3 1 semination of any false advertisement by United States mails, 2 or in interstate commerce, by radio broadcast or otherwise, 3 for the purpose of inducing, directly or indirectly, the pur4 chase of food, drugs, or cosmetics; (2) the dissemination 5 of any false advertisement by any means for the purpose 6 of inducing, directly or indirectly, the purchase of foods, 7 drugs, or cosmetics in interstate commerce. 8 9 "(b) Whenever the Commission shall have reason to believe that any person has disseminated, or is dissem10 inating, any false advertisement by any of the means and 11 14 for the purpose mentioned in subdivision (a) of this seo12 tion, and it shall appear to the Commission that a proceed13 ing by it in respect thereof would be to the interest of the public, it shall proceed to prevent the same in the same manner and by the same methods as provided for the pre16 vention of the use of unfair methods of competition by section 5 of an Act of Congress approved September 26, 15 17 18 1914, entitled 'An Act to create a Federal Trade Com19 mission, to define its powers and duties, and for other pur20 poses', as amended. The provisions of said section 5 and 21 of sections 6, 9, and 10 of said Act, as amended, shall 22 apply in and to proceedings under this section insofar as 23 they may be applicable. The Circuit Court of Appeals 24 shall have the same jurisdiction to review the orders of VOL. 4 LEGISLATIVE HISTORY OF THE FOOD, DRUG & COSMETIC ACT 4 1 the Commission and to enforce the same, and shall review 2 and enforce the same, as provided by said section 5. 3 "(c) The Secretary shall report to the Federal Trade 4 Commission on all cases of false advertising intended to 5 promote the sale of food, drugs, or cosmetics that may come 6 to his knowledge and submit therewith any evidence he 7 may have together with any reports and scientific opinions 8 of his department relative thereto." 9 On page 53, line 8, strike out "713" and insert in 10 lieu thereof 714". .6 On page 53, line 21, strike out "714" and insert in 11 12 lieu thereof "715 ". 13 14 lieu thereof " 716". 15 16 lieu thereof " 717 ". 17 18 lieu thereof " 718 ". On page 55, line 19, strike out "715" and insert in On page 56, line 11, strike out "716" and insert in On page 56, line 17, strike out "717" and insert in 11 74TONGRESS S. 5 AMENDMENTS Intended to be proposed by Mr. CLARK to the poses. MARCH 13 (calendar day, APRIL 3), 1935 Ordered to lle on the table and to be printed 4900 CONGRESSIONAL RECORD-SENATE S. 1532. A bill to credit the Crow Indian tribal funds with certain amounts heretofore expended from tribal funds on irrigation works of the Crow Reservation, Mont. (Rept. No. 411). APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA Mr. THOMAS of Oklahoma. From the Committee on Appropriations I report back favorably, with amendments, the bill (H. R. 3973) 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, 1936, and for other purposes, and I submit a report (No. 406) thereon. I desire to give notice that at the earliest possible date I will call the bill up for consideration by the Senate. The VICE PRESIDENT. The bill will be placed on the calendar. BILLS AND JOINT RESOLUTION INTRODUCED Bills and a joint resolution were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows: By Mr. BARBOUR and Mr. MOORE: A bill (S. 2491) authorizing preliminary examination and survey of Shark River, N. J.; to the Committee on Commerce. By Mr. SHEPPARD: A bill (S. 2492) to provide further for membership on the Board of Visitors, United States Military Academy; to the Committee on Military Affairs. By Mr. THOMAS of Oklahoma: A bill (S. 2493) for the relief of John Hamilton; to the Committee on Military Affairs. APRIL 3 H. R. 2132. An act to extend the provisions of the United H. R. 2204. An act for the relief of Robert M. Kenton; H. R. 2422. An act for the relief of James O. Greene and H. R. 2439. An act authorizing adjustment of the claim of H. R. 2679. An act for the relief of Ladislav Cizek; H. R. 2690. An act for the relief of John B. Grayson; A bill (S. 2494) for the relief of the heirs of George Spy- Panozza; buck, deceased; to the Committee on Claims. By Mr. McADOO: A bill (S. 2495) to provide for signs on the roofs of certain railroad