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1948

CONGRESSIONAL RECORD-SENATE

bursement; to the Committee on Foreign Relations.

By Mr. CAIN (for himself and Mr.
MAGNUSON):

S. J. Res. 216. Joint resolution to authorize the cancellation and release and satisfaction of an agreement dated December 31, 1923, entered into between the port of Seattle and the United States of America, represented by the United States Shipping Board, acting through the United States Shipping Board Emergency Fleet Corporation; to the Committee on Interstate and Foreign Commerce. FRESERVATION OF AMERICAN CITIZENSHIP FOR CERTAIN PUERTO RICANS

Mr. CORDON. Mr. President, I ask unanimous consent to introduce for appropriate reference a bill for the purpose of saving for certain citizens of Puerto Rico who find it necessary to leave Puerto Rico and be in foreign lands for a period of more than 5 years the citizenship which was conferred upon them by this Government in 1917.

In connection therewith I request that a brief statement which I have prepared relating to this subject be printed in the RECORD.

The PRESIDENT pro tempore. Without objection, the bill will be received and appropriately referred, and, without objection, the statement will be printed in the RECORD.

There being no objection, the bill (S. 2675) to amend the Organic Act of Puerto Rico, introduced by Mr. CORDON, was received, read twice by its title, and referred to the Committee on Interior and Insular Affairs.

The statement submitted by Mr. CORDON was ordered to be printed in the RECORD, as follows:

Mr. President, I am introducing for consideration by the Senate a bill which would prevent certain American citizens in Puerto Rico from losing their citizenship. Under section 404 (c) of the Nationality Act of 1940, a person who has become a national by naturalization loses his nationality by residing continuously for 5 years in any foreign state, with certain exceptions.

As you know, Mr. President, the United States acquired Puerto Rico as a result of the In 1900 the ConSpanish-American War. gress gave the island a temporary civil government. This was under the terms of the Foraker Act.

Thus, all inhabitants who were Spanish subjects on April 11, 1899, and who continued to reside in Puerto Rico were declared to be citizens of Puerto Rico unless they elected to preserve their allegiance to the Spanish Crown. Under the Organic Act given to Puerto Rico in 1917, these people were declared citizens of the United States.

So we see that all Puerto Rico American citizens who were Spanish subjects on April 11, 1899, acquired citizenship in 1917 by process of collective naturalization. These people are naturalized American citizens within the concepts of the law.

I find it difficult to believe that when Congress enacted the Nationality Act of 1940, it intended to take away the citizenship, which it was so generous in giving, from Puerto Ricans affected by the law-those who found it necessary to reside in a foreign country for five continuous years.

We know, Mr. President, that Puerto Rico's vast population is splashing over the sides of the tiny island. By and large, Puerto Rico is poor in opportunity. Many in the islandmostly of the middle class-have found that because of their bilingual skills, Spanish and English, there are attractive employment and business opportunities within countries in Latin America.

The Nationality Act of 1940 requires that Puerto Ricans who gained citizenship by the process of collective naturalization, which I have described, must return to American soil once within each 5-year period if they are to remain full-fledged Americans within the meaning of the law. These people are Americans, and they wish to remain so, and they do return from foreign lands so as to preserve their status, but oftentimes at great hardship, financially and otherwise. It seems unrealistic and arbitrary, Mr. Pres!dent, that they be required to do so.

The Eightieth Congress has been generous to Puerto Rico. It has given them the first measure of greater self-government since 1917. It gave them the first change in the Organic Act. New Deal controlled Congresses, with all of their liberal claims, failed to take a single step toward granting more liberal home rule for Puerto Rico.

In November, Puerto Rico for the first time will elect a governor. This was made possible by an act of this Congress during its first session. The senior Senator from Nebraska has pending before this body a bill which would permit the Puerto Rico Legislature to fix the salaries of public officials in the island.

We are giving these people greater responsibility at home. In 1917 we made them citizens of the United States. If they are to be citizens at all, let us make them full citizens. PROHIBITION OF SEGREGATION IN

DISTRICT PUBLIC SCHOOLS

Mr. TAYLOR. Mr. President, I believe racial segregation to be a part of the trappings of one of the most viciously un-American activities being practiced in America today, the denial of full civil rights to a large segment of our population. I ask unanimous consent to introduce for appropriate reference a bill, a companion measure to House bill 4688, introduced by Representative ARTHUR G. KLEIN, of New York, which would direct the District of Columbia Board of Education to permit no segregation of persons in the public schools of the District of Columbia because of race, color, creed, national origin, or ancestry.

