the charge upon which the custody is founded is a misdemeanor only, the escape or attempted escape will constitute a misdemeanor, punishable by imprisonment for not more than one year or fine of not more than $1,000, or both. Escape or attempted escape after conviction remains as in present law a felony in any event.

There follows a communication from the Attorney General to the Chairman of the Committee on the Judiciary in support of this proposed legislation:

Hon. HATTON W. SUMNERS,

DEPARTMENT OF JUSTICE, Washington, D. C., December 18, 1934.

Chairman Committee on the Judiciary,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: I enclose a draft of a bill making it a criminal offense for a person to escape while in custody on a Federal charge.

Under the existing law, escape after conviction is a criminal offense. I feel that prisoners who are held in lawful custody, even before conviction, should likewise be subject to punishment if they escape or attempt to escape. In a number of States such escapes are punishable offenses. I, therefore, shall be glad if you will introduce the enclosed bill and lend your support to its enactment. For your convenience a draft of the proposed bill is enclosed, in which the suggested new language is shown by underscoring and the language of existing law proposed to be eliminated is stricken through. There is also enclosed a copy of an office memorandum referring to existing Federal statutes on the general subject of escape and also State statutes similar in effect to the bill presented herewith.

Sincerely yours,

HOMER CUMMINGS,
Attorney General.

In compliance with clause 2a of rule XIII existing law is printed below in roman, with matter proposed to be omitted in black brackets, and new matter proposed to be inserted in italics:

Any person [properly] committed to the custody of the Attorney General or his authorized representative or who is confined in any penal or correctional institution pursuant to the direction of the Attorney General, or who is in custody by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or who is in custody of an officer of the United_States pursuant to lawful arrest who escapes or attempts to escape [therefrom] from such custody or institution shall be guilty of an offense [and upon apprehension and conviction of any such offense in any United States court shall be punished by imprisonment for not more than five years, such sentence to begin upon the expiration of or upon legal release from the sentence for which said person was originally confined]. If the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense whatsoever, the offense of escaping or attempting to escape therefrom shall constitute a felony and any person convicted thereof shall be punished by imprisonment for not more than five years or by a fine of not more than $5,000, or both; and if the custody or confinement is by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, the offense of escaping or attempting to escape therefrom shall constitute a misdemeanor and any person convicted thereof shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or both. The sentence imposed hereunder shall be in addition to and independent of any sentence imposed in the case in connection with which such person is held in custody at the time of such escape or attempt to escape. If such person be under sentence at the time of such offense, the sentence imposed hereunder shall begin upon the expiration of, or upon legal release from, any sentence under which such person is held at the time of such escape or attempt

to escape.

O

TO AUTHORIZE THE CREDITING OF SERVICE RENDERED BY PERSONNEL (ACTIVE AND RETIRED) SUBSEQUENTLY TO JUNE 30, 1932, IN THE COMPUTATION OF THEIR ACTIVE OR RETIRED PAY AFTER JUNE 30, 1935

APRIL 29, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DARDEN, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 6512]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 6512) to authorize the crediting of service rendered by personnel (active or retired) subsequently to June 30, 1932, in the computation of their active or retired pay after June 30, 1935, having considered the same, report it to the House with the recommendation that it do pass.

The purpose of the bill is to credit the personnel of the services whose compensation is fixed by the Pay Adjustment Act of 1922 with service rendered during the fiscal years 1933, 1934, and 1935 for the purpose of computing their pay after June 30, 1935.

The Pay Adjustment Act of 1922 establishes the rate of pay for the personnel of the Navy, Marine Corps, Army, Coast Guard, Coast and Geodetic Survey, and the Public Health Service. The rates of pay are fixed in six periods for officers below the rank of brigadier general in the Army and Marine Corps and rear admiral in the Navy, ranging from $1,500 to $4,000 per annum. Officers advance in pay periods as the results of length of service or promotion. In addition, the Pay Adjustment Act provides for an increase of 5 percent of the base pay of the period for each 3 years of service up to 30 years.

Section 201 of the act of June 30, 1932, as continued in force up to and including the fiscal year 1935 suspended longevity increases for the fiscal years 1933, 1934, and 1935. Pay-period advancements were suspended during the fiscal years 1933 and 1934, and because of the wording of the economy laws and the interpretations of the Comptroller General the service rendered by officers during these 3 years

will not be counted in the future without this remedial legislation, which will make the various officers of the services above-mentioned suffer a permanent reduction of pay.

This double penalty placed upon these officers, and particularly the younger officers, by the economy laws is unjust and if continued would be detrimental to the morale of these services. The President and the Director of the Budget have suggested this legislation in the President's Budget message of January 3, 1935, and such money as was needed for this purpose was included in the Budget.

This bill is recommended by the Navy Department and the letter from the Secretary of the Navy to the Chairman of the Committee on Naval Affairs is hereby made a part of this report.

No back longevity pay for the fiscal years 1933, 1934, and 1935 is authorized.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, March 25, 1935.

United States Senate, Washington, D. C.

MY DEAR MR. CHAIRMAN: The Navy Department has noted the introduction of the bill S. 2287, to authorize the crediting of service rendered by personnel (active or retired) subsequently to June 30, 1932, in the computation of their active or retired pay after June 30, 1935, and its reference to your committee.

The purpose of this bill is to credit the personnel of the services whose compensation is fixed by the Pay Adjustment Act of 1932 with service rendered during the fiscal years 1933, 1934, and 1935 for the purpose of computing their pay after June 30, 1935. No back longevity pay for the fiscal years 1933, 1934,

and 1935 is authorized.