stations; to the Committee on Interstate Commerce. (Mr. BLACK introduced Senate bill No. 2496, which was referred to the Committee on Interstate Commerce, and appears under a separate heading.) By Mr. KING: A bill (S. 2497) to control and regulate the discharge or emission of smoke, soot, noxious gases, cinders, or fly ash into open air in the District of Columbia, and to provide for the inspection, control, and regulation of steam boilers and unfired pressure vessels in the District of Columbia; and A joint resolution (S. J. Res. 97) authorizing the appropriation of funds for the maintenance of public order and the protection of life and property during the convention of the Imperial Council of the Mystic Shrine in the District of Columbia June 8, 1935, to June 17, 1935, both inclusive; to the Committee on the District of Columbia. AMENDMENT OF RAILWAY LABOR ACT Mr. BLACK. I ask unanimous consent to introduce a bill to amend the Railway Labor Act. This amendment, if passed, will bring within the purview of that act the employees of aviation throughout the country. The VICE PRESIDENT. Without objection, the bill will be received and appropriately referred. The bill (S. 2496) to amend the Railway Labor Act, was read twice by its title and referred to the Committee on Interstate Commerce. HOUSE BILLS REFERRED H. R. 3219. An act for the relief of Joseph Walter Gautier; H. R. 3506. An act for the relief of George Raptis; H. R. 3911. An act for the relief of Sarah J. Hitchcock; and H. R. 6453. An act to amend the act of May 13, 1924, entitled "An act providing for a study regarding the equitable use of the waters of the Rio Grande ", etc., as amended by the public resolution of March 3, 1927; to the Committee on Foreign Relations. PROTECTION AGAINST SOIL EROSION-AMENDMENT Mr. GORE submitted an amendment intended to be proposed by him to the bill (H. R. 7054) to provide for the protection of land resources against soil erosion, and for other purposes, which was referred to the Committee on Agriculture and Forestry and ordered to be printed. CUSTODY AND PRINTING OF FEDERAL PROCLAMATIONS, ETC.- Mr. FLETCHER submitted an amendment intended to be The following bills were severally read twice by their titles ing and distribution thereof, which was referred to the Com and referred as indicated below: H. R. 285. An act for the relief of Elizabeth M. Halpin; Loskey; Mr. MCKELLAR Submitted an amendment, and Mr. CLARK H. R. 1291. An act for the relief of the Muncy Valley submitted three amendments, intended to be proposed by Private Hospital; H. R. 1487. An act for the relief of H. A. Taylor; H. R. 1488. An act for the relief of Rose Burke; H. R. 1492. An act for the relief of Harbor Springs, Mich.; them, respectively, to the bill (S. 5) to prevent the manufacture, shipment, and sale of adulterated or misbranded food, drink, drugs, and cosmetics, and to regulate tramc therein; to prevent the false advertisement of food, drink, drugs, and cosmetics, and for other purposes, which were ordered to lie on the table and to be printed. 74TH CONGRESS 18T SESSION 1 S. 5 2 AMENDMENT Proposed by Mr. BAILEY to the bill (S. 5) to prevent the manufacture, shipment, and sale of adulterated or misbranded food, drinks, drugs, and cosmetics, and to regulate traffic therein; to prevent the false advertisement of food, drink, drugs, and cosmetics; and for other purposes, viz: On page 45, line 7, after the word "found", insert a colon and the following: "Provided, however, That not more than one seizure action shall be instituted in cases of alleged 4 misbranding, except upon order to show cause, and then 5 upon a showing by the Secretary that such article is mis 3 6 branded in manner or degree as to render such article immi7 nently dangerous to health, or that such alleged misbranding 8 has been the basis of a prior judgment in favor of the United 9 States in a criminal prosecution or libel for condemnation 10 proceeding respecting such article under this Act: And 11 provided further, That said single seizure action shall, on 12 motion, be removed for trial to a jurisdiction of reasonable 13 proximity to the residence of the claimant of such article." IN THE SENATE OF THE UNITED STATES MARCH 13 (calendar day, APRIL 3), 1935 Ordered to be printed |