1939 CONGRESSIONAL RECORD-SENATE sidered, ordered to a third reading, read the third time, and passed. TIME CREDITS FOR SUBSTITUTES IN PNEUMATIC-TUBE SERVICE The bill (H. R. 4772) to provide time credits for substitutes in the pneumatic-tube service was considered, ordered to a third reading, read the third time, and passed. DIFFERENTIAL IN PAY FOR NIGHT WORK OF PNEUMATIC-TUBESYSTEM POSTAL EMPLOYEES The bill (H. R. 4785) to provide a differential in pay for night work to pneumatic-tube-system employees in the Postal Service was considered, ordered to a third reading, read the third time, and passed. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT The Senate proceeded to consider the bill (H. R. 5762) to provide for temporary postponement of the operations of certain provisions of the Federal Food, Drug, and Cosmetic Act, which had been reported from the Committee on Commerce with amendments. The first amendment of the Committee on Commerce was, in section 1, page 2, after line 7, to insert "Provided, That persons who not later than December 1, 1939, notify the Secretary by afidavit, setting forth the facts, that compliance on January 1, 1940, with the labeling provisions enumerated in this subsection would be unduly burdensome and that the public interest is being adequately served, shall, as a matter of right, be exempted from compliance therewith until July 1, 1940", so as to make the section read: Be it enacted, etc., That (a) the effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402 (c): 403 (e) (1): 403 (g). (h). (1), (j), and (k); 501 (a) (4); 502 (b), (d), (e), (1), (g). and (h); 601 (e); and 602 (b). (b) The Secretary of Agriculture is hereby authorized further to postpone the effective date of the following labeling provisions of the Federal Food, Drug, and Cosmetic Act: Sections 403 (e) (1); 403 (g). (h). (i), (j), and (k); 502 (b), (d), (e), (f), (g), and (h): and 602 (b) to the extent that the operation of such provisions would be unduly burdensome by reason of the cost of compliance therewith, but only insofar as such postponement will not prevent the public interest being adequately served: Provided. That persons who not later than December 1, 1939, notify the Secretary by afidavit, setting forth the facts, that compliance on January 1, 1940, with the labeling provisions enumerated in this subsection would be unduly burdensome and that the public interest is being adequately served, shall, as a matter of right, be exempted from compliance therewith until July 1, 1940. The authority granted to the Secretary under this subsection shall not, in any case, be exercised (1) to postpone the effective date of any such provision beyor.d July 1, 1940, or (2) with respect to labeling which was lithographed, etched, stamped, printed, or otherwise manufactured after Feruary 1, 1939. No postponement shall be made under this subsection with respect to labeling which would not have complied with the requirements of the Food and Drugs Act of June 30, 1906, as amended. The amendment was agreed to. The next amendment was, in section 3, page 4, line 1, after the word "thereof", to strike out “name” and insert "name,", so as to make the section read: SEC. 3. Section 502 (d) of the Federal Food, Drug, and Cosmetic Act is hereby amended by striking out the words "name, quantity, and percentage" where they appear therein and substituting in lieu thereof "name, and quantity or proportion." The amendment was agreed to. The amendments were ordered to be engrossed and the bill to be read a third time. The bill was read the third time and passed. CHARITABLE CONTRICUTIONS BY NATIONAL BANKING ASSOCIATIONS The bill (S. 1964) to amend section 5136 of the Revised Statutes, as amended, to authorize charitable contributions by national banking associations was announced as next in order. Mr. McNARY. Mr. President, I desire an explanation of the bill. In the absence of an explanation, I ask that it go over. The PRESIDING OFFICER. The bill will be passed over. Mr. KING subsequently said: Mr. President, my dictinguished friend the Senator from Oregon Mr. McNARY] asked that if no explanation were made of Senate bill 1964, it be passed over. I have just asked him if I might recur 5113 to that bill; and I ask unanimous consent that I may do' so, in order to make a very brief explanation of the bill. The PRESIDING OFFICER. Without objection, the bill is recurred to. Mr. KING. Under the present law, directors of banks may not, even though they and the stockholders so desire, make contributions