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1937

CONGRESSIONAL RECORD SENATE

We have to act and act quickly to crystallize public opinion so It can be brought to bear on the uncertain Senators. Then a name is given, followed by the statement:

is one of the instigators, so things will hum. R. 8. V. P. by return mail, please-one way or the other-and come. We need you.

Another letter, addressed to a person whose name is omitted by me, is as follows:

I am so delighted that you are going to get the names and addresses of all the various clubs. I know that it will be well done and I have no more worries along that line. I do not believe that we better use clubs that we are not sure of.

That statement shows that the one responsible does not want a full and fair expression by all clubs, but desires to choose those clubs which will support the viewpoint which she entertains or occupies.

I do not believe that we had better use clubs that we are not sure of. For instance, in the classified telephone directory Minnewaska Club is probably a Democratic Club, and we wouldn't want to get in there. If you could get someone to call these various clubs and say, "I'm looking for a Democratic or a Tammany club in my neighborhood-is this a Democratic club?" etc., or something to that effect. I am sure you could make arrangements at the Republican National Committee headquarters, 41 East Fortysecond, to do the telephoning there in order to save your own telephone bill. Or if you know someone who wants to contribute $10 or so to the Republican Party, ask her or him if you may use his phone for the day.

If you personally can't do the phoning, I am sure BlankOmitting in my reading the name used therewould do it for you.

They say there are 5,000 clubs in Greater New York. I do hope we can cover at least 1,000 of them. I do hope that our contacts with the foreign clubs will be lasting, as I think there is a real opportunity for service to them later on.

I am quite sure the consulate would have lists of all their respective clubs. I know there are more than 50 Norwegian clubs in Brooklyn alone. I believe Mr. Blank, the consul general, would give you the list. You may use my name with him if you wish. Good luck.

I am going to be in the city Monday (at the club) in case you wish to reach me.

Thanks so much for taking over this big job.
Sincerely,

I omit the name signed to the letter.

That letter indicates that the first letter, which I withdrew, has some relationship to this subject, although there is a reference in it to a meeting on September 15 which I do not understand as consistent with that suggestion. It appears that these influences are being moved in almost every direction and from as many sources as can be commanded, not to enlighten the public. Not one of these messages gives the slightest information as to the basis of the conclusion of the propaganda. It is limited to a request that withcut information these propagandist messages be sent broadcast over the Nation, so that no one who receives one may know how such a message actually originated. ORDER OF BUSINESS

Mr. SCHWELLENBACH, Mr. BURKE, and Mr. COPELAND addressed the Chair.

The VICE PRESIDENT. The Senator from Washington. Mr. COPELAND. Mr. President, will the Senator yield in order that I may make a request?

Mr. SCHWELLENBACH. Yes; I yield for that purpose. Mr. COPELAND. Mr. President, I ask unanimous consent that there be placed before the Senate for consideration, in order to make it the unfinished business, Senate bill 5.

Mr. ROBINSON. Mr. President, I have no objection to proceeding to the consideration of the bill, with the understanding, however, that there shall be no effort to foreclose any contested provision of the bill during the present day. A number of Senators have stated to me that they could not be present today, and that they wish to be here when this measure is considered. For the first time in my memory at this advanced stage of the session there is no general legislation of importance on the calendar of the Senate other than the bill referred to by the Senator from New York.

Mr. COPELAND. The suggestion of the Senator from Arkansas is entirely satisfactory to me; and I think the most we could possibly do today would be to consider some of the

uncontested committee amend

1943

but not with any

thought of pressing the measure to final passage. Mr. ROBINSON. I think that when the opportunity arises the Senator from New York should take the floor and explain in what particular this hill differs from the bill which was brought forward at the last session, and, of course, make any other explanation he may deem necessary. Mr. MCKELLAR. Mr. President, will the Senator yield? Mr. SCHWELLENBACH. 1 yild the Senator from Tennessee.

Mr. McKELLAR. Is it the purpose of the Senator from New York to have a vote on this measure within the next 2 or 3 days?

Mr. COPELAND. I hope an. I really feel that the controverted features of the bill have been eliminated, or so modified that we can proceed to Sual action not later than tomorrow, I hope.

Mr. MCKELLAR. I shall not eject; but I shall have to communicate with some constients of mine about the matter of amendments.