Mr. President, the recent action of Dr. William Jansen, New York superintendent of schools, in canceling a trip to Washington by 51 outstanding New York school boys, has pointed out the problem anew. Those boys had been selected because they were outstanding in safety patrol work. Four of their number were Negroes. Superintendent Jansen found that, if he took his boys to the Nation's Capital, they would be subjected to segregation.

They could not eat in the same public restaurants. They could not be put up at the same hotels. He apparently decided that it would not be an inspiring demonstration in American democracy, and so the trip was canceled.

Dr. Jansen's decision was the only one possible for any official who believes that the Constitution and American principles mean what they say.

I should like to make it possible for Americans to hold their heads high and act like Americans at least in their Nation's Capital. Further I should like to make this possible throughout our great land, but surely we must start in the show place of the United States-at the very seat of our Government.

There being no objection, the bill (S. 2682) to prohibit the segregation of persons in the public schools of the District of Columbia on account of race, color,

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creed, national origin, or ancestry, introduced by Mr. TAYLOR, was received, read twice by its title, and referred to the Committee on the District of Columbia. EXTENSION OF AUTHORITY FOR INVESTIGATION OF MMIGRATION SYSTEM

Mr. REVERCOMB submitted the following resolution (S. Res. 236), which was referred to the Committee on the Judiciary:

Resolved, That the authority of the Committee on the Judiciary, or any duly authorized subcommittee thereof, under Senate Resolution 137, of the Eightieth Congress, agreed to July 26, 1947 (providing for a full and complete investigation of our entire immigration system), is hereby continued until March 1, 1949, and the limit of expenditures under such resolution is hereby increased by $50,000.

DEPARTMENT OF ARMY CIVIL FUNCTIONS APPROPRIATIONS AMENDMENT

Mr. MAGNUSON submitted an amendment intended to be proposed by him to the bill (H. R. 5524) making appropriations for civil functions administered by the Department of the Army for the fiscal year ending June 30, 1949, and for other purposes, which was ordered to lie on the table and to be printed, as follows:

On page 7, line 18, to strike out "8195,084,400" and insert "$198,384,400." AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT-AMENDMENTS Mr. MOORE submitted amendments intended to be proposed by him to the bill (H. R. 4071) to amend sections 301 (k) and 304 (a) of the Federal Food, Drug, and Cosmetic Act, as amended, which were ordered to lie on the table and to be printed.

CONTRACT SETTLEMENT ACT OF 1944AMENDMENT

Mr. ECTON (for himself and Mr. FULBRIGHT) submitted an amendment in the nature of a substitute intended to be proposed by them to the bill (H. R. 5040) to amend the Contract Settlement Act of 1944, to provide that claims under section 17 must be filed within 6 months to be allowable, to stop further accrual of such claims, and for other purposes. which was referred to the Committee on the Judiciary, and ordered to be printed. PROTECTION OF LIFE AND PROPERTY, ETC., IN MIDDLE RIO GRANDE VALLEY, N. MEX-AMENDMENT

Mr. HATCH (for himself and Mr. CHAVEZ) Submitted an amendment in the nature of a substitute intended to be proposed by them, jointly, to the bill (8. 2571) to authorize the protection of life and property, water conservation, and the comprehensive reclamation of land in the Middle Rio Grande Valley in New Mexico, by flood control, irrigation, sediment detention, drainage, and other activities; to provide for the financial rehabilitation of the Middle Rio Grande Conservancy District, and for other purposes which was referred to the Committee on Public Works, and ordered to be printed.

CHANGE OF REFERENCE

On motion by Mr. GURNEY, and by unanimous consent the Committee on Armed Services was discharged from the

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Arst class weighing in excess of 8 ounces shall be the rate provided for air parcels but in no case shall be less than 3 cents an ounce or fraction thereof."

SEC. 4. This act shall take effect on the first day of the third month following the month of enactment.

BILL AND JOINT RESOLUTION PASSED

OVER

The bill (S. 2285) relating to the fixing of wage rates for employees in navy yards, was anounced as next in order. Mr. GURNEY. Over.

The ACTING PRESIDENT pro tempore. The bill will be passed over.

The joint resolution (S. J. Res. 76) proposing an amendment to the Constitution of the United States relative to equal rights for men and women, was announced as next in order.

Mr. RUSSELL. Over.

The ACTING PRESIDENT pro tempore. The joint resolution will be passed

over.

AMENDMENT OF FOOD, DRUG, AND COSMETIC ACT

The bill (H. R. 4071) to amend sections 301 (k) and 304 (a) of the Federal Food, Drug, and Cosmetic Act, amended, was announced as next in order.

Mr. WHERRY.

Over.

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Mr. MOORE. Mr. President, will the Senator withhold his objection for a moment?

