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PROCEEDINGS AND DEBATES OF THE SIXTY-SEVENTH CONGRESS FOURTH SESSION.

SENATE.

SATURDAY, March 3, 1923.

The Senate met at 11 o'clock a. m.

of life with a crown of thorns upon his row, bearing a cross to his Calvary, beholding the world through, a mist of tears. He loved his country unselfishly, and he served it nobly and with unfaltering faith. His spirit knew neither malice nor hatred; no impulse of vengeance ever sought refuge in his

The Chaplain, Rev. J. J. Muir, D. D., offered the following bosom. He was gentle of speech, sympathetic, charitable, com

prayer:

passionate, patient, tender, brave. Destiny made him the broken-hearted commander in chief of an embattled Nation turned against his native South; duty drove him though the tragic ordeal; and at the end fate struck him down and left even his estranged kinsmen bowed and dumb above his peostrate form. History reveals no counterpart of Abraham’Líus

Our Father, we thank Thee for every remembrance of our needs, for the pathway ordained for our feet, and the duties which come to us day by day. We would ask Thy guidance through this day's session with its multiplied responsibilities. And when the time comes for separation we pray for journeying mercies. Grant this unto each of Thy servants on his home-coln. In body, heart, soul, and mind, as well as in the fatefu ward way, and so through the months coming may heavenly guidance be realized, and in all his ways may there be the recognition of the God who loves and cares for us. Hear and help us and direct us to Thine own glory. Through Jesus Christ, our Lord. Amen.

The reading clerk proceeded to read the Journal of yester

day's proceedings, when, on request of Mr. CURTIS, and by unanimous consent, the further reading was dispensed with and the Journal was approved.

SALE OF REAL PROPERTY.

career that God marked out for him, the world has had no other like him among all its sons who have led mankind, from Eden to Versailles. The pyramids in time may sink beneath the desert sands, the temples of the earth crumble in the dust of ages, the fame of the Cæsars vanish in the darkness of oblivion, but surely so long as the race endures it will behold silent, colossal, with agony written in the lines of his kindly in the familiar figure of this martyred son-strange, gaunt, face and love glowing in his wistful eyes-the saddest, gentlest, and most pathetic figure in all human history.

DEPARTMENTAL USE OF AUTOMOBILES.

The VICE PRESIDENT laid before the Senate a communication from the Acting Secretary of Labor, reporting, in further response to Senate Resolution 399, agreed to January 6, 1923, relative to the automobiles and garages owned and controlled by the United States Immigration Service, which was

The VICE PRESIDENT laid before the Senate the amendments of the House of Representatives to the bill (S. 4216) authorizing the sale of real property no longer required for military purposes, which were, on page 5, to strike out lines 16 to 22, inclusive; on page 5, line 23, to strike out "3" and insert "2"; on page 5, line 23, to strike out all after “ proper-ordered to lie on the table. ties" down to and including " department," in line 25; on page 6, line 7, to strike out "4" and insert "3"; on page 6, line 23, to strike out "5" and insert "4"; on page 7, line 4, to strike out "6" and insert "5"; on page 7, line 7, to strike out "7" and insert "6"; and on page 7, line 13, to strike out "8" and insert "7."

Mr. WADSWORTH. Mr. President, one word of explanation of the House amendments to the bill. The amendments adopted by the House in effect strike out the provision which the Senate adopted, which would authorize the Secretary of War to transfer real property to other executive departments of the Government without charge. No other change is made in the list of properties to be sold. I move that the Senate concur in the House amendments.

The motion was agreed to.

TRIBUTE TO ABRAHAM LINCOLN.

CALCIUM ARSENATE (S. DOC. NO. 345).

The VICE PRESIDENT laid before the Senate a communication from the acting chairman of the Federal Trade Commission, transmitting, pursuant to Senate Resolution 417, agreed to January 23, 1923, a preliminary report setting forth certain facts regarding the calcium arsenate industry, which was referred to the Committee on Agriculture and Forestry and ordered to be printed.

REGULATION OF INTERSTATE COMMERCE (S. DOC. NO. 344). The VICE PRESIDENT laid before the Senate a communication from the chairman of the Interstate Commerce Commission, transmitting, in response to Senate Resolution 457 (agreed to February 27, 1923, and submitted by Mr. ASHURST), information relative to the administration of paragraphs (9), (10), and (11) of section 5 of the interstate commerce act, regard

by water, which was referred to the Committee on Commerce and ordered to be printed.

