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CONGRESSIONAL RECORD SENATE

PROHIBITED ACTS AND PENALTIES

(a) The following acts and the causing thereof are eby prohibited: (1) The introduction or delivery for introduction into interstate ree of any food, drug, device, or cosmetic that is adulterated isbranded.

(2) The adulteration or misbranding of any food, drug, device, metic in interstate commerce.

The receipt in interstate commerce of any food, drug, device, etic that is adulterated or misbranded, and the delivery or ered delivery thereof in the original unbroken package for or otherwise.

4) The dissemination of any false advertisement (the falsity or misleading character of which involves health) by United Blates mails, or in interstate commerce by radio broadcast or otherwise, for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(5) The dissemination of a false advertisement (the falsity or misleading character of which involves health) by any means for the purpose of inducing. directly or indirectly, the purchase of food, drugs, devices, or cosmetics, in interstate commerce.

(6) The introduction into interstate commerce of any food in violation of section 306.

(7) The refusal to permit access to or copying of any record as required by section 704.

(8) Forging. counterfeiting, simulating, or falsely representing, or without proper authority using. any mark, stamp. tag, label, or other identification device authorized or required by regulations promulgated under the provisions of section 306.

(9) The using by any person to his own advantage, or revealing. other than to the Secretary or officers or employees of the Department, or to the courts when relevant in any judicial proceeding under this act, any information acquired under authority of section 306 or 705 concerning any method or process which as a trade secret is entitled to protection.

(10) The dissemination of any false advertisement not covered by subdivision (4), by United States mails, or in interstate commerce by radio broadcast, or otherwise, for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(11) The dissemination of a false advertisement not covered by subdivision (5), by any means, for the purpose of inducing. directly or indirectly, the purchase of food, drugs, devices, or cosmetics, in interstate commerce.

(b) Any person who violates any of the provisions of subdivisions (1) to (7), inclusive, of paragraph (a) of this section shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than 1 year, or a fine af not more than $1,000, or both such imprisonment and fine; and for a second or subsequent offense imprisonment for not more than 2 years, or a fine of not more than $5,000, or both such imprisonment and fine: Provided, however, That any person who violates any of the provisions of subdivision (4) or (5) of paragraph (a) of this section shall only be liable for and forfeit and pay a civil penalty of not more than $1,000 to be recovered by civil action in the district court within the district where the person resides or carries on business if (1) the violation does not involve danger to hearth or gross deception, and (2) the violation is established by opinion evidence only; except that for a second or subsequent violation to which this proviso applies such civil penalty shall be in an amount not to exceed $5.000.

(e) Notwithstanding the provision of paragraph (b) of this section, in case of a willful violation of any of the provisions of subdivisions (1) to (7), inclusive, of paragraph (a) of this section the penalty shall be imprisonment for not more than 3 years, or a fine of not more than $10,000, or both such imprisonment and fine.

(d) No publisher, radio-broadcast licensee, advertising agency. or other agency or medium for the dissemination of advertising shall be deemed to have violated the provisions of subdivision (4) or (5) of paragraph (a) of this section by reason of the dissemination of any false advertisement when such dissemination is caused by the manufacturer, packer, distributor, or seller, residing in the United States, of the article so advertised. It shall be unlawful for any publisher, radio-broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising willfully to refuse, on reasonable request of an officer or employee duly designated by the Secretary, to furnish to such officer or employee the name and post-office address of the manufacturer, packer, distributor, or seller, residing in the United States, who caused him to disseminate any such advertisement; and any publisher, radio-broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising who so refuses shall be guilty of a misdemeanor and shall on conviction thereof be subject to the penalties prescribed by paragraph (b) of this section.

(e) No dealer shall be subject to the penalties of paragraph (b) of this section (1) for having received in interstate commerce any article of food, drug, device, or cosmetic and delivered it or proffered delivery of it as received, if such delivery or proffer was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Secretary the name and address of the person from whom he purchased or received such article and copies of all documents, if any there be, pertaining to the delivery of the article to him. or (2) if he establishes a guaranty or undertaking signed by the person residing in the United States from whom he received in good faith the article of food,

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drug, device, or cosmetic, or the advertising copy therefor, as the case may be, to the effect that such article is not adulterated or misbranded, and such copy is not false, within the meaning of this act, designating this act. To afford protection, such guaranty or undertaking shall contain the name and address of the person furnishing such guaranty or undertaking, and such person shall be amenable to the prosecution and penalties which would attach in due course to the dealer under the provision of this act. Ne retail dealer shall be prosecuted under this section for the dissemination, if in good faith, of any advertisement offering for sale at his place of business any article which he does not distribute or sell in interstate commerce.