Mr. WHERRY. I may say to the distinguished Senator from Oklahoma that the senior Senator from Nebraska [Mr. BUTLER] has now returned to the floor, and he is the Senator who asked me to object to the bill. It is up to the senior Senator from Nebraska as to whether the objection shall stand.

The ACTING PRESIDENT pro tempore. Does the junior Senator from Nebraska withdraw his objection?

Mr. WHERRY. I withdraw the obJection.

Mr. MOORE. Mr. President, I should like to make a statement about the bill. The bill is a measure to amend the Pure Food and Drug Act. Heretofore, I asked that the bill go over, as I think other Senators did also. I have lying on the desk an amendment which I propose to offer to the bill, and if it is in order, I should like to offer it now.

The ACTING PRESIDENT pro tempore. Is there objection to the consideration of the bill?

There being no objection, the Senate proceeded to consider the bill.

The ACTING PRESIDENT pro tempore. It is in order for the Senator from Oklahoma to offer his amendment.

Mr. MOORE. I offer the amendment and ask that it be stated.

The ACTING PRESIDENT pro tempore. The clerk will state the amendment of the Senator from Oklahoma.

The CHIEF CLERK. It is proposed to add a new section at the end of the bill, as follows:

SEC. 3. Subsection (a) of section 303 of such ect, as amended (21 U. 8. C., 333 (a)). 18 amended by inserting after the words "Any person who" the following: "willfully or as a result of gross negligence."

The ACTING PRESIDENT pro tempore. The question is on agreeing to the

amendment offered by the Senator from Oklahoma [Mr. MOORE).

Mr. McMAHON. Mr. President, I should like to be heard on the amendment very briefly.

The ACTING PRESIDENT pro tempore. The Senator from Connecticut is recognized for 5 minutes.

Mr. MCMAHON. The last time the calendar was called I endeavored to explain to the Senate the very great need for this amendment to the pure food and drug law. Because this provision is not on the statute books, the Pure Food and Drug Administration say that abcut 20 tons of contaminated, rat-infested food is being distributed to the American public every day. The Pure Food and Drug Administration finds itself in this dilemma because of a decision of the Supreme Court, which held that the Pure Food and Drug Administration did not have the right, after rodent-infested food had left interstate commerce and had come to rest in a warehouse, to seize it.

There is an objection to the bill on behalf of the Senator from Oklahoma based on the ground that the Government should not be able to prosecute under the Pure Food and Drug Act unless it can prove willful intent.

Mr. MOORE. Or gross negligence. Mr. MCMAHON. Or gross negligence; the Senator corrects me.

Under the act as it is now written, as it relates to seizures in interstate commerce, it is not necessary to prove intent or gross negligence. I am told by the Pure Food and Drug Administration that the addition of this amendment requiring the proof of intent or proof of gross negligence would pretty effectively destroy the enforcement of the law.

I know that there is always a careful scrutiny of any statute in which penalties follow simple proof of the fact that a thing has been done, but I have investigated the Federal statutes to some extent, and I have a memorandum of at least six Federal statutes in which proof of intent or gross negligence is not required.

I therefore feel that the Pure Food and Drug Administration know what they are talking about, and, incidentally, they are endorsed in their position by the Wholesale Grocers' Association, by the Wholesale Druggists' Association, and by manufacturing druggists and manufacturing grocers of the United States.

I point out to the Senate that the bill covers not only the right of seizure of ratinfested food, but covers also drugs which may, if not properly prepared, result in death, the various sulfa drugs, penicillin that is not prepared correctly, and the like. The American public now find themselves in a very precarious position because Congress has not passed this proposed legislation. It should be passed and the amendment, which would deprive the Pure Food and Drug Administration of the power to do the job, should be defeated.

The ACTING PRESIDENT pro tempore. The question is on agreeing to the amendment of the Senator from Oklahoma.

Mr. MOORE. Mr. President, inasmuch as the Senator from Connecticut

JUNE 1

objects, of course, the Benate cannot act on the amendment.

The ACTING PRESIDENT pro tempore. The Chair understands the Benator from Connecticut is not objecting to the bill.

Mr. MOORE. He is objecting to the amendment.

The ACTING PRESIDENT pro tempore. The question is on the adoption of the amendment of the Senator from Oklahoma, and that is not a matter of unanimous consent.

Mr. MOORE. I move its adoption.

The ACTING PRESIDENT pro tempore. The question is on agreeing to the amendment of the Senator from Oklahoma. (Putting the question.) The ayes appear to have it.

Mr. MCMAHON. I ask for a division. On a division, the amendment was agreed to.

The ACTING PRESIDENT pro tempore. The question is on the engrossment of the amendment and the third reading of the bill.

Mr. MORSE.

Over.

The ACTING PRESIDENT pro tempore. Under objection, the bill will be passed over.