for community or charitable purposes. They are absolutely prohibited from doing so. The bill merely authorizes them to make such contributions if the directors desire to make the contributions. Mr. VANDENBERG. Mr. President, the Senator does not mean that the directors are prohibited from making contributions. He means that they are prohibited from making corporate contributions. Mr. KING. I think the individuals themselves are prohibited from doing so. Mr. VANDENBERG. I never heard that directors of a bank individually were not at liberty to make such contributions. Mr. KING. At any rate, the bill proposes to amend the present law so as to provide that a national banking association may Contribute to community funds, or to charitable, philanthropic, or benevolent instrumentalities conducive to public welfare, such sums as its board of directors may deem expedient and in the interests of the association, if it is located in a State the laws of which permit State banking institutions to contribute to such funds or instrumentalities. Mr. VANDENBERG. Evidently the present law covers only institutional contributions. Mr. KING. I have no interest in the matter. Mr. BARKLEY. The restriction applies to the bank itself. Under the present law the bank may not make such contributions. The directors or officers may do so. Mr. KING. The Senator from New York [Mr. WAGNER] has made a favorable report on the bill. Mr. GEORGE. Mr. President, I object to the consideration of the bill. I can see no reason for its enactment. Mr. KING. Very well. The PRESIDING OFFICER. The bill will be passed over on objection of the Senator from Georgia. AMENDMENT OF FEDERAL RESERVE ACT The Senate proceeded to consider the bill (S. 1701) to amend section 12B of the Federal Reserve Act, as amended, which had been reported from the Committee on Banking and Currency with an amendment to strike out all after the enacting clause and to insert: That the first proviso of paragraph (7) of subsection (1) of section 12B of the Federal Reserve Act, as amended, is amended by inserting after the words "with respect to any bank which closes after the date this paragraph as amended takes effect" the words "or which was reorganized subsequent to March 9, 1933, and closed subsequent to January 1, 1938." Mr. BARKLEY. Mr. President, I should like to have an explanation of the bill. Mr. NYE. Mr. President, the report made on the bill from the Committee on Banking and Currency by the Senator from Virginia [Mr. GLASS] is very brief. A single paragraph makes very clear the purpose of the bill: The cfect of this amendment will be to require the Federal Deposit Insurance Corporation to waive any claim for stockholders' liability against the stockholders in a reorganized bank which had closed prior to the effective date of the first amendment requiring such waivers (May 25, 1938). The reason for extending the exception to a period prior to such effective date in the case of a recrganized bank is that upon the reorganization of a bank which closed shortly before our amendment the depositors had been persuaded to utilize a portion of their deposits for the purpose of furnishing capital to the bank. Thereby they became stockholders, and unless the now uniform waiver rule is extended to them they will be compelled to pay to the Insurance Corporation as stockholders the amount they had once sacrificed as depositors in order to reorganize the bank. Mr. BARKLEY. I have no objection to the bill. The PRESIDING OFFICER. The question is on agreeing to the amendment reported by the committee. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. 1939 CONGRESSIONAL RECORD-HOUSE The SPEAKER. Is there objection to the request of the gentleman from Puerto Rico? There was no objection. DETENTION OF CERTAIN ALIENS Mr. HOBBS. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the state of the Union for the consideration of the bill (H. R. 5643) to invest the circuit courts of appeals of the United States with original and exclusive jurisdiction to review the order of detention of any alien ordered deported from the United States whose deportation or departure from the United States otherwise is not effectuated within 90 days after the date the warrant of deportation shall have become final; to authorize such detention orders in certain cases; to provide places for such detention; and for other purposes. Mr. CELLER. Mr. Speaker, I make the point of order there is not a quorum present. The SPEAKER. Evidently there is not a quorum present. The Clerk called the roll, and the following Members failed to answer to their names: The SPEAKER. Three hundred and fifty-nine Members have answered to their names. A quorum is present. Mr. HOBBS. Mr. Speaker, I move to dispense with further proceedings under the call. The motion was agreed to. FEDERAL FOOD, DRUG, AND COSMETIC ACT Mr. PATRICK. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H. R. 5762) to provide for temporary postponement of the operations of certain provisions of the Federal Food, Drug, and Cosmetic Act, with Senate amendments, disagree to the Senate amendments, and ask for a conference. The Clerk read the title of the bill. The SPEAKER. Is there objection to the request of the gentleman from Alabama? [After a pause.] The Chair hears none, and appoints the following conferees: Messrs. LEE, CHAPMAN, and MAPES. DETENTION, OF CERTAIN ALIENS PENDING GRANT OF PASSPORTS OR OTHER DEPARTURE ARRANGEMENTS The SPEAKER. The question is on the motion of the gentleman from Alabama [Mr. HOEBS] that the House resolve itself into the Committee of the Whole House on the state of the Union for the consideration of H. R. 5643. The motion was agreed to. Accordingly the House resolved itself into the Committee of the Whole House on the state of the Union for the consideration of the bill H. R. 5643, with Mr. THOMASON in the chair. The Clerk read the title of the bill. The CHAIRMAN. Without objection, the first reading of the bill will be dispensed with. There was no objection. Mr. CELLER. Mr. Chairman, I yield to the gentleman from Oklahoma [Mr. MASSINGALE] 10 minutes. Mr. MASSINGALE. Mr. Chairman, I want to speak for a few minutes on what is known as the Hobbs bill, which we are now considering, H. R. 5643, and to give my views as clearly as I can on this piece of legislation. 5161 I believe that the bill, though drawn by a gentleman of splendid legal attainments, is unconstitutional. I think it is an unfortunate bill to be presented to this House under existing conditions. I believe nobody would gainsay the fact that under ordinary procedure followed in the courts of America, there are just two methods prescribed for bringing a man to court on a criminal charge. One is by presentment on information and the other is by indictment by a grand jury. There are no other summary remedies or procedures by which a man can be tried, convicted, and incarcerated, that I know anything about. This bill endeavors to authorize the imprisonment of certain classes of aliens for indeterminate and indefinite terms without any law authorizing such to be done. My contention is that this act would be unconstitutional because it denies to the persons who may be involved the equal operation of the public laws of this country. It is unconstitutional further, in my judgment, because it does not operate with any degree of uniformity whatever. It is further unconstitutional by reason of its uncertainty, in that the punishment that might be inflicted under this law, if it should become a law, would not operate alike to any two men charged with the violation of the same law, unless they might happen to come from the same foreign jurisdiction. The right to deport an alien does not include any right of indefinite imprisonment under the guise of waiting an opportunity for deportation. That has been expressly held by the courts of this country. This bill does not define any crime or does not define it to be a crime against the laws of the United States for a man to reside here after he is subject to deportation or after an order of deportation has been entered against him by the Secretary of Labor. This bill, if it should be enacted into law, places a higher responsibility, authority, and jurisdiction on the Secretary of Labor than it does in the courts of the country. Briefly speaking, this bill means nothing more nor less than this: If the Secretary of Labor should conclude that a person ought to be deported for violation of some rule or law of the Government of the United States, she shall have the right to put that man in prison, in a stockade, in a detention camp somewhere to be established in the United States, for how long a time? Until such time as he can get his travel papers or his passport from the country whence he came, and you do not know how long he is going to remain in jail. I will give you a little illustration of the operation of the bill, as I understand it. I do not like to come here and oppose a bill from my own committee, especially when proposed by so eminent a gentleman as the author of this bill, but I