((1) Any person who violates any of the provisions of subdirision (8) of paragraph (a) of this section shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than 1 year or a fine of not more than $5,000, or both such imprisonment and fine.

(g) Any person who violates any of the provisions of subdivision (9) of paragraph (a) of this section shall be guilty of a felony and thall on conviction thereof be subject to imprisonment for not more than 2 years or a fine of not more than $5,000, or both such imprisonment and fine.

LIABILITY OF CORPORATIONS AND THEIR OFFICERS

SEC. 707. (a) When construing and enforcing the provisions of this act, unless otherwise provided, the act, omission, or failure of any officer, employee, or agent acting for or employed by any person, within the scope of his employment or once, shall in every case be deemed to be the act, omission, or failure of such person, as well as that of the officer, employee, or agent.

(b) Whenever a corporation or association violates any of the provisions of this act, unless otherwise provided, such violation shall also be deemed to be a violation by the individual directors, officers, or agents of such corporation or association who personally ordered, or did any of the acts constituting in whole or in part, such violation.

INSTITUTION OF CRIMINAL AND CIVIL PENALTY PROCEEDINGS

SEC. 708. Before reporting any violation of this act to any United States attorney for institution of criminal proceedings thereunder, or for the institution of civil penalty action under section 706 (b). the Secretary shall, in accordance with regulations prescribed by him, afford appropriate notice and opportunity for hearing to the person against whom the proceedings are contemplated (1) upon the question of such violation; and (2) to review his tentative decision to make such report, upon cause shown satisfactory to the Secretary. The report shall be accompanied by findings of the appropriate officers and employees, duly authenticated under their oaths. Nothing in this act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel, or injunction proceedings, or civil penalty action, minor violations of this act whenever he believes that the purposes of the act can best be accomplished by a suitable written notice or warning.

SKIZUEE

Src. 709. (a) Any article of food, drug, device, or cosmetic that is adulterated or misbranded when introduced into or while in interstate commerce, or which may not, under the provisions of section 306, be introduced into interstate commerce, shall be liable to be proceeded against while in interstate commerce, or at any time thereafter, on libel of information and condemned in any district court of the United States within the jurisdiction of which the article is found: Provided, however, That no libel for condemnation shall be instituted under this act for any alleged misbranding if there is pending in any court a libel for condemnation proceeding under this act based upon the same alleged misbranding, and not more than one such proceeding shall be instituted if no such proceeding is so pending, except that such limitations shall not apply (1) when such misbranding has been the basis of a prior judgment in favor of the United States, in a criminal injunction or libel for condemnation proceeding under this act, or (2) when the Secretary has probable cause to believe from facts found by him that such misbranding of the article renders it imminently dangerous to health or is, in a material respect, false, grossly misleading, or fraudulent; and in any case where the number of libel for condemnation proceedings is lim ited as above provided the proceeding pending or instituted shall, on application of the claimant, seasonably made, be removed for trial to any district which may be agreed upon by stipulation between the parties to the proceeding.

(b) The article shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that either party may demand trial by jury of any issue of fact Joined in any such case. In cases of articles of food, drugs, devices, or cosmetics seized under the provisions of this section when the same issues of adulteration or misbranding under the provisions of this act, raised by the same claimant, are pending in various jurisdictions, the United States district court for any district where one of such seizures is pending, or for any other district which may be agreed upon by stipulation between the parties to the proceeding, is hereby vested with jurisdiction to consolidate and try such cases; and on application of the claimant, seasonably made, such cases may be tried in any such jurisdiction or in the district so stipulated.

(c) The court at any time after seizure up to a reasonable time before trial, shall by order allow any party to a condemnation proceeding, his attorney or agent, to obtain a representative sample

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CONGRESSIONAL RECORD-SENATE

of the article seized, and as regards fresh apples and fresh pears, a true copy of the analysis on which the proceeding is based.