Mr. MORSE subsequently said: Mr. President, I request unanimous consent that the Senate return to consideration of House bill 4071, Calendar No. 1263, the bill to amend certain sections of the Pure Food and Drug Act.

The ACTING PRESIDENT pro tempore. Is there objection?

There being no objection, the Senate resumed the consideration of the bill (H. R. 4071) to amend sections 301 (k) and 304 (a) of the Federal Food, Drug, . and Cosmetic Act, as amended.

Mr. MORSE. Mr. President, I wish to make a brief statement in regard to the bill. I shall withdraw my objection to the bill. I hope that the bill may pass, and that the amendment which was agreed to will be considered in conference, because I think we are dealing in this bill with that class of legislation falling strictly within the terms of malum prohibitum legislation in which the full responsibility, because of the very important public policy involved, should be placed upon the vendor. When we are dealing with the question of the health of the American people, when we recognize that after all, when all is said and done, they are at the mercy of vendors, because the average citizen when he goes into a store does not know, nor has he any way of knowing, whether or not the food he is buying or the drug he is buying contains any contaminated substance-to protect him, then, I think the strict law of malum prohibitum should be applied. I do not think that the vendor should have an out on the ground that he was not aware of negligence, nor that he did not have any willful intent.

There are some things in which the full burden of responsibility should be placed upon the vendor, and when it comes to protecting the health of the American citizen in regard to those things which they buy by way of food or drugs, then I think the responsibility should be clearly upon the vendor. We do it in many other respects, Mr. Presi

1948

.CONGRESSIONAL RECORD-SENATE

dent, when we lay down strict malum prohibitum crimes in this country and say, "You do these acts at your own risk." I say that it is going to be an unfortunate thing if the purchasers of food and drugs in this country are going to have a statute enacted which permits vendors to shift responsibility when there is in fact, contaminated substances in food and drugs. But I appreciate the fact that if my objection stands as to the passage of the bill at all there will be no chance to work toward the goal I seek by way of conference. Therefore I withdraw my objection in the hope that the matter can be cleared up in conference.

L

Mr. BUTLER. Mr. President, I object. The ACTING PRESIDENT pro tempore. Objection is heard.

REGULATION OF MOTORTRUCK RATES
BILLS PASSED OVER

The bill (S. 2216) to amend section 205 of the Interstate Commerce Act, relating to joint boards, was announced as next in order.

Mr. SPARKMAN. Over.

Mr. LANGER. May we have an explanation of the bill?

The ACTING PRESIDENT pro tempore. The bill has been objected to.

Mr. REED. May I inquire who obJected?

The ACTING PRESIDENT pro tempore. The Senator from Alabama obJected.

Mr. REED. Let me say to the Senator from Alabama that this bill relates wholly and only to the question of the regulation of motortruck rates as between the Interstate Commerce Commission on the one hand and State commissions on the other. So far as I know, no one else has any interest in it. The bill was prepared by the State commissions, through their Washington office, and the Interstate Commerce Commission has approved it. There is no possible objection to the bill, so far as I know.

Mr. SPARKMAN. Mr. President, my colleague, the senior Senator from Alabama [Mr. HILL), is absent today, and before leaving he expressed to me the desire that three bills on the calendar, orders No. 1264, No. 1265, and No. 1266, should be passed over until he can be present. I am objecting to these three bills at this time in accordance with his request.

The ACTING PRESIDENT pro tempore. Objection is heard, and the three bills referred to, Senate bill 2216, House bill 2759, and Senate bill 2426, will be passed over.

The bill (H. R. 29) making unlawful the requirement for the payment of a poll tax as a prerequisite to voting in a primary or other election for national officers was announced as next in order. Mr. RUSSELL. Over.

The ACTING PRESIDENT pro tempore. The bill will be passed over.

The bill (H. R. 5992) to confrm and establish the titles of the States to lands beneath navigable waters within State boundaries and natural resources within such lands and waters and to provide for the use and control of said lands and

resources was announced as next in order.

SEVERAL SENATORS. Over.

The ACTING PRESIDENT pro tempore. The bill will be passed over.

COUNTING OF ELECTORAL VOTES

The joint resolution (S. J. Res. 200) proposing an amendment to the Constitution of the United States providing for the election of President and Vice President was announced as next in order.

The ACTING PRESIDENT pro tempore. The Chair asks that this joint resolution go over, because it is a joint resolution proposing an amendment to the Constitution, and it should be taken up as the unfinished business of the Senate. NATIONAL ARCHIVES

The bill (H. R. 3638) to amend section 10 of the act establishing National Archives of the United States Government was announced as next in order.

Mr. LUCAS. May we have a short explanation of the bill?