cannot vote for a bill of this kind. What little legal learning I possess absolutely forbids that I surrender what I regard as an American right and adopt some Hitlerism philosophy, and transplant it over here to govern us in this country. That is what this means. I want to give you an illustration of how, according to my judgment, the bill might not operate with any degree of uniformity on two fellows deported for the same offense. Suppose one of those men was a citizen of Great Britain at that time. Under this bill, whenever the passport arrived from Great Britain, we can deport that fellow, found guilty of a violation of some of the immigration laws of this country, and he may not be here 60 or 90 days, just a reasonable time, in order that he might be deported. But suppose that the fellow was a citizen of Czechoslovakia, He had as much right to come into the United States as a citizen of Great Britain, but there is no Czechoslovakia any more. There is nobody there to issue him a passport to go back home, unless he can get it out of Hitler. Now, what happens? Suppose he can never get his travel papers from Czechoslovakia or from any ruler or dictator who has seized that country; what does it mean? Under the terms of this bill it simply means that the Secretary of Labor has the right, simply as a Department head of the Government of the United States, to keep that poor devil in the penitentiary or in a stockade or in a detention camp, whatever you call it, so long as he lives. [Applause). [Here the gavel fell.] 5198 CONGRESSIONAL RECORD-SENATE The legislative clerk called the roll, and the following Senators answered to their names: Mr. MINTON. I announce that the Senator from Indiana [Mr. VAN NUYS] is detained from the Senate because of illness. The Senator from South Carolina [Mr. SMITH] is absent because of illness in his family. The Senator from Michigan [Mr. BROWN), the Senator from Colorado [Mr. JOHNSON], and the Senator from West Virginia [Mr. NEELY] are detained on important public business. Mr. AUSTIN. I announce that the Senator from Massachusetts [Mr. LODGE] is absent on official business. The VICE PRESIDENT. Eighty-six Senators have answered to their names. A quorum is present. VISIT TO THE SENATE OF THE PRESIDENT OF NICARAGUA The VICE PRESIDENT, The Chair desires to make a statement to the Senate. Some days ago the State Department, through Secretary Hull, advised the Vice President that the President of Nicaragua is in this country and would be glad to visit the Chamber of the Senate, and suggested that, if agreeable to the Senate, today might be an appropriate opportunity. The Chair understands that arrangements have been made for the President of Nicaragua to visit the Chamber, if agreeable to the Senate, at 12:15 o'clock. The Chair makes that statement for the information of the Senate. Mr. BARKLEY. Mr. President, I ask unanimous consent that at the hour of 12:15 o'clock p. m. the Senate stand in recess, subject to the call of the Chair, and that the Chair appoint a committee of three Senators to wait upon and receive the President of Nicaragua and escort him into the Chamber. The VICE PRESIDENT. Is there objection to the request of the Senator from Kentucky? The Chair hears none, and the Chair appoints the Senator from Kentucky [Mr. BARKLEY), the Senator from Nevada [Mr. PITTMAN), and the Senator from Oregon [Mr. McNARY] as the committee to receive and escort the President of Nicaragua into the Senate Chamber. MESSAGE FROM THE HOUSE DURING ADJOURNMENT-ENROLLED BILLS SIGNED Under authority of the order of the 4th instant, The following message was received by the Secretary from the House of Representatives on May 5, 1939: That the Speaker had affixed his signature to the following enrolled bills, and they were signed by the Vice President: S. 70. An act to amend section 90 of the Judicial Code, as amended, with respect to the terms of the Federal District Court for the Northern District of Mississippi; S. 270. An act for the relief of Lofts & Son; and S. 1038. An act for the relief of L. M. Bell and M. M. Bell MESSAGE FROM THE HOUSE A message from the House of Representatives, by Mr. Calloway, one of its reading clerks, announced that the House had passed without amendment the joint resolution (S. J. Res. 111) designating August 19 of each year as National Aviation Day. MAY 8 The message also announced that the House had agreed to the amendments of the Senate to each of the following bills of the House: H. R. 3230. An act to amend the statutes providing punishment