10 FOOD, DRUGS, AND COSMETICS For administrative purposes that necessarily means if the officer or employee thinks the articles are dangerous under those conditions. Being of such mind, the employees is authorized by section 711 (a) to seize foods, drugs, and cosmetics without process. The bill authorizes multiple seizures not only for adulteration but for misbranding, making no distinction between those offenses, except the one above mentioned. There is no limit prescribed upon the number of seizures that can be made for either. The only ostensible limitation is the provision of section 711 (g) that the courts be vested with jurisdiction to restrain by injunction any multiplicity of proceedings under this section. The petition to the courts, however, cannot be made until after seizures are made. There is no requirement that seizure actions may be removed for trial to a district of reasonable proximity to the manufacturer. Section 711 (e) provided that when cases in which the same issues of adulteration or misbranding, raised by the same claimant, are pending in various jurisdictions, the district court for any district where one of such seizures is pending is vested with jurisdiction to consolidate and try such cases separately. Under the bill seizures may be made in any district of the United States where the goods are located. They may be, and often are, made hundreds or thousands of miles from the residence of the manufacturer. The provision of the bill means, for illustration, that if the goods of a manufacturer who resides in Baltimore are seized numerous times on the Pacific coast, the Baltimore manufacturer may have one court on the Pacific coast try all of them. The manufacturer is under serious disadvantage and perhaps is unable through financial inadequacy to transport witnesses and data across the continent. (The Vandenberg amendment, adopted by the Senate, corrects this defect.) Nothing is to be gained by the unnecessary harassment of industry by a multiplicity of condemnation proceedings. Fairness requires that in the exercise of so drastic and extraordinary a procedure a distinction be recognized between serious offenses of adulteration and comparatively minor offenses of misbranding. The bill defines foods, drugs, and cosmetics as misbranded if their labeling is false or misleading in any particular; if they do not bear complete and adequate directions for use; if the labeling does not contain various warnings; if claims are not sustained by medical opinion; and, in the language of the bill if any word, statement, or other information required on the label under any provision of this act is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by purchasers and users of such articles under customary conditions of purchase and use, due consideration being given to the size of the package. In other words, if those requirements are not met, or if there are divergent views as to the statement of therapeutic claims, or if there are issues of fact, then foods, drugs, and cosmetics may be seized in interstate commerce, at the instance of bureau officials, without limitation as to the number or locality and without regard to the seriousness of the offense. This extraordinary power in the hands of a bureau is in addition to the punitive criminal provisions of the bill and the provision in section 712 authorizing the courts to enjoin the repetitious shipment of adulterated and misbranded goods. VOL. 4 LEGISLATIVE HISTORY OF THE FOOD, DRUG & COSMETIC ACT FOOD, DRUGS, AND COSMETICS 11 Again, as in the case of advertisements, for security against arbitrary and devastating action the regulated industries must accede to the dictates of the enforcement officials. Manufacturers cannot run the risk of their businesses being crippled or destroyed. Their day in court is assured only after the damage has been done-months afterward, depending on the state of court calendars in the districts where seizures are made. Actually, their day in court is denied. There should be no limitation upon the number of seizures as to adulteration, provided advertising and labeling are not defined as adulteration as the bill in its present state defines them. Misbranding, involving, as it does, matters of opinion, potentially academic and technical offenses, and issues of fact, should not be handled in so arbitrary a manner. To empower the enforcement officer to seize, or to cause to be seized, goods which he considers misbranded forestalls the manufacturer's right to an adjudication of the differences of opinion or issues of fact which may exist between him and the enforcement officers. Section 711 (a) should be amended by adding on page 45 at the end of line 7, the following: Provided, however, That not more than one seizure action shall be instituted in cases of alleged misbranding except upon order to show cause, and then upon a showing by the Secretary that such article is misbranded in manner or degree as to render such article imminently dangerous to health, or that such alleged misbranding has been the basis of a prior judgment in favor of the United States in a criminal prosecution or libel for condemnation proceeding respecting such article under this act: And provided further, That said single seizure action shall, on motion, be removed for trial to a jurisdiction of reasonable proximity to the residence of the claimant of such article. Respectfully submitted. о 47 JOSIAH W. BAILEY. 