(d) Any food, drug, device, or cosmetic condemned under this section shall, after entry of the decree, be disposed of by destruction or sale, as the court may, in accordance with the provisions of this section, direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such article shall not be sold under such decree contrary to the provisions of this act or the laws of the jurisdiction in which sold: Provided, That after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sumclent bond conditioned that such article shall not be sold or disposed of contrary to the provisions of this act or the laws of any State or Territory in which sold, the court may by order direct that such article be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this act under the supervision of an officer or employee duly designated by the Secretary, and the expenses of such supervision shall be paid by the party obtaining release of the article under bond. Any article condemned by reason of its being an article which may not, under section 306, be introduced into interstate commerce, shall be disposed of by destruction.

(e) When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.

INJUNCTION PROCEEDINGS

SEC. 710. (a) In order to avoid multiplicity of criminal prosecutions, or libel for condemnation proceedings, the district courts of the United States are hereby vested with jurisdiction for cause shown, to restrain by injunction, temporary or permanent, any person from the repetitious (1) introduction or causing to be introduced into interstate commerce of any adulterated or misbranded food, drug, device, or cosmetic; or (2) dissemination of or causing to be disseminated any false advertisement by United States mails, or in interstate commerce by radio broadcast or otherwise, for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics; or (3) dissemination of or causing to be disseminated a false advertisement by any means for the purpose of inducing, directly or indirectly. the purchase of food, drugs, devices, or cosmetics in interstate commerce. In such injunction proceedings it shall not be necessary to show on the part of such person an intent to continue the offense.

(b) Violation of any injunction issued pursuant to this section may be summarily tried and punished by the court as a contempt. Such contempt proceedings may be instituted by order of the court or by the filing of an information by the United States attorney; and process of the court for the arrest of the violator may be served at any place in the United States or subject to its Jurisdiction. No person shall be deemed to have violated an injunction. issued pursuant to this section, by reason of the dissemination, subsequent to such injunction, of the false advertisement which was the basis of the injunction, if such dissemination was beyond the control of such person.

DUTIES OF UNITED STATES ATTORNEY

SEC. 711. It shall be the duty of each United States attorney to whom the Secretary, consistently with the provisions of sections 708 and 709. reports any violation for institution of criminal, libel of information for condemnation, or other proceedings under this act, to cause appropriate proceedings to be instituted in the proper courts of the United States without delay. All suits instituted under this act, except those relating to the functions of the Federal Trade Commission, shall be by and in the name of the United States. Notwithstanding the provisions of section 876 of the Revised Statutes, subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this act.

IMPORTS AND EXPORTS

SEC. 712. (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture upon his request, samples of food, drugs, devices, and cosmetics which are being imported or offered for import into the United States, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony. If it appears from the examination of such samples or otherwise that (1) any false advertisement of such article has been disseminated in the United States by the importer or exporter thereof, or any person in privity with him, within 3 months prior to the date such article is offered for import, or (2) such article has been manufactured, processed, or packed under insanitary conditions, or (3) such article is forbidden or restricted in sale in the country in which it was produced or from which it was exported, or (4) such article is adulterated or misbranded, then such article shall be refused admission.

(b) The Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any such article refused admission, unless such article is exported by the consignee within three months from the date of notice of such refusal, under such regulations as the Secretary of the Treasury may prescribe: Provided. That the Secretary of the Treasury may deliver to the consignee any such article pending examination and decition in the matter on execution of a bond as liquidated damages for the amount of the full invoice value thereof together with the duty thereon, and on refusing for any cause to return such article or any part thereof to the custody of the Secretary of the Treasury when demanded for the purpose of excluding it from the

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| country or for any other purpose, such consignee shall forfeit the full amount of the bond as liquidated damages.

(c) All charges for storage, cartage, and labor on any article which is refused admission or delivery shall be paid by the owner or consignee and in default of such payment shall constitute a lien against any future importations made by such owner or consignee.

(d) A food, drug, device, or cosmetic intended for export shall not be deemed to be adulterated or misbranded under this act if it (1) accords to the specifications of the foreign purchaser, (2) complies with the laws of the country to which it is intended for export, and (3) is labeled on the outside of the shipping package with the words "For export." But if such article is sold or offered for sale in domestic commerce, this paragraph shall not exempt it from any of the provisions of this act. PUBLICITY

SEC. 713. (a) The Secretary shall cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered, including the nature of the charge and the disposition thereof.

(b) The Secretary may also cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the Secretary, imminent danger to health or gross deception of the consumer. Nothing in this section shall be construed to prohibit the Secretary from collecting. reporting, and illustrating the results of the investigations of the Department.