for transmitting threatening communications; and H. R. 3812. An act granting postal employees credit for Saturday in annual and sick-leave law, thereby conforming to the 40-hour workweek or 5-day-week law. The message further announced that the House had disagreed to the amendments of the Senate to the bill (H. R. 5762) to provide for temporary postponement of the operations of certain provisions of the Federal Food, Drug, and Cosmetic Act, asked a conference with the Senate on the disagreeing votes of the two Houses thereon, and that Mr.. LEA, Mr. CHAPMAN, and Mr. MAPES were appointed managers on the part of the House at the conference. The message also announced that the House had passed the following bills, in which it requested the concurrence of the Senate: H. R. 4997. An act giving the consent and approval of Congress to the Rio Grande compact signed at Santa Fe, N. Mex., on March 18, 1938; and H. R. 5643. An act to invest the circuit courts of appeals of the United States with original and exclusive jurisdiction to review the order of detention of any alien ordered deported from the United States whose deportation or departure from the United States otherwise is not effectuated within 90 days after the date the warrant of deportation shall have become final; to authorize such detention orders in certain cases; to provide places for such detention; and for other purposes. ENROLLED BILLS AND JOINT RESOLUTION SIGNED The message further announced that the Speaker had affixed his signature to the following enrolled bills and joint resolution, and they were signed by the Vice President: S. 752. An act to amend section 78 of the Judicial Code, relating to the district of Idaho; H. R. 1694. An act for the relief of Bozzani Motors, Ltd.; H. R. 2529. An act for the relief of W. F. Towson; H. R. 3230. An act to amend the statutes providing punishment for transmitting threatening communications; H. R. 3231. An act to authorize the mailing of pistols, revolvers, and other firearms capable of being concealed on the person, to officers of the Coast Guard; H. R. 3587. An act to authorize the Secretary of War to exchange obsolete, unsuitable, and unserviceable machines and tools pertaining to the manufacture or repair of ordnance matériel for new machines and tools; H. R. 3811. An act to provide for the appraisal of the pneumatic-mail-tube systems in New York and Boston; H. R. 3312. An act granting postal employees credit for Saturday in annual and sick leave law, thereby conforming to the 40-hour workweek or 5-day-week law; H. R. 4087. An act to amend an act entitled "An act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended by the act of June 4, 1920, so as to confer on the commanding general, General Headquarters Air Force, the same retirement privileges now enjoyed by chiefs of branches; H. R. 4771. An act limiting working hours of pneumatictube-system employees to 8 in 10 hours a day; H. R. 4772. An act to provide time credits for substitutes in the pneumatic-tube service; H. R. 4785. An act to provide a differential in pay for night work to pneumatic-tube-system employees in the Postal Service; H. R. 4786. An act to extend the provisions of the 40-hour law to pneumatic-tube-system employees in the Postal Service; H. R. 4852. Án act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1940, and for other purposes; and H. J. Res. 241. Joint resolution providing for the participation of the United States in the celebration of the one hun 1939 CONGRESSIONAL RECORD-SENATE dred and fiftieth anniversary of the establishment of the United States Lighthouse Service. RELIEF OF DISBURSING OFFICERS IN THE NAVY The VICE PRESIDENT laid before the Senate a letter from the Secretary of the Navy, reporting, pursuant to law, relative to the relief from responsibility of certain disbursing officers of the Navy on account of losses sustained, which was referred to the Committee on Naval Affairs. MINERAL LANDS, WAR CR NAVY DEPARTMENTS The VICE PRESIDENT laid before the Senate a letter from the Secretary of the Interior, transmitting a draft of proposed legislation to provide for the leasing, development, and production under the act of February 25, 1920 (41 Stat. 437), as amended, of deposits of coal, phosphate, scdium, potassium, oil, oil shale, or gas in lands owned by the United States under the jurisdiction of the War or Navy Departments, and for other purposes, which with the accompanying paper, was referred to the Committee on Public Lands and Surveys. REGULATION OF TRAFFIC IN FOOD, DRUGS, AND