The VICE PRESIDENT. The Senator from New York asks unanimous consent that Smte bill no. 5 be laid before the Senate for present consideration and made the unfinished business. Is there objection?

Mr. McNARY. Mr. President, I suppose this is the pure food and drug amendment me

Mr. COPELAND. It is.

Mr. McNARY. We are preceding wholly out of order. The routine morning business has not as yet been transacted. I do not like to commit myself am the question of unanimous consent. There is an orderly way of getting a bill before the Senate at the proper time. That way is by motion to make it the unfinished business or to proceed to its consideration. I am going to object at this time. I shall aid the Senator from New York in due time, and in the proper fashion, to make the bill the unfinished business; but at this time I am going to insist on the transaction of the routine morning business; and I object to the Senator from Washington [Mr. SCHWELLENBACH] now proceeding with his speech. It can be done only by unanimous consent.

The VICE PRESIDENT. The regular order of business is the presentation of petitions and memorials. If any Senator should object to the Senator from Washington proceeding, the Chair would have to hold that it could be done only by unanimous consent, although the Chair has recognized the Senator from Washington.

Mr. McNARY. Very well; I shall insist on the disposition of the routine morning business. Then the Senator from Washington may proceed at the proper time and in due course. Mr. COPELAND. Mr. President, if the Senator will yield, I assume from what the Senater from Oregon has said that he has in mind the parliamentary situation.

Mr. McNARY. Exactly.

Mr. COPELAND. And that later in the day, when the proper time comes, the Senator will not object to my request. Mr. McNARY. My statement has no reference whatever to the merits of the Senator's proposal.

Mr. COPELAND. That is satisfactory to me.

CONDOLENCES IN BELGIAN SENATE ON FLOODS IN AMERICA The VICE PRESIDENT laid before the Senate a letter from the Secretary of State, transmitting (with translations thereof) copies of the text of an address from the Parliamentary Annals of the Senate of the Kingdom of Belgium, containing a speech delivered em January 28, 1937, by the President of the Senate, M. Mogersoen, on the occasion of devastating floods occurring in the United States, which, with the accompanying papers, was referred to the Committee on Foreign Relations.

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1937

CONGRESSIONAL RECORD SENATE

Whereas the wheat producers of the State of Montana and the national farm organizations of the State favor a 10-year period as a basis for insurable yield, and it appearing that it is necessary for the welfare of Montana to have this period inserted in the present national plan, and that it be made effective for the 1937 crop; and

Whereas all of the people of the State of Montana, regardless of their vocations or pursuits, will beneât from the enactment of this legislation: Now, therefore,

1. Roy E. Ayers, Governor of the State of Montana, do hereby proclaim and designate Saturday, the 20th day of February, A. D. 1937, as wheat crop insurance and ever normal granary day, and urge the people of the State of Montana to observe this day by efforts to secure united action for furthering the progress of this national legislation at the earliest possible date in order that the emergency confronting the agricultural industry of the State and the people generally may be relieved.

In witness whereof, I have hereunto set my hand and caused the great seal of the State to be affixed.

Done at the city of Helena, the capital, this 10th day of February, A. D. 1937. ROY E. AYERS. SAM W. MITCHELL, Secretary of State.

By the Governor-attest:

REPORTS OF COMMITTEES Mr. BURKE, from the Committee on Claims, to which were referred the following bills, reported them each with amendments and submitted reports thereon:

S. 556. A bill for the relief of W. B. Greeley (Rept. No. 153); and

S. 1068. A bill for the relief of Earl W. Thomas (Rept. No. 154).

Mr. ELLENDER, from the Committee on Claims, to which was referred the bill (H. R. 635) for the relief of Mary Daley, reported it with an amendment and submitted a report (No. 155) thereon.

Mr. TOWNSEND, from the Committee on Claims, to which were referred the following bills, reported them severally without amendment and submitted reports thereon:

H. R. 1096. A bill for the relief of Michael E. Sullivan (Rept. No. 156);

H. R. 1097. A bill for the relief of Brook House, Ltd., of Sydney, Australia (Rept. No. 157); and

H. R. 1098. A bill for the relief of William L. Jenkins (Rept. No. 158).

Mr. TOWNSEND also, from the Committee on Claims, to which was referred the bill (H. R. 1245) for the relief of Malinda J. Mast and William Lee Mast, reported it with an amendment and submitted a report (No. 159) thereon.