SEPARABILITY CLAUSE

SEC. 714. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby.

EFFECTIVE DATE AND APPEALS

SEC. 715. (a) This act shall take effect 12 months after the date of its enactment. The Federal Food and Drugs Act of June 30, 1906, as amended (U. S. C., 1934 ed., title 21, secs. 1-15), shall remain in force until such effective date, and, except as otherwise provided in this paragraph, is hereby repealed effective upon such date: Provided. That the provisions of sections 701 and 702 shall become effective on the enactment of this act, and thereafter, the Secretary is authorized hereby to (1) conduct hearings and to promulgate regulations which shall become effective on or after the effective date of this act as the Secretary shall direct, and (2) designate prior to the effective date of this act food having common or usual names and exempt such food from the requirements of subdivision (2) of paragraph (1) of section 302 for a reasonable time to permit the formulation, promulgation, and effective application of definitions and standards of identity therefor as provided by section 304: Provided further, That the act of March 4, 1923 (U. 8. C., 1934 ed., title 21, sec. 6; 42 8tat. 1500, ch. 268), defining butter and providing a standard therefor, and the provisions of the act of July 24, 1919 (U. S. C., 1934 ed., title 21. sec. 10; 41 Stat. 271, ch. 26), defining wrapped meats as in package form, shall remain in force and effect and be applicable to the provisions of this act: And provided further, That amendment to the Food and Drugs Act, section 10A, approved August 27, 1935 (U. S. C., 1934 ed., Supp. I, title 21, sec. 14a), shall remain in force and effect and be applicable to the provisions of this act: And provided further, That nothing in this act shall impair or be construed to impair or diminish the powers of the Federal Trade Commission under existing law.

(b) The provisions of this act shall not be held to modify or repeal any of the existing laws of the United States except as provided by paragraph (a) of this section.

(c) Meats and meat-food products shall be exempt from the provisions of this act to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended (U. S. C., 1934 ed., title 21, secs. 71-91; 34 Stat. 1200 et seq.).

The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from New York [Mr. COPELAND). Mr. KING. Mr. President, I have just entered the Chamber. Perhaps the Senator from New York has covered the point concerning which I am about to make inquiry. The Senate will recall that when the so-called liquor bill was under consideration by the Finance Committee-and it was pending before that committee for weeks-the question was urgently argued with respect to the utilization of nothing but grain for the manufacture of distilled spirits. After very full consideration of the subject the proposed amendment was eliminated.

I should like to know what the attitude of the conference committee was with respect to that matter. I move that it all be eliminated in order to conform to the action of the Senate. We cannot repudiate the action of the Senate after a full discussion covering a very long period of time.

Mr. BAILEY. Mr. President, I stated to the Senator from Utah that the amendment to which he refers had not been put in the bill. If it is there, it is there by inadvertence

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and the Senator from New York (Mr. COPELAND) will agree to strike it out, I am sure. We will have no trouble about it. Mr. ASHURST. Mr. President, I have just entered the chamber to find that the conference report on Senate bill no. 5 is before the Senate. I remember the able speech of the Senator from Utah [Mr. KING), and of the Senator from Kentucky [Mr. BARKLEY], pointing out that alcohol is alcohol, whether it be made from beets or grain or potatoes. Personally, I am not interested; but it would be most unfair and ungenerous and unworthy of the Senate at this late hour, by inadvertence or carelessness or in any other way, to permit a provision of the bill to become law which would deny the sugar-beet growers or the cane growers the right to distill alcohol from their products or which would prohibit or restrict the use of such alcohol for any lawful purpose whatsoever.

Mr. KING. I may say to the Senator that it would be manifestly unfair in view of the fact that the two Senators from Louisiana were very much interested, particularly the senior Senator from Louisiana [Mr. OVERTON] who is ill and unable to be here to protect his interests and to advocate upon the floor of the Senate, as he did when he was well, the position which he then took.

Mr. ASHURST. I should feel a sort of guilt if I were to permit a bill to pass containing such a provision because one of the Senators from Louisiana paid me the compliment to ask my opinion, and I said:

You may go home; you are at liberty to go, because the Senate of the United States keeps faith. The Senate has voted, and by an overwhelming majority has decided that the same alcohol may be distilled from sugar beets or from cane, as well as from grain; and you may rest assured that the Senate will not reverse that action by any direct action or any indirect action.