COSMETICS The VICE PRESIDENT laid before the Senate the action of the House of Representatives disagreeing to the amendments of the Senate to the bill (H. R. 5762) to provide for temporary postponement of the operaticns of certain provisions of the Federal Food, Drug, and Cosmetic Act, and requesting a conference with the Senate on the disagreeing votes of the two Houses thereon. Mr. BAILEY. I move that the Senate insist upon its amendments, agree to the request of the Hcuse for a conference, and that the Chair appoint the conferees on the part of the Senate. The motion was agreed to; and the Vice President appointed Mr. CLARK of Missouri, Mr. PEPPER, and Mr. McNARY conferees on the part of the Senate. PETITIONS AND MEMORIALS The VICE PRESIDENT laid before the Senate a resolution of the Senate of the State of New York, favoring the enactment of the so-called Wagner-Rogers bill, to permit entrance into this country in the next 2 years of 20,000 children from families in Germany, which was referred to the Committee on Immigration. (See resolution printed in full when presented today by Mr. WAGNER.) The VICE PRESIDENT also laid before the Senate a concurrent resolution of the Legislature of New York stating that the postage rates on books proclaimed by the President on Cctober 31, 1938, are in the public interest and should be perpetuated, and also that Congress should immediately amend the postal laws so as to provide that henceforth the rates proclaimed shall apply to books in the same manner as the rates with reference to newspaper and magazines, which was referred to the Committee on Post Offices and Post Roads. (See resolution printed in full when presented today by Mr. WAGNER.) The VICE PRESIDENT also laid before the Senate a concurrent resolution of the Legislature of the State of New York, favoring the enactment of legislation to provide that certain States may avail themselves of their failure to take full advantage of the credit provisions of the Social Security Act for the years 1936 or 1937, which was referred to the Committee on Finance. (See resolution printed in full when presented today by Mr. WAGNER.) The VICE PRESIDENT also laid before the Senate the petition of Acme Local, No. 1136, of Hettinger County, N. Dak., praying for the enactment of legislation appropriating $250,000,000 for parity benefit payments to farmers, which was referred to the Committee on Agriculture and Forestry. He also laid before the Senate a letter in the nature of a memorial from the International Conference for the Investigation of Vivisection, remonstrating against additional apLXXXIV-329 5199 propriations for the New York World's Fair, which was referred to the Committee on Appropriations. He also laid before the Senate a resolution of the City Council of Chicago, Ill., favoring reduction in the interest rate and an extension of the period of amortization of all home owners' loans, which was referred to the Committee on Banking and Currency. He also laid before the Senate petitions of the United Federal Workers of America, Local No. 2, of Washington, D. C., and Local No. 47, of New York City, N. Y., favoring the enactment of Senate bill 1314, providing for appeals procedure in the Federal Civil Service, which were referred to the Committee on Civil Service. He also laid before the Senate resolutions of the West Virginia Osteopathic Society and the Delaware State Osteopathic Society, favoring amendment of the so-called Wagner National Health bill (S. 1620), so as to preserve the freedom of choice of the physician and school of practice to persons entitled to medical care, and providing osteopathic representation on Federal and State advisory councils, which were referred to the Committee on Education and Labor. He also laid before the Senate petitions of sundry citizens of Beaver Dam, Wis., praying for the adoption of the so-called Townsend national recovery plan, providing old-age assistance, which were referred to the Committee on Finance. He also laid before the Senate a resolution of the Ninth District Petroleum Industries Committee of Alabama favoring the expiration as of June 30, 1939, of the 4-cent per gallon Federal lubricating oil tax, which was referred to the Committee on Finance. He also laid before the Senate a letter from the president of the Sentinels of the Republic, Washington, D. C., transmitting a statement of the purposes and program of policies of the organization as recently approved by its executive committee, which, with the accompanying paper, was referred