Mr. LANGER. The bill gives the Archivist the opportunity to buy certain documents for the Archives of the United States which he cannot buy under the present law.

The ACTING PRESIDENT pro tempore. Is there objection to the present consideration of the bill?

There being no objection, the bill was considered, ordered to a third reading. read the third time, and passed. COMMEMORATIVE STAMPS FOR ONE HUNDREDTH ANNIVERSARY OF FOUNDING OF AMERICAN TURNERS SOCIETY The joint resolution (H J. Res. 340) to authorize the issuance of a special series of stamps commemorative of the one hundredth anniversary of the founding of the American Turners Society in the United States was considered, ordered to a third reading, read the third time, and passed.

COMMEMORATIVE STAMPS FOR ONE HUNDREDTH ANNIVERSARY OF FOUNDING OF FORT KEARNEY, NEBR.

The joint resolution (H. J. Res. 341) to authorize the issuance of a special series of stamps cominemorative of the one hundredth anniversary of the founding of Fort Kearney, in the State of Nebraska, was considered, ordered to a third reading, read the third time, and passed. SUSPENSION OF ANNUAL ASSESSMENT

WORK ON MINING CLAIMS The bill (S. 2479) providing for the suspension of annual assessment work on mining claims held by location in the United States was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the provision of section 2324 of the Revised Statutes of the United States, which requires on each mining claim located, and until a patent has been issued therefor, not less than $100 worth of labor to be performed or improvements aggregating such amount to be made each year, be, and the same is hereby, suspended as to all mining claims in the United States, until the hour of 12 o'clock meridian on the 1st day of July 1948: Provided, That every claimant of any such mining claim in order to obtain the benefits of this act shall Ale, or cause to be filed, in the office where the

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location notice or certificate is recorded, on or before 12 o'clock meridian of July 1, 1948, a notice of his desire to hold said mining claim under this act.

ADMINISTRATIVE EXPENSES IN THE POST OFFICE DEPARTMENT

The bill (S. 2510) to provide for certain administrative expenses in the Post Office Department, including retainment of pneumatic-tube systems, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it cnacted, etc., That the provisions of the acts of April 21, 1902; May 27, 1908; and June 19, 1922 (39 U. 8. C. 423), relating to contracts for transmission of mail by pneumatic tubes in New York, N. Y., including the borough of Brooklyn, are hereby amended to provide that the annual rental contract payment rate for the use of the 26.989 miles of double-line pneumatic-tube facilities shall not exceed $12,000 per mile nor be less than $10,500 per mile: Provided, however, That the rate shall be inclusive of maintenance expenses but shall be exclusive of all operating expenses.

INCREASED LENDING AUTHORITY

EXPORT-IMPORT BANK

The bill (S. 2549) to increase the lending authority of Export-Import Bank of Washington was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Export-Import Bank Act of 1945, as amended (59 Stat. 526), is hereby amended in the following particulars:

(a) By deleting from section 6 the words "two and one-half" and substituting in lieu thereof the word "three"; and

(b) By deleting from section 7 the words "three and one-half" and substituting in lieu thereof the word "four".

JOINT RESOLUTION PASSED OVER

The joint resolution (H. J. Res. 296) to maintain the status quo in respect of certain employment taxes and socialsecurity benefits was announced as next in order.

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FREE ENTRY OF STANDARD NEWSPRINT PAPER

The bill (H. R. 5553) to amend paragraph 1772 of the Tariff Act of 1930, as amended, was considered, ordered to third reading, read the third time, and passed.

CONTRIBUTION TO LOCAL GOVERNMENTS FOR NONTAXABLE FEDERAL LANDS

The Senate proceeded to consider the bill (S. 582) authorizing annual payments to States, Territories, and insular governments, for benefit of their local political subdivisions, based on the fair value of the national-forest lands situated therein, and for other purposes, which had been reported from the Committee on Public Lands, with amendments.

Mr. GEORGE. Mr. President, when the bill was reached previously on the call of the calendar I spoke to the proponents of the bill and suggested two amendments to it. I am advised that the Senator from Oregon 1Mr. CORDON] is

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CONGRESSIONAL RECORD-SENATE

The FRESIDENT pro tempore. The bill will be passed over.

The bill (H. R. 4725) to confer jurisdiction on the several States over offenses committed by or against Indians on Indian reservations was announced as next in order.

Over.

Mr. CORDON. The PRESIDENT pro tempore. The bill will be passed over.

The bill (S. 1686) to provide for the settlement of certain obligations of the United States to the Indians of New York was announced as next in order.

Mr. LANGER. Over.

The PRESIDENT pro tempore. The bill will be passed over.

The bill (S. 1687) to confer jurisdiction on the courts of the State of New York with respect to civil actions between Indians or to which Indians are parties was announced as next in order. Mr. LANGER. Over.