4982 CONGRESSIONAL RECORD-SENATE Unless the Federal Government goes to the aid of the public schools at once. Dr. Studebaker predicts that 3,500,000 school children will be denied educational training after April 1. In many instances teachers have not received a penny of salary since January 1 and yet they are sticking to the job. It is not necessary to argue with readers of Labor that locking the doors of tens of thousands of American schools would be a calamity of major proportions. The nation that neglects its children is wantonly sacrificing its most precious asset. America cannot afford to make such a blunder. Labor cannot refrain from recording, with what it regards as pardonable pride, that Senator CUTTING's proposal was suggested by the Federation of Teachers, a real trade union, affiliated with the American Federation of Labor. Every teacher in the land should be a member of this excellent organization. The present tragic plight of our schools is largely due to the fact that the big majority of our educators have failed to appreclate the value of organization. United in a militant union, they could do more to save America's endangered school system than any other single force. [Editorial in the Washington Daily News of Mar. 29, 1935] KEEP THE SCHOOLS OPEN The Cutting amendment to the work-relief bill, setting aside $40,000,000 to keep open the schools for the remainder of this school year, should be favorably considered by the House and Senate conference. All of this sum may not be needed, but there is no doubt that many of the States must have help. Commissioner John W. Studebaker, of the United States Office of Education, estimates that 31 States have total deficits of $37,000,000, out of which $24,500,000 is needed to pay teachers' back salaries. Some 42,000 schools in 25 States are faced with immediate closing orders and 102,000 teachers with loss of income. In view of their meager salaries, loss of income would mean destitution for many teachers. As F. E. R. A. Administrator Hopkins says, "Teachers should not be identified with relief." The Cutting amendment will keep teachers of the relief rolls, keep the schools open until June, and keep children off the streets. REPORTS OF COMMITTEES Mr. TRAMMELL, from the Committee on Naval Affairs, to which was referred the bill (S. 1209) to authorize the Secretary of the Navy to relinquish an easement for a water main at Pearl Harbor, Hawaii, reported it without amendment and submitted a report (No. 415) thereon. Mr. WALSH, from the Committee on Naval Affairs, to which was referred the bill (S. 885) to correct the naval record of Joseph Horace Albion Normandin, reported it with an amendment and submitted a report (No. 412) thereon. Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, to which was referred the bill (S. 1723) to authorize payment to the Sac and Fox (of Missouri) Tribe of Indians of certain tribal funds to their credit in the United States Treasury, and for other purposes, reported it with amendments and submitted a report (No. 413) thereon. Mr. STEIWER, from the Committee on Indian Affairs, to which was referred the bill (S. 506) to credit the Klamath Indian tribal funds with certain amounts heretofore expended from tribal funds on irrigation works of the Klamath Reservation, Oreg., reported it without amendment and submitted a report (No. 414) thereon. Mr. CONNALLY, from the Committee on Public Buildings and Grounds, to which were referred the following bills, reported them each without amendment and submitted reports thereon: S. 2088. A bill to authorize acquisition of land to provide appropriate means of access to the post-office building at Jonesboro, Ark. (Rept. No. 416); and S. 2356. A bill to amend the act entitled "An act for the relief of contractors and subcontractors for the post offices and other buildings and work under the supervision of the Treasury Department, and for other purposes ", approved August 25, 1919, as amended by act of March 6, 1920 (Rept. No. 417). Mr. DUFFY, from the Committee on Military Affairs, to which was referred the bill (S. 1783) for the relief of John F. Patterson, reported it without amendment and submitted a report (No. 418) thereon. Mr. CAPPER, from the Committee on the District of Columbia, to which was referred the bill (S. 1023) to