to the Committee on the Judiciary. Mr. McNARY. Mr. President, I should like to have noted in the RECORD that I have received 77 petitions signed by about 2,000 citizens favoring the adoption of a resolution now pending, having for its purpose the prevention of trafic in war materials for use against the Chinese people. I ask that the petitions be referred to the Committee on Foreign Relations. The VICE PRESIDENT. The petitions will be received and referred as requested by the Senator from Oregon. Mr. WALSH presented a resolution adopted by the Polish American Citizens Club, at a meeting held at Indian Orchard, Mass., favoring the policies pursued by the United States Government regarding European affairs, which was referred to the Committee on Foreign Relations. He also presented a resolution of the Grand Council of the Grand Lodge of Massachusetts, Order of Sons of Italy in America, Boston, Mass., favoring the adoption by Congress of a joint resolution expressing a spirit of friendship toward all nations and manifesting the desire of the United States to cooperate impartially toward a lasting world peace, etc., which was referred to the Committee on Foreign Relations. Mr. TYDINGS presented a petition of sundry citizens of the State of Maryland, praying for the enactment of pending legislation to admit 10,000 refugee children into the United States per year during a 2-year period, which was referred to the Committee on Immigration. He also (for himself and Mr. RADCLIFFE) presented a memorial of sundry citizens of the State of Maryland, remonstrating against the enactment of House bill 3325, relative to the perpetuation of the stabilization fund and empowering the President to further alter the gold content of the dollar, which was referred to the Committee on Banking and Currency. He also (for himself and Mr. RADCLIFFE) presented a petition of sundry citizens of the State of Maryland, praying for the enactment of neutrality legislation which will give the United States complete protection from any and all embroдment in war and protect lives and properties from the danger 5306 CONGRESSIONAL RECORD-HOUSE I am heartily in favor of the plan. I am submitting the concurrent resolution at this time solely for the purpose of enabling the Senate to have an opportunity to vote upon the matter. It will be my purpose to ask the Reorganization Committee to report the concurrent resolution, and, when it is reported, to ask for its consideration at the earliest possible date, in order that the matter may be disposed of, and that the officials of the executive departments and bureaus affected may know what disposition is to be made of reorganization plan No. II. The concurrent resolution (S. Con. Res. 16) was referred to the Select Committee on Government Organization, as follows: Resolved by the Senate (the House of Representatives concurring), That the Congress does not favor the reorganization plan No. II, transmitted to Congress by the President on May 9, 1939. THE JUDICIARY-HARRY J. LEMLEY Mr. MILLER. Mr. President, as in executive session, I ask unanimous consent that the President be immediately notified of the confirmation of the nomination of Harry J. Lemley to be United States district judge for the eastern and western districts of Arkansas. The nomination was confirmed yesterday. The PRESIDING OFFICER. Is there objection? The PRESIDING OFFICER. The Chair hears none, and the President will be notified. RECESS Mr. BARKLEY. I move that the Senate take a recess until 12 o'clock noon tomorrow. The motion was agreed to; and (at 4 o'clock and 53 minutes p. m.) the Senate took a recess until tomorrow, Wednesday, May 10, 1939, at 12 o'clock meridian. HOUSE OF REPRESENTATIVES TUESDAY, MAY 9, 1939 The House met at 12 o'clock noon. The Chaplain, Rev. James Shera Montgomery, D. D., offered the following prayer: O God of grace, Thou hast overlaid the tokens of Thy power with great gentleness and with great love. Oh, how wonderful is Thy goodness which Thou hast wrought for them that trust in Thee before the sons of men. We beseech Thee to enable us to meet temptation unafraid and unharmed; keep us from all pride, deception of innocence; cleanse Thou us from secret faults. Teach us, O Lord, to be patient and long-suffering. Give us such a sense of humility that we shall rejoice each day that we have so many blessings instead of complaining that we have so few. Heavenly Father, clothe us with fine conceptions of manhood that the ideals of truth, honesty, and purity may grow clearer to us. We praise