Mr. President, before there is a vote on the conference report I wish to have assurances from the Senators. I wish that provision stricken out if it can be done.

Mr. BAILEY. We are agreeing upon a motion to have it stricken out.

Mr. ASHURST. Then I have overspoken myself. I know I may depend upon the fairness and the generosity of our Senate conferees; but in these closing hours, when important matters are being poured over like a cataract, even the bestinformed Senators frequently do not know precisely what is in a bill; and if the able Senator from North Carolina [Mr. BAILEY), and likewise the able Senator from New York [Mr. COPELAND), assure me that the provision inserted by the House, reading as follows:

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A food shall be deemed to be misbranded if it purports to be or is represented as any kind of whisky, and it contains alcohol derived from any source other than grain.

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came so near to an agreement that we had the legislative counsel draw up a compromise bill, and it is that which I am offering. Therefore, the Senator is entirely within his rights in moving that it be amended as he has said.

Mr. ASHURST. I know that we may depend upon the good faith of our conferees. I am not challenging their good faith. Even the most diligent Senator in times like these may not know, however, what is included in a conference report. I have nothing more to say, except that I hope that by no accident or inadvertence will such a provision be incorporated in any legislation. Surely there should not be any discrimination by reason of a difference in the raw material used in the production of the same product; so far as alcohol is concerned that principle was confirmed by a law enacted by Congress in 1917 and reenacted in 1918. Mr. KING. I ask to have the question put on my motion to eliminate paragraphs (1) and (m) on pages 53 and 54. The PRESIDING OFFICER. The question is on the motion of the Senator from Utah to amend the amendment proposed by the Senator from New York to the amendment of the House by striking out paragraphs (1) and (m). The amendment to the amendment was agreed to. The PRESIDING OFFICER. The question is on agreeing to the amendment, as amended, to the amendment of the House.

The amendment, as amended, to the amendment of the House was agreed to.

ENROLLED BILLS AND JOINT RESOLUTIONS PRESENTED Mrs. CARAWAY, from the Committee on Enrolled Bills, reported that on today, June 20, 1936, that committee presented to the President of the United States the following enrolled bills and joint resolutions:

S. 81. An act to provide for the collection and publication of statistics of peanuts by the Department of Agriculture; S. 1896. An act to provide for interest payments on American Embassy drafts:

S. 2039. An act making it a felony to transport in interstate or foreign commerce persons to be employed to obstruct or interfere with the right of peaceful picketing during labor controversies;

S. 2293. An act for the retirement of employees of the Alaska Railroad, Territory of Alaska, who are citizens of the United States;

S. 3247. An act to waive any exclusive jurisdiction over premises of Public Works Administration slum-clearance and low-cost housing projects, to authorize payments to States and political subdivisions in lieu of taxes on such premises, and for other purposes;

S. 4268. An act to authorize the Secretary of War to set

If these two Senators assure me that that has gone out, I apart as a national cemetery certain lands of the Fort Snellam willing to take my seat.

Mr. BAILEY. We will move to strike from the bill as reported the language to which the Senator is objecting. Mr. ASHURST. I have nothing more to say.

Mr. KING. That language is found on pages 53 and 54, under subdivisions (1) and (m). I move to delete those subdivisions, which are as follows:

(1) If it is a distilled liquor, or if it is a beverage (other than fortified wine) containing any distilled liquor, unless its label states (1) the percentage by volume of alcohol therein; (2) in case it contains two or more whiskies or other alcoholic beverages, the percentage by volume of each distilled liquor present and the source of sources from which each is derived; (3) in case of any kind of whisky stored in wood, or any mixture of whiskies of which one or more has been stored in wood, the length of time, if any, each such whisky has been so stored; and (4) in the case of any mixture of any kind of whisky or whiskies with neutral spirits, the length of time, if any, each such whisky has been stored in wood: Provided, That the provisions of this paragraph shall not apply insofar as they impose any requirement imposed by or under authority of the Pederal Alcohol Administration Act.

(m) If it purports to be or is represented as any kind of whisky, and it contains alcohol derived from any source other than grain. Mr. ASHURST. Mr. President, how may a conference report be amended?