Mr. LOGAN, from the Committee on Claims, to which were referred the following bills, reported them each without amendment and submitted reports thereon:

S. 315. A bill for the relief of George W. Hanna and Bertha M. Hanna (Rept. No. 160); and

H. R. 601. A bill for the relief of Edna M. Callahan and Anna Scott (Rept. No. 161).

Mr. LOGAN also, from the Committee on Claims, to which were referred the following bills, reported them each with an amendment and submitted reports thereon:

S. 1057. A bill for the relief of Joseph A. Ganong (Rept. No. 162); and

H. R. 2773. A bill to authorize the settlement of individual claims for personal property lost or damaged arising out of the activities of the Civilian Conservation Corps which have been approved by the Secretary of War (Rept. No. 163).

Mr. SCHWARTZ, from the Committee on Claims, to which was referred the bill (S. 118) for the relief of Harry D. McIntosh, reported it with an amendment and submitted a report (No. 165) thereon.

Mr. BROWN of Michigan, from the Committee on Claims, to which was referred the bill (S. 843) for the relief of Guy F. Allen, chief disbursing officer, Division of Disbursement, Treasury Department, reported it without amendment and submitted a report (No. 166) thereon.

He also, from the same committee, to which was referred the bill (S. 792) for the relief of Sam Larson, guardian of Margaret Larson, a minor, reported it with amendments and submitted a report (No. 167) thereon.

Mr. CONNALLY, from the Committee on Public Buildings and Grounds, to which was referred the bill (S. 1170) to pro

1953

vide for the extension and completion of the United States Capitol, reported it with amendments and submitted a report (No. 164) thereon.

TECHNICAL TRIPARTITE TEXTILE CONFERENCE——REPORT, COMMIT TEE ON APPROPRIATIONS

Mr. MCKELLAR. Mr. President, from the Committee on Appropriations I report back favorably, without amendment, House Joint Resolution 252, to aid in defraying the expenses of the International Labor Office incident to holding its Technical Tripartite Textile Conference here in Washington. and I submit a report (no. 168) thereon.

As the report shows, Mr. President, the enactment of this measure is recommended by the President. Some haste is asked for because of the imminence of the conference itself. The measure appropriates only $15,000 for the purpose.

I ask unanimous consent that the joint resolution be taken up for consideration at this time and passed.

The PRESIDING OFFICER. The clerk will read the joint resolution by title.

The joint resolution (H. J. Res. 252) to aid in defraying the expenses of the International Labor Office incident to holding its Technical Tripartite Textile Conference was read by its title.

Mr. McNARY. Mr. President, a parliamentary inquiry. The PRESIDING OFFICER. The inquiry will be stated. Mr. McNARY. Have we concluded the routine morning business?

The PRESIDING OFFICER. The routine morning business has not as yet been concluded. Mr. McNARY. I object.

The PRESIDING OFFICER. The Senator from Tennessee is favorably reporting the joint resolution. The question whether or not it should be taken up for consideration now is one for unanimous consent. The report will be filed, and the joint resolution will be placed on the calendar.

REGULATION OF TRAFFIC IN FOOD, DRUGS, AND COSMETICS-
AMENDED REPORT OF COMMITTEE ON COMMERCE

Mr. COPELAND, from the Committee on Commerce, submitted, in lieu of Senate Report No. 91, heretofore withdrawn, an amended report (No. 152) to accompany the bill (S. 5) to prevent the adulteration, misbranding, and false advertisement 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, heretofore reported from that committee with amendments.

BILLS INTRODUCED

Bills were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows: By Mr. GILLETTE:

A bill (S. 1783) to correct the enlistment record of Robert O. Anderson; to the Committee on Military Affairs. By Mr. GUFFEY:

A bill (S. 1784) granting an increase of pension to Leah Jones; to the Committee on Pensions.

By Mr. ELLENDER:

A bill (S. 1785) to provide for cooperation between agencies of the Government in the purchase and sale of agricultural lands, and for other purposes; to the Committee on Agriculture and Forestry.