The FRESIDENT pro tempore. bill will be passed over.

ALLIED AVIATION CORP.

The

The bill (H. R. 631) for the relief of the Allied Aviation Corr. was announced as next in order.

Mr. JOHNSTON of South Carolina. Over.

Mr. TYDINGS. Mr. President, I hope the Senator who objected will withhold his objection for a moment, to permit me to make an explanation.

The persons mainly affected by this bill are not constituents of mine, so far as I know. I am not on the committee which considered the bill. The chairman of the subcommittee was the Senator from Kentucky [Mr. COOPER).

However, a small wartime plant was located in the State of Maryland; and because of that circumstance the persons affected by the bill came to me and asked me to look into the bill. The main claimants, I believe, are residents of New York, as I understand.

I have looked into the bill; I have read the committee report through carefully. In my opinion, a grave injustice will be done if relief is denied these persons further. The counsel of the Navy Department admits the Justice of their claim, as shown in the report of the House committee.

I likewise read an exact excerpt of a telephone conversation between the general counsel of the Navy Department and my office. It is as follows:

Mr. HILL. The Navy Department is not going to take any position in active opposition to a bill for the relief of this company.

We know they lost money and we will not act to prevent their recoupment. We cannot grant relief on the authority we have.

Further than that, a concern in New York which had a contract identical to that of the claimant named in this bill has obtained its relief.

There should be a rule of uniform justice. I submit it is not fair to give the New York company compensation for its losses and deny the Allied Aviation Corp. cqual compensation for identical

lar company, the Allied Corp., did perform a service. It made planes. The planes were accepted by the Navy, and the company received no compensation

for its loss. However, the New York company did not make any planes, its models were not approved, and it was paid in full.

I appeal to the fairness of the Senate as a matter of simple justice that these claimants have their day in court and get their money. The Senator from Kentucky has written a very comprehensive report. They are not constituents of mine, but my sense of justice is strongly urged to rally to the support of the bill. I hope very much that Senators will not deny these claimants their losses and opportunity for compensation.

Mr. WHERRY. Mr. President, I should also like to state that the Small Eusiness Committee is very much interested in this claim. Was there an objection made? I could not hear.

Mr. JOHNSTON of South Carolina. My objection was the result of a mistake. I was not objecting to this particular bill. I was on a committee some time ago that investigated the particular bill and I think it should be passed.

Mr. TYDINGS. I thank the Senator. I am sure the favorable attitude evidenced toward the consideration of this measure by people who have no interest in it from the standpoint of constituents, should make an appeal, particularly since the overwhelming evidence shows the claimants are entitled to their day in court. This is a House bill. It has already run the gamut of the House, and the Senate should not deny the relief at this late hour.

Is

The FRESIDENT pro tempore. there objection to the present consideration of the bill?

There being no objection, the Senate proceeded to consider the bill (H. R. 631) for the relief of the Allied Aviation Corp., which had been reported from the Committee on the Judiciary, with amendments: On page 1, line 7, to strike out "$108,753.13" and insert "$234,195.20", and in line 9, before the word "in", to insert "under contract No. S92657."

The amendments were 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.

BILL AND JOINT RESOLUTION PASSED

OVER

The bill (S. 2285) relating to the fixing of wage rates for employees in navy yards was announced as next in order.

Mr. WHERRY (and other Senators). Over.

The PRESIDENT pro tempore. The bill will be passed over.

The joint resolution (S. J. Res. 76) proposing an amendment to the Constitution of the United States relative to equal rights for men and women was anncunced as next in order.

Mr. WHERRY. Over. I want the RECORD to show I make the objection on behalf of other Senators.

The PRESIDENT pro tempore. The Joint resclution will be passed over. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT

The Lldi. R. 4971) to amend sections 301 () and 224 (a) of the Federal Focd,

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Drug, and Cosmetic Act was considered, ordered to a third reading, read the third time, and passed.

BILLS AND JOINT RESOLUTION PASSED

OVER

The bill (8. 2216) to amend section 205 of the Interstate Commerce Act, relating to joint boards, was announced as next in order.

Over.

SEVERAL SENATORS. The PRESIDENT pro tempore. The bill will be passed over.

The bill (H. R. 2759) to amend the Interstate Commerce Act, as amended, so as to provide limitations on the time within which actions may be brought for the recovery of undercharges and overcharges by or against common carriers by motor vehicle, commcn carriers by water, and freight forwarders was announced as next in order.

SEVERAL SENATORS. Over.

The FRESIDENT pro tempore. The bill will be passed over.

The bill (S. 2426) to amend the Interstate Commerce Act, as amended, v:as announced as next in order.

