issue certificates for cash, property, or other consideration approved by the judge, for such lawful purposes and upon such terms and conditions and with such security and such priority in payments over existing obligations, secured or unsecured, as might in an equity receivership be lawful; (4) shall require the debtor, at such time or times as the judge may direct and in lieu of the schedules required by section 7 of this act, to file such schedules and submit such other information as may be necessary to disclose the conduct of the debtor's affairs and the fairness of any proposed plan; (5) shall determine a reasonable time within which the claims and interests of creditors and stockholders may be filed or evidenced and (b) A plan of reorganization within the meaning of this after which no such claim or interest may participate in section (1) shall include a proposal to modify or alter the any plan except on order for cause shown; the manner in rights of creditors generally, or of any class of them, secured which such claims and interests may be filed or evidenced or unsecured, either through the issuance of new securities and allowed, and, for the purposes of the plan and its acof any character or otherwise; (2) may include, in addition, ceptance, the division of creditors and stockholders into provisions modifying or altering the rights of stockholders classes according to the nature of their respective claims generally, or of any class of them; (3) shall provide adequate and interests; (6) shall cause reasonable notice of such means for the execution of the plan, which may, so far as determination, or of the dismissal of the proceedings, or may be consistent with the provisions of sections 1 and 5 of the allowance of fees or expenses, to be given creditors and the interstate commerce act as amended, include the trans- stockholders by publication or otherwise; (7) if a plan of fer or conveyance of all or any part of the property of the reorganization is not proposed or accepted, or, if proposed debtor to another corporation or to other corporations or and accepted, is not confirmed, within such reasonable time the consolidation of the properties of the debtor with those as the judge may, upon cause shown and after considering of another railroad corporation, or the merger of the debtor any recommendation which has been filed by the commiswith any other railroad corporation and the issuance of | sion, allow, may dismiss the proceeding; (8) may, within securities of either the debtor or any such corporation or such maximum limits as are fixed by the commission, as corporations, for cash, or in exchange for existing securities, elsewhere provided in subdivision (f) of this section, allow or in satisfaction of claims or rights, or for other appropriate a reasonable compensation for the services rendered and purposes; and (4) may deal with all or any part of the prop-reimbursement for the actual and necessary expenses inerty of the debtor. The term “securities” shall include evidences of indebtedness, either secured or unsecured, bonds, stocks, certificates of beneficial interest therein, and certificates of beneficial interest in property. The term "stockholders" shall include the holders of voting trust certifi- | such assistants as the commission with the approval of the cates. The term "creditors" shall, except as otherwise specifically provided in this section, include, for all purposes of this section and of the reorganization plan, its acceptance and confirmation, all holders of claims, interests, or securities of whatever character against the debtor or its property, including claim for future rent, whether or not such claims, interests, or securities would otherwise constitute provable claims under this act.

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curred in connection with the proceeding and plan by officers, parties in interest, reorganization managers, and committees or other representatives of creditors or stockholders, and the attorneys or agents of any of the foregoing, and by

judge may specially employ; and (9) may on his own motion or at the request of the commission refer any matters for consideration and report, either generally or upon specified issues to one of several special masters who shall have been previously designated to act as special masters in any proceedings under this section by order of any circuit court of appeals and may allow such master a reasonable compensation for his services. The circuit court of appeals

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