Mr. COPELAND. May I answer the Senator? We are in a very peculiar position. The conferees have disagreed. We

ing Military Reservation, Minn.;

S. 4390. An act to amend the National Defense Act relating to the Medical Administrative Corps;

S. 4567. An act to authorize the Secretary of Agriculture to extend and renew for the term of 10 years a lease to the Chicago, Milwaukee & St. Paul Railway Co. of a tract of land in the United States Department of Agriculture Range Livestock Experiment Station, in the State of Montana, and for a right-of-way to said tract, for the removal of gravel and ballast material, executed under the authority of the act of Congress approved June 9, 1926;

S. 4699. An act to provide a commissioned strength for the Corps of Engineers, United States Army, for the efficient performance of military and other statutory duties assigned to that corps;

S. 4784. An act to permit mining within the Glacier Bay National Monument;

S. 4786. An act to authorize the Secretary of Agriculture to make such adjustments and revisions found to be due on contracts entered into by the Government with crop producers under the Agricultural Adjustment Act;

S. J. Res. 251. Joint resolution granting the consent of Congress to the city and county of San Francisco to construct a causeway and highways on Yerba Buena Island in San Francisco Bay, and for other purposes;

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CONGRESSIONAL RECORD-HOUSE

Mr. Speaker, I make the point of order that there is no quorum present. Mr. O'CONNOR. Mr. Speaker, I move that the House stand in recess until 8 o'clock.

The motion was agreed to; and accordingly (at 6 o'clock and 52 minutes p. m.), the House stood in recess until 8 o'clock p.m.

EVENING SESSION

The recess having expired, the House was called to order by the Speaker at 8 o'clock p. m.

FIFTY-CENT PIECES IN COMMEMORATION OF ONE HUNDREDTH ANNIVERSARY OF ADMISSION OF STATE OF ARKANSAS INTO THE UNION

Mr. DRIVER. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H. R. 11688) providing for a change in the design of the 50-cent pieces authorized to be coined in commemoration of the one hundredth anniversary of the admission of the State of Arkansas into the Union, with Senate amendments, and agree to the Senate amendments.

The SPEAKER. Is there objection?

Mr. RICH. Reserving the right to object, I should like to ask the gentleman if these are to be silver coins?

Mr. DRIVER. Yes.

Mr. RICH. Then we are going to have more free silver, or are they going to sell them?

Mr. DRIVER. They are going to sell them.

Mr. RICH. It is one more of these coin bills. They put them in over there and we take them out over here, and round and round they go. (Laughter and applause.] The SPEAKER. Is there objection?

There was no objection.

The Clerk read the Senate amendments, as follows:
Lines 5 and 6, strike out "of not less than 25,000".

Line 6. after "af", insert "not less than 25,000 and not more than 50,000 af".

After line 14, insert:

"SEC. 2. The coins upon which the additional design authorized by this act is to be placed shall be coined at a mint of the United States to be designated by the Director of the Mint, shall bear the date 1936, irrespective of the year in which they are minted or issued, and shall be issued in the same manner and for the same purposes as the coins issued under the provisions of such act of May 14. 1934, except that not less than 25,000 such coins shall be issued at any one time and no such coins shall be issued after the expiration of 1 year after the date of enactment of this act."

The Senate amendments were agreed to.

A motion to reconsider was laid on the table.

STILL FURTHER MESSAGE FROM THE SENATE

A still further message from the Senate, by Mr. Crockett,

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H. R. 12876. An act to waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects; to authorize payments to States, political subdivisions,. and local taxing units in lieu of taxes on such premises; and for other purposes; and

H. J. Res. 642. Joint resolution to enable the Secretary of Agriculture to apply such methods of control of grasshoppers as in his judgment may be necessary.

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. 12831. An act to authorize the striking of an appropriate medal in commemoration of the three hundredth anniversary of the founding of Hartford, Conn.

The message also announced that the Senate agrees to the amendments of the House to bills and a joint resolution of the Senate of the following titles:

S. 1567. An act to amend section 5 of the act of March 2, 1919, generally known as the War Minerals Relief Act; S. 1793. An act to amend the act entitled "An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California", approved May 18, 1928 (45 Stat. L. 602);

S. 2460. An act to amend the act of June 6, 1924, entitled "An act to amend in certain particulars the National Defense Act of June 3, 1916, as amended, and for other purposes";

S. 3843. An act to provide for the entry under bond of exhibits of arts, sciences, and industries, and products of the soil, mine, and sea, and all other exhibits for exposition purposes; and

S. J. Res. 177. Joint resolution to define the term of certain contracts with Indian tribes.

The message also announced that the Senate agrees to the report of the committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2953) entitled "An act to provide for the inspection, control, and regulation of steam boilers and unfired pressure vessels in the District of Columbia."