Thee that Thou dost deal with us in affection and Thy chastisements are for our good. In the name of our Saviour. Amen. The Journal of the proceedings of yesterday was read and approved. MESSAGE FROM THE SENATE A message from the Senate, by Mr. Frazier, its legislative clerk, announced that the Senate insists upon its amendments to the bill (H. R. 5762) entitled "An act to provide for temporary postponement of the operations of certain provisions of the Federal Food, Drug, and Cosmetic Act," disagreed to by the House; agrees to the conference asked by the House on the disagreeing votes of the two Houses thereon, and appoints Mr. CLARK of Missouri, Mr. PEPPER, and Mr. MCNARY to be the conferees on the part of the Senate. The message also announced that the Senate had passed without amendment a joint resolution of the House of the following title: H. J. Res. 221. Joint resolution authorizing the President to invite other nations to participate in the Sacramento Golden MAY 9 Empire Centennial commemorating the one hundredth anniversary of the founding of Sacramento by Capt. John A. Sutter. MESSAGE FROM THE PRESIDENT A message in writing from the President of the United States was communicated to the House by Mr. Latta, one of his secretaries. EXTENSION OF REMARKS Mr. COCHRAN asked and was given permission to revise and extend his own remarks. PERMISSION TO ADDRESS THE HOUSE Mr. COX. Mr. Speaker, I ask unanimous consent to proceed for one-half minute. The SPEAKER. Is there objection to the request of the gentleman from Georgia? There was no objection. Mr. COX. Mr. Speaker, on yesterday the chairman of the Committee on Labor gave notice that on Monday next she would move to suspend the rules and pass amendments reported by her committee to the wage-hour bill. I want to give notice to the House that a vote for that bill will be a vote against the farmers and the small-business men of this country. It will be voting the dictations of Mr. Andrews, the Administrator of the Wage and Hour Division. [Applause.] PAYMENT OF SALARIES OF OFFICERS AND EMPLOYEES OF CONGRESS Mr. WARREN. Mr. Speaker, from the Committee on Accounts, I offer a joint resolution (H. J. Res. 280) authorizing the payment of salaries of the officers and employees of Congress on the first workday preceding the last day of any month when the last day falls on Sunday or a legal holiday, and ask unanimous consent for its immediate consideration. The Clerk read the joint resolution, as follows: House Joint Resolution 280 Resolved, etc., That the joint resolution entitled "Joint resolution authorizing the payment of salaries of officers and employees of Congress for December on the 20th day of that month each year," approved May 21, 1937, is amended by adding at the end thereof a new section, as follows: "SEC. 2. The Secretary of the Senate and the Clerk of the House of Representatives are authorized and directed to pay to the oficers and employees of the Senate and House of Representatives, including the Capitol Police and Office of Legislative Counsel, and employees paid on voucher under authority of resolutions, their respective salaries on the first workday preceding the last day of any month (except the month of December) when the last day of such month falls on a Sunday or a legal holiday." The SPEAKER. Is there objection to the request of the gentleman from North Carolina? Mr. MARTIN of Massachusetts. Mr. Speaker, reserving the right to object, do I understand the gentleman asks that this may have a privileged status? Mr. WARREN. No; this is not the matter the gentleman has in mind. This does not cost anybody anything. The SPEAKER. Is there objection to the request of the gentleman from North Carolina? There was no objection. The joint resolution was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. PERMISSION TO ADDRESS THE HOUSE Mr. WARREN. Mr. Speaker, I ask unanimous consent that I may proceed for about 2 minutes preparatory to asking for a unanimous-consent agreement. The SPEAKER. Is there objection to the request of the gentleman from North Carolina? There was no objection. Mr. WARREN. Mr. Speaker, I would like to have the attention of the gentleman from Texas [Mr. RAYBURN), although I know how he feels about this, and also the gentleman from Massachusetts [Mr. MARTIN). Mr. Speaker, from the Committee on Accounts I am today reporting by unanimous vote of that committee the bill (H. R. 6205) to provide for additional clerk hire in the House of Representatives, and for other purposes, without recommendation. |