(Mr. ELLENDER introduced Senate bill 1786, which was referred to the Committee on Finance, and appears under a separate heading.)

By Mr. COPELAND:

A bill (S. 1787) to place warrant officers of the Coast Guard in the same status with warrant officers of the Navy as to being commissioned chief warrant officers upon length of service; to the Committee on Commerce.

By Mr. DUFFY:

A bill (S. 1788) for the relief of William J. Schwarze; to the Committee on Claims.

By Mr. NYE:

A bill (S. 1789) for the relief of Roland L. Mackin; to the Committee on Claims,

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Mr. COPELAND, from the Committee on Commerce, submitted, in lieu of Senate Report No. 91, the following

AMENDED REPORT

[To accompany S. 5]

The Committee on Commerce, to whom was referred the bill (S. 5) to prevent the adulteration, misbranding, and false advertisement 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 which was heretofore reported with certain amendments, submit herewith an amended report and recommend that the bill, as amended, do pass. The amendments are incorporated in the bill as reported.

This bill has been prepared with three basic principles in mind: First, it must not weaken the existing laws; second, it must strengthen and extend that law's protection of the consumer; and, third, it must impose on honest industrial enterprise no hardship which is unnecessary or unjustified in the public interest.

This bill meets these three principles. It has been prepared after many and extensive conferences with the enforcement agencies of the Government and with representatives of various consumer groups or associations, professional groups, and the industries to be regulated. Separately called meetings were held with representatives of the food, drug, and cosmetic industries. Letters inviting suggestions were sent to many persons known to be interested in the subject. Several volumes of suggestions have been received from persons in the groups just mentioned. These suggestions have been carefully studied; many of them rejected; some accepted; some accepted in part or in effect. The hearings which have been held by committees of the Senate and House of Representatives on previous bills in former sessions of the Congress have been reviewed and studied to take advantage of the information and discussions contained in them.

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The legislative effort to secure a better law on this subject began in June 1933, with the introduction of S. 1944. Since that time there have been many bills and many revisions of bills. There have been numerous hearings by committees of the Congress. The subject has been debated on the floors of Congress, in the press, throughout the industries, and by the public. This study has gone on over a period of 31⁄2 years. In the preparation of the present bill there has been an earnest, painstaking effort to take advantage of what light has been shed from these various courses.

This bill is presented with the confident assurance that, insofar as it is possible, all the known facts have been utilized, and that the measure is capable of accomplishing the purposes declared for it. And it is a fair bill which will enable honest business to be carried on without interference, except such as is necessary to safeguard the public health.

It must be realized that the preparation of a bill which affects so many and such varied industrial interests in intricate and technical particulars, and which concerns and appeals to so many, including consumers and others not immediately in the businesses affected, necessarily presents a task of almost indescribable difficulty. It only natural that many emphasize their immediate concerns without proportionate regard to the rights of others in matters which do not directly interest them. Many advance their particular interests. without consideration for the technical and legal requirements that are presented in the preparation of a bill.

Conflict also develops in the clash of extreme positions. There are some who would give no regard whatever to the fairness of the bill's application to business. Unfortunately, there are some who give no regard, or very little, to the effectiveness of the bill for protection of the consumer. It should be said with emphasis that all business does not fall in that latter class. Business has not been unsympathetic to the effort for a better law. Strong support for a better law exists in the industries affected.

Considering the variety and diversity of interest, the unavoidable controversies that honestly arise among these interests, a so-called perfect bill hardly can be forniulated. This bill is not a thing of perfection. It simply represents an earnest effort to serve its declared purposes. It is introduced in the hope that all who desire to see its purposes accomplished and all who are friends of the movement for a better law, will give it unbiased, impartial, and careful consideration, and, after so doing, will see their way clear to support and advocate its enactment.

It will be noted that the sequence has been changed from that of previous bilis. This has been done with a view to making it simpler to read, both while it is a bill and later as a law, when it will be constantly examined by enforcement officials, courts, and lawyers. It was thought that it would be an advantage to have the prohibited acts and the enforcement machinery put in the forepart of the bill so that one may quickly learn those requirements, and then move deeper into the bill for details on the particular problem in which he is interested.

The bill has been made shorter and less verbose than previous bills. That has been done without deleting any effective provisions. It has

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