The message also announced that the Senate recedes from its disagreement to the amendment of the House to the bill (S. 5) entitled "An act to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes", and agrees to the same with an amendment.

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

S. 4670. An act to authorize the striking of an appropriate

its Chief Clerk, announced that the Senate had passed with-medal in commemoration of the three hundredth anniversary out amendment bills and a joint resolution of the House of the following titles:

H. R. 2335. An act for the relief of Cora Akins;

H. R. 3777. An act for the relief of the Herald Publishing Co.;

H. R. 9191. An act for the relief of the dependents of James B. Kiley;

H. R. 12257. An act to extend the jurisdiction of the United States Court for China to offenses committed on the high seas;

H. R. 12324. An act to amend section 723 (a) of the Revenue Act of 1932, as amended;

H. R. 12410. An act to amend section 8 of the act entitled "An act to establish a National Archives of the United States Government, and for other purposes", approved June 19, 1934;

H. R. 12455. An act to provide for the administration and maintenance of the Blue Ridge Parkway, in the States of Virginia and North Carolina, by the Secretary of the Interior, and for other purposes;

H. R. 12458. An act authorizing a preliminary examination of the intracoastal waterway throughout Broward County, Fla.;

of the original Norfolk, Va., land grant and the two hundredth anniversary of the establishment of the city of Norfolk, Va., as a borough.

The message also announced that the Senate had Resolved, That a committee of two Senators be appointed by the Vice President to join a similar committee appointed by the Speaker of the House of Representatives to wait upon the President of the United States and inform him that the two Houses have completed the business of the present session and are ready to adjourn, unless the President has some further communication to make them; and that, in compliance with the foregoing, the Vice President appointed as said committee on the part of the Senate Mr. ROBINSON and Mr. McNART.

SANDY NATIONAL PARK IN VIRGINIA AND KENTUCKY Mr. MAY. Mr. Speaker, when the House recessed this evening the bill (H. R. 87) to establish the Breaks of Sandy National Park in Virginia and Kentucky was under consideration.

The SPEAKER. The Clerk will report the bill.
The Clerk read the title of the bill.
The SPEAKOR. Is there objection?
Mr. TABER. Mr. Speaker, I object.
Mr. MAY.
withhold that.

Mr. Speaker, I wish the gentleman would
There is not a dollar of expense involved.

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CONGRESSIONAL RECORD-HOUSE

who would have lived and died and their children would in all probability have lived and died without ever having electric lights in their homes if it had not been for the T. V. A. I expect to keep up the drive until we reach them all. Not only am I striving to secure this service for the farmers of my own district but I want to see every farm home in America electrified at rates the farmers can afford to pay. [Applause.]

Mr. O'NEAL. Mr. Speaker, I yield 2 minutes to the gentleman from Missouri [Mr. COCHRAN).

Mr. COCHRAN. Mr. Speaker, 9 years ago I started a fight in this House on privately owned toll bridges. On the first roll call that I forced on a private toll bridge bill, 12 Members of the House joined me. I did not become discouraged but continued my opposition to such bills year after year until I won that fight. This Congress no longer grants franchises for privately owned toll bridges. My contention was if a bridge was needed the State or a subdivision of a State should build it, not a private corporation. I further contended if the State could build roads it likewise could build bridges.

Now we have a situation in my city that is typical of many other places and it justifies the passage of this bill. East St. Louis, Ill., taxes our bridge, a free bridge. The bridge cost St. Louis about $12,000,000. East St. Louis is taxing our free bridge $75,000 a year. However, East St. Louis is going to build a toll bridge in the near future and when it builds the toll bridge St. Louis undoubtedly is going to tax the East St. Louis Bridge for an equal amount. Other communities, however, will not have such an opportunity where their bridge is being taxed.

Suppose New Jersey and New York and other States separated by rivers should start taxing their bridges? It is possible. Here is an opportunity to prevent it.

Mr. THOMPSON. Mr. Speaker, will the gentleman yield? Mr. COCHRAN. I yield.

Mr. THOMPSON. The gentleman knows that a situation like that can be worked out by agreement between the State of New Jersey and the State of New York and between the State of Illinois and the State of Missouri Why should the Federal Government get into it?

Mr. COCHRAN. But I will tell the gentleman from Illinois that I know our officials have been trying for years to work it out with his State, but the Illinois Legislature has refused to come to an agreement.