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The PRESIDENT pro tempore. The bill will be passed over.

The bill (H. R. 29) making unlawful the requirement for the payment of a poll tax as a prerequisite to voting in a primary or other election for national officers, was announced as next in order. SEVERAL SENATORS. Over.

The PRESIDENT pro tempore. The bill will be passed over.

The bill (H. R. 5992) to confirm and establish the titles of the States to lands beneath navigable waters within State boundaries and natural resources within such lands and waters and to provide for the use and control of said lands and resources was announced as next in order.

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The joint resolution (S. J. Res. 200) proposing an amendment to the Constitution of the United States providing for the election of President and Vice President was announced as next in order.

Mr. WHERRY. Over.

The PRESIDENT pro tempore. The joint resolution will be passed over. FLACING A CERTAIN PORTION OF IDAHO IN THE THIRD TIME ZONE The bill (6. 2547) to amend section 3 of the Standard Time Act of March 19, 1918, as amended, relating to the placing of a certain portion of the State of Idaho in the third time zone, was announced as next in order.

This

The FRESIDENT pro tempore. bill is identical with Calendar No. 1438, House bill 6318, and without objection, the House bill will be substituted for the Senate bill and will now be considered.

There being no objection, the Senate proceeded to consider the bill (H. R. 6318) to amend section 3 of the Standard Time Act of March 19, 1918, as amended, relating to the placing of a certain portion of the State of Idaho in the third time zone.

Mr. JOHNSON of Colorado. Mr. Presidcnt, wa this bill was formerly reached on the call of the calendar I

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CONGRESSIONAL RECORD-HOUSE

route to be operated by Braniff at the time the permit was granted.

The action of the Government of Peru has worked a great hardship upon Branif Airways and has resulted in a breach of Peru's agreement with the United States and in a breach of the permit with the Branif Airways. It also may result in preventing the extension of Braniff service to Bolivia, Brazil, and Argentina by reason of blocking the service through Peru.

In view of our heretofore cordial and friendly relations with Peru, it is difficult to understand how it would take such action, which is contrary to its agreement with this Government and to its issuance of the permit to Braniff.

Therefore, I most respectfully urge that you make a protest to the Government of Peru with respect to this matter and that you insist upon a restoration of the permit to Braniff Airways, and observance by Peru of its agreement with the Government of the United States with respect to the joint air-transport agreement of December 27, 1946.

We want to cultivate cordial and friendly relations with the people of Latin-America. International travel and contacts between our respective peoples will have a most salutary effect in bringing about these desirable results. Therefore, I beg to repeat my urgent request that this matter be taken up with the Government of Peru with a view to inducing it to rectify what seems to be an unjustified action on its part.

Sincerely,

TOM CONNALLY.

EXECUTIVE REPORTS OF COMMITTEES

As in executive session,

The following favorable reports of nominations were submitted:

By Mr. GURNEY, from the Committee on Armed Services:

Rear Adm. Thorvald A. Solberg, United States Navy, to be Chief of Naval Research in the Department of the Navy, with the rank of rear admiral, for a term of 3 years; and

Lucien M. Grant, Lloyd Harrison, and Roy T. Cowdrey, for temporary appointment to the grade of rear admiral in the Navy.

By Mr. MILLIKIN, from the Committee on Finance:

Paul R. Leake, of Woodland, Calif., to be collector of customs collection district No. 28, with headquarters at San Francisco, Calif.;

Carl K Connell, of Cameron, Mo., to be collector of internal revenue for the sixth district of Missouri; and

Fred S. Martin, of New York, to be Assistant Commissioner of Internal Revenue, in place of William T. Sherwood, resigned.

By Mr. SMITH, from the Committee on Foreign Relations:

Executive H. Eightieth Congress, second Bession. A convention between the United States of America and Denmark, signed at Washington on May 6, 1948, for the avoidance of double taxation and the prevention of evasion in the case of taxes on income; with a reservation (Ex. Rept. No. 10); and

Executive 1, Eightieth Congress, second Bession. A convention between the United States of America and the Netherlands, signed at Washington on April 29, 1948, for the avoidance of double taxation and the prevention of evasion in the case of taxes on income; with reservations (Ex. Rept. No. 11).

LEGISLATIVE PROGRAM-RECESS Mr. WHERRY. Mr. President, it appears that we have concluded the work for today's session of the Senate. I should like to state for the RECORD, inasmuch as several Senators have asked when it is expected to have another call of the Legislative Calendar, that we

should like to have the unfinished busi-
ness concluded tomorrow, if that is pos-
sible. If the unfinished business is con-
cluded by the middle of tomorrow after-
noon or tomorrow night, I think there
will then be plenty of time to have a call
of the Legislative Calendar.