provide for the payment of a military instructor for the high-school cadets of Washington, D. C., reported it with amendments and submitted a report (No. 419) thereon. APR Mr. WHEELER, from the Committee on Indian AЛa which were referred the following bills, reported then erally without amendment and submitted reports there S. 1522. A bill to provide funds for cooperation with p school districts in Glacier County, Mont., in the improve and extension of school buildings to be available to Indian and white children (Rept. No. 420); S. 1524. A bill to provide funds for cooperation with s district no. 23, Polson, Mont., in the improvement and e sion of school buildings to be available to both Indian white children (Rept. No. 421); S. 1525. A bill to provide funds for cooperation with school district no. 28, Lake and Missoula Counties, Mont extension of public-school buildings to be available to Ir children of the Flathead Indian Reservation (Rept. No. 4 S. 1526. A bill to provide funds for cooperation with school board at Brockton, Mont., in the extension of public-school building at that place to be available to In children of the Fort Peck Indian Reservation (Rept. No. 4 and S. 1530. A bill to authorize appropriations for the com tion of the public high school at Frazer, Mont. (Rept. 424). REGULATION OF TRAFFIC IN FOOD, DRUGS, AND COSMETICS MINORITY VIEWS (REPT. NO. 361, PT. 2) Mr. BAILEY. Mr. President, with reference to the pe ing legislation, I gave notice in the Committee on Comm that I would reserve the right to file views of the minorit Senate bill 5. Thereafter I suffered an injury and incapacitated. That accounts for the delay. I have, h ever, at last prepared the report. I know that we have ceeded far in the debate, and that there have been m amendments adopted to the pending bill, but I should lik have permission of the Senate to file the report at this t in order that it may be printed and put on the desks of S ators, even though that may be after the passage of the 1 If there is any objection, I will not insist, but my excuse that I could not do the work sooner. Mr. COPELAND. Mr. President, will the Senator yield me? Mr. BAILEY. I yield. Mr. COPELAND. Was the request of the Senator that be permitted to file views of the minority? Mr. BAILEY. Yes. Mr. COPELAND. I have no objection to that, but I shou like to add that if the bill should be finally disposed of, t report which has been presented may be revised to inclu the amendments which have been made. Mr. BAILEY. I shall be glad to take that up with t Senator from New York in the course of the day. The VICE PRESIDENT. Is there objection to the r quest of the Senator from North Carolina? The Chair hea none, and the views of the minority will be received a printed. ENROLLED BILLS AND JOINT RESOLUTION PRESENTED Mr. LONERGAN (for Mrs. CARAWAY), from the Committ on Enrolled Bills, reported that on today, April 4, 1935, th committee presented to the President of the United Stat the following enrolled bills and joint resolution: S. 255. An act for the relief of Margaret L. Carleton; S. 274. An act for the relief of Charles C. Floyd; S. 906. An act for the relief of Chellis T. Mooers; S. 1391. An act for the relief of William Lyons; S. 1520. An act for the relief of Charles E. Dagenett; S. 1621. An act for the relief of Mrs. Charles L. Reed; S. 1694. An act for the relief of C. B. Dickinson; and S. J. Res. 21. Joint resolution authorizing the President t proclaim October 11 of each year General Pulaski's Memoria Day for the observance and commemoration of the death o Brig. Gen. Casimir Pulaski. BILLS INTRODUCED Bills were introduced, read the first time, and, by unani mous consent, the second time, and referred as follows: 74TH CONGRESS 18T SESSION S. 5 IN THE SENATE OF THE UNITED STATES MARCH 13 (calendar day, APRIL 4), 1935 Ordered to lie on the table and to be printed AMENDMENT Proposed by Mr. MCKELLAR to the bill (S. 5) to prevent the manufacture, shipment, and sale of adulterated or misbranded food, drink, drugs, and cosmetics, and to regulate traffic therein; to prevent the false advertisement of food, drink, drugs, and cosmetics; and for other purposes, viz: 1 On page 25, linės 19 to 23, strike out the following: 2 "Any representation concerning any effect of a drug shall be deemed to be false under this paragraph if such representa 3 4 tion is not sustained by demonstrable scientific facts or sub5 stantial and reliable medical opinion ", and insert in lieu 6 thereof the following: "Any representation concerning any 7 effect of a drug shall be deemed to be false if such represen8 tation is not supported by demonstrable scientific facts or 9 substantial medical or scientific opinion ". 74TH CONGRESS) S. 5 AMENDMENT Proposed by Mr. MCKELLAR to the bill (S. 5) MARCH 18 (calendar day, APRIL 4), 1935 Ordered to lie on the table and to be printed |