Mr. WHITE. Mr. Speaker, will the gentleman yield?
Mr. COCHRAN. I yield.

Mr. WHITE. Does the gentleman know between Covington and Cincinnati there was an old bridge built in about 1858, before Abraham Lincoln was inaugurated, that is still in use and still charging tolls?

Mr. COCHRAN. I do not know anything about it but two great cities like Covington and Cincinnati should buy the bridge or build a new one if it is a privately owned tall bridge. Then again, 1858 was several years before I came to Congress. [Laughter and applause.]

[Here the gavel fell.]

Mr. O'NEAL Mr. Speaker, I yield myself the balance of my time.

It seems to me that when you mention a toll bridge to this Congress everybody thinks something very peculiar must be going on.

Mr. Speaker, this bill was brought before the committee. The committee held hearings on it. They went into the legality of the right of the Government to speak on the subject of these taxes. As the gentleman from Massachusetts told you, they reported unanimously in favor of this bill.

In 4 minutes I do not have time to correct all the mistakes that have been made and all the misstatements that have been made. There have been free bridges all over the United States that were built from tolls paid by those who have used the bridge; bridges that were built by borrowed money, that did not cost the State one dime, that did not cost the State, county, or the municipality one red cent. Every dime came from the people who paid tolls.

JUNE 20

The debt is being paid off a the cities, counties, and States have properly running millions of dollars for which the taxpayers of those ties, counties, and States never paid one dollar. What is the situation? I can best Mlustrate it by the experience of my own city. A bridge. was built there costing $5,000 The money was borrowed. Not one cent of the rayers' money went into the building of that bridge. Bids were issued against the bridge. All tolls were pledged to the payment of bonds. The result is that $2,000,000 has been paid off. But now a little town across the river comes along and wants to put a large tax on the bridge became piers are located within its jurisdiction and they say they have the right to tax it. This means that the bridge authorities will have to charge a greater toll or that tells will have to be charged for a longer period of time. This hill provides that no town, no community, no State, simi levy taxes against such a bridge as is exempted in this bill, thus causing the bridge to carry tolls for a longer perful of time. 'Here the gavel fell)

The time of the gentleman time has expired.

The SPEAKER pro tempore. from Kentucky has expired. The question is, Shall the rules be suspended and the bill passed?

The question was taken; and an a division (demanded by Mr. THOMPSON) there were a s300, noes 44. So (two-thirds having voted in favor thereof) the rules were suspended and the bill was passed. A motion to reconsider was ) Ian the table.

FOOD, DRUGS, AND COSMETICS HILL

Mr. RAYBURN. Mr. Speaker, by direction of the Committee on Interstate and Foreign Commerce, I call up the bill (S. 5) to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes, with a Senate amendment to the amendment of the Hoe and move that the House

concur in the Senate amendment to the House amendment. The SPEAKER. The Clerk will report the Senate amendment.

Mr. PARSONS (interrupting the reading of the amendment). Mr. Speaker, I make the point of order that a quorum is not present.

The SPEAKER. The Chair will count. After counting.] Two hundred and forty-three Members are present, quorum.

The Clerk resumed the reading of the amendment.

Mr. RAYBURN (interrupting the reading of the amendment). Mr. Speaker, I ask animous consent that further reading of the amendment be dispensed with, as I think it can be better understood if explained by some member of the committee.

Mr. HOLMES. Mr. Speaker, I object.

The Clerk resumed the reading of the amendment. Mr. COX (interrupting the reading of the amendment). Mr. Speaker, I understand this amendment is something over 80 pages in length. It will take an hour and a half or 2 hours to read it. I therefore ask unanimous consent that further reading of the amendment be dispensed with. Mr. HOLMES. Mr. Speaker, I abject.

The Clerk resumed the reading of the amendment. Mr. EDMISTON. Mr. Speaker, I ask unanimous consent that further reading of the amendment be dispensed with. Mr. HOLMES. Mr. Speaker, I object.

The Clerk resumed the reading of the amendment. Mr. MILLARD (interrupting the reading of the amendment). Mr. Speaker, I more that further reading of the amendment be dispensed with

Mr. SIROVICH and Mr. HOLMES objected.

The Clerk resumed the reading of the amendment. Mr. DONDERO (interrupting the reading of the amendment). Mr. Speaker, I make the point of order there is not present.

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