However, if debate continues for sev-
eral days, we shall have to arrange to
have a call of the Consent Calendar, be-
cause it is very necessary that the Con-
sent Calendar be called once again.
When it is called, I think we should recur
to the point where the calling of the
calendar was stopped when the question
of oleomargarine came up to block the
handling of the remainder of the cal-
endar, as all of us remember.

Mr. President, with that announcement and observation, and in the hope that Senators will get a good night's sleep, and be ready for work tomorrow, I now move that the Senate take a recess until tomorrow at 11 o'clock a. m.

The motion was agreed to; and (at 8 o'clock and 38 minutes p. m.) the Senate took a recess until tomorrow, Thursday, June 17, 1948, at 12 o'clock a. m.

HOUSE OF REPRESENTATIVES

WEDNESDAY, JUNE 16, 1948

The House met at 10 o'clock a. m.
The Chaplain, Rev. James Shera
Montgomery, D. D., offered the following
prayer:

Lord God of the ages, everywhere Thou
art present except in the hearts of the
wicked. As Thou art most holy and
most wise, direct our minds beyond all
barriers of false imagination and ani-
mate our thoughts as to our responsi-
bility in these remaining hours. If we
have sought to serve our country relying
solely upon ourselves, if we have en-
deavored to slake our thirst at broken
cisterns or veil the flame within, teach
us that to know the way we must have
the abiding reality of truth. Fill us with
the satisfaction born of honest, con-
scientious toil, realizing the brotherhood
of man in the fatherhood of God.
Through Christ our Lord. Amen.

The Journal of the proceedings of yesterday was read and approved.

MESSAGE FROM THE SENATE message from the Senate, by Mr. Carrell, one of its clerks, announced that the Senate had passed without amendment a bill of the House of the following title:

H. R. 5275. An act to amend the Tariff Act of 1930 to provide for the free importation of limestone to be used in the manufacture of fertilizer.

The message also announced that the
Senate had passed, with amendments in
which the concurrence of the House is
requested, bills of the House of the fol-
lowing titles:

H. R. 631. An act for the relief of the Allied
Aviation Corp.;

H. R. 3214. An act to revise, codify, and
enact into law title 28 of the United States
Code entitled "Judicial Code and Judiciary";

8157

H. R. 4071. An act to amend sections 301 (k) and 304 (a) of the Federal Food, Drug, and Cosmetic Act, as amended;

H. R. 6318. An act to amend section 3 of the Standard Time Act of March 19, 1918, as amended, relating to the placing of a certain portion of the State of Idaho in the third time zone; and

H. R. 6448. An act to authorise the Administrator of Veterans' Affairs to convey certain land in Tennessee to the city of Johnson City.

The message also announced that the Senate had passed bills and a joint resolution of the following titles, in which the concurrence of the House is requested:

S. 299. An act to extend the reclamation laws to the State of Arkansas;

8.580. An act relating to the administrative jurisdiction of certain public lands in the State of Oregon;

8. 1183. An act to continue the Virgin Islands Company as an agency of the United States; and

S. J. Res. 37. Joint resolution requesting the President to proclaim February 1 as National Freedom Day.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House is requested, a bill of the House of the following title:

H. R. 6481. An act making appropriations for Government corporations and independent executive agencies for the fiscal year ending June 30, 1949, and for other purposes.

The message also announced that the Senate insists upon its amendments to the foregoing bill, requests a conference with the House on the disagreeing votes of the two Houses thereon, and appoints Mr. FERGUSON, Mr. REED, Mr. WHERRY, Mr. MCKELLAR, and Mr. RUSSELL to be the conferees on the part of the Senate.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House is requested, a bill of the House of the following title:

H. R. 6772. An act making appropriations for the Department of the Navy and the naval service for the fiscal year ending June 30, 1949, and for other purposes.

The message also announced that the Senate insists upon its amendments to the foregoing bill, requests a conference with the House on the disagreeing votes of the two Houses thereon, and appoints Mr. SALTONSTALL, Mr. BRIDGES, Mr. BROOKS, Mr. ROBERTSON of Wyoming, Mr. TYDINGS, Mr. GREEN, and Mr. THOMAS of Oklahoma to be the conferees on the part of the Senate.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House is requested, a bill of the House of the following title:

H. R. 6801. An act making appropriations for foreign aid for the period beginning April 8, 1948, and ending June 30, 1949, and for other purposes.

The message also announced that the Senate insists upon its amendments to the foregoing bill, requests a conference with the House on the disagreeing votes of the two Houses thereon, and appoints Mr. BRIDGES, Mr. GURNEY, Mr. BROOKS, Mr. REED, Mr. MCKELLAR, Mr. HAYDEN,

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