The Pay Adjustment Act of 1922 (42 Stat. 686) establishes the rates of pay for the personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service. The rates for six pay periods are fixed for officers below the grades of brigadier general in the Army and Marine Corps and rear admiral in the Navy, ranging from $1,500 to $4,000 per annum. Officers advance in pay periods as the result of length of service and promotion. In addition, the Pay Adjustment Act provides for an increase of 5 percent of the base pay of the period for each 3 years of service up to 30 years.

Section 201 of the act of June 30, 1932 (47 Stat. 403), as continued in force up to and including the fiscal year 1935, suspended longevity increases for the fiscal years 1933, 1934, and 1935. Pay-period advancements were suspended during the fiscal years 1933 and 1934. Because of the wording of the economy laws, and the interpretations of the Comptroller General, the service rendered by officers during these 3 fiscal years will not be counted in the future without remedial legislation, and the officers of the various services will suffer a permanent reduction of pay.

The Navy Department believes that such a result will be highly detrimental to the morale of the naval service and will cause undue hardship and distress, particularly among the younger officers.

In the appendix of the Budget of the United States Government for the fiscal year ending June 30, 1936, as submitted to Congress with the President's message of January 3, 1935, legislation in the identical language of S. 2287 was suggested to Congress to remedy this situation and the money was included in the Budget for this purpose.

The Navy Department recommends the enactment of S. 2287.

Sincerely yours,

O

CLAUDE A. Swanson.

AGRICULTURAL ADJUSTMENT ACT AMENDMENTS

APRIL 30, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. JONES, from the Committee on Agriculture, submitted the following

REPORT

[To accompany H. R. 7713]

The Committee on Agriculture, to whom was referred the bill (H. R. 7713) to amend the Agricultural Adjustment Act, and for other puposes, having had the same under consideration, report it back to the House without amendment and recommend that the bill do pass.

GENERAL STATEMENT

The proposed amendments to the Agricultural Adjustment Act are needed primarily in order to supplement the present act in such a way as to permit the Agricultural Adjustment Program to be made more effective. The primary objective set forth in the declaration of policy in the Agricultural Adjustment Act is to secure parity prices for farm products through balancing production with consumption. This goal is obviously of vital importance in the recovery program. The restoration of farm buying power to its pre-war level will substantially assist in bringing about general improvement in business conditions. These amendments will permit a more flexible program by permitting the use of different plans with reference to different commodities and thus enabling the plan to be fitted to the particular commodity. The word "adjustment" has been substituted for the word "reduction" so that the production of a crop hereafter may be adjusted to our domestic and foreign market demand rather than being based on the question of reduction alone. It may mean a decrease or an increase, or neither, depending upon the supply necessary to fit the general market demand.

Of real importance in the agricultural program which the proposed amendments are intended to make possible are those which will enable the Secretary of Agriculture to put into operation the plan

which has been described and is generally known as the "ever normal granary." The Government is authorized to acquire basic agricultural commodities which have been pledged as security for Government loans, and with them to make payments "in kind" to producers who cooperate in the adjustment programs. Adequate reserves of food and fiber can in this manner be maintained, and fluctuations in price can be smoothed out.

Of importance to 2,000,000 or more farmers are the sections of the bill which relate to marketing agreements and licenses. The producers of fruits and vegetables and other commodities which have not been named in the act as "basic" commodities are forced to rely for the most part upon marketing agreements and licenses in order to achieve the goal set forth in the declaration of policy. The operations of cooperative marketing associations will be reinforced by these sections, which will assure the cooperation of processors and distributors in programs intended to raise farm prices. The marketing agreements and licenses which have been issued and entered into pursuant to the Agricultural Adjustment Act have contained a great variety of provisions in order to adapt each particular program to the peculiar problems and circumstances presented in a given area by a particular commodity. The essential purpose of these agreements and licenses has, however, always been to raise producer prices.

The proposed amendments, insofar as they relate to marketing agreements and licenses, are primarily intended to implement and spell out in more detail and with greater freedom from ambiguity the powers which were intended to be conferred in the original act. The present language of the statute is unfortunately subject to serious misconstruction. This has given rise to obstacles in connection with the enforcement of marketing agreements and licenses which have seriously endangered their successful operation. Furthermore, the amendments contain provisions intended to safeguard the exercise of and prevent abuses in the application of the licensing power conferred upon the Secretary. Specific exemption of producers from the licensing power has been provided for, and the imposition of licenses in order to enforce a marketing agreement to which the asset of 50 percent by volume of the processors and handlers cannot be obtained has been limited to those cases in which the Secretary can find that two-thirds of the producers of the commodity specified in the license favor its imposition. A congressional policy that licenses shall be limited in their application to the smallest practicable region, and that they shall contain different terms applicable to different areas, has been carefully spelled out. These and other restrictive provisions are, in the opinion of the committee, adequately drawn to guard against any fear that the licensing powers are so broad as to subject their exercise to the risk of abuse.

The bill gives recognition to the necessity of insuring that, so far as possible, adjustment of production and consequent price increases within the United States shall not operate to deprive American farmers of their share of foreign trade in agricultural commodities. Authorization is given for the appropriation of 30 percent of the annual receipts from customs duties to be available, among other purposes, to encourage exportation of basic commodities by paying benefits or indemnifying losses in connection with such exportation and by payments in connection with the part of production for