Mr. SHEPPARD. Mr. President, I present a tribute to Abra-ing the operation and control by railroads of common carriers ham Lincoln, by George M. Bailey, which appeared in the Houston (Tex.) Post of February 12. I ask that it may be printed in the RECORD in 8-point type. Mr. Bailey was formerly a prominent member of the House and Senate press galleries, is now connected with the editorial staff of the Houston (Tex.) Post, and is a writer of unusual eloquence and power. There being no objection, the matter was ordered to be printed in the RECORD in 8-point type, as follows:

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One hundred and fourteen years ago, according to the vague records of the event, Abraham Lincoln was born. A child of the southern wilderness, his character was molded and wrought in an environment of loneliness, sorrow, and privation. His heart bled from early youth until, under the weeping skies of a sad April morning in '65, it was drained of its last crimson drop. The joys of the world never knew him, to happiness he was a stranger, life's burdens clung to him with ever-increasing weight until death struck them from his tired shoulders. The great duties that came to him were duties of pain and sorrow; the triumphs he won were triumphs that crushed his soul with grief. Looking back upon his strange career, it almost seems as if the man stalked across the stage

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REPORT OF THE NEAR EAST RELIEF (S. DOC. NO. 343). The VICE PRESIDENT laid before the Senate a communication from the general secretary of the Near East Relief, transmitting, pursuant to law, the report of the Near East Relief for the year ended December 31, 1922, which, with the accompanying documents, was referred to the Committee on Foreign Relations and ordered to be printed.

AMENDMENT OF WAR RISK INSURANCE ACT.

Mr. McCUMBER. Mr. President, I ask that House bill 14401, which came over from the House last night, be laid before the Senate.

The bill (14401) to amend and modify the war risk insurance act was read twice by its title.

Mr. ROBINSON. Mr. President, what is the purpose and effect of the bill?

Mr. McCUMBER. I was about to ask unanimous consent that the Senate may pass upon the bill without reference to the Committee on Finance. I can very briefly state what it is and then, if there is objection, of course, it would have to be referred.

Mr. ROBINSON. Very well.

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Mr. McCUMBER. I have carefully read over the bill, which is somewhat lengthy, and also the report made thereon by the House committee. The bill is one that has been close to the hearts of the veterans of the late war, and one which they have been pressing upon the House for enactment into law. Mr. ROBINSON. May I ask the Senator if the bill has been reported or is it available for the consideration of the Senate? Mr. McCUMBER. The bill as passed the House and is here with a report. We can get the House print. If the Senator will allow me, I will very briefly state what the bill is.

Mr. ROBINSON. Iwant to see the bill itself, if possible.
Mr. McCUMBER. Copies of the bill are available.
Mr. ASHURST. Is this the so-called Sweet bill?
Mr. McCUMBER.It is the Sweet bill.

Mr. ASHURST, That identifies it.

Mr. MCCUMBER. If I may have the attention of Senators for a few moirents, I will state that H. R. 14401 is a bill to amend and modify the war risk insurance act.

Section 9 of the bill amends section 411 of the present law so that a policy of insurance shall be incontestable after it has been in force six months, instead of providing that the policy shall be incontestable six months after date of issuance or reinstatement.

I can see but very little difference in that, but under certain rulings it was thought necessary.

Section 10 provides that the Treasury is authorized to invest and reinvest United States Government life-insurance funds, or any part thereof, in interest-bearing obligations of the United States or bonds of the Federal farm-loan banks, and to sell said obligations of the United States or the bonds of the Federal farm-loan banks for the purpose of such fund.

In other words, this section simply amends section 412 of the war risk insurance act by adding the words "or bonds of the Federal farm loan bank."

In substance, those are the changes made to the existing law.

Section changes the law so that persons guilty of treason, Mr. ROBINSON. I inquire of the Senator from North Damutiny," spying, or offenses involving moral turpitude or will-kota whether the Committee on Finance has had an opporful and insistent misconduct will not be deprived of insurance tunity to consider the provisions of the bill? and compensation benefits unless they have been found guilty by Court-martial. This section is made retroactive.

Section 2 amends section 300, so that a person who is suffering any neuropsychiatric or tubercular disease developing within three years after separation from the service shall be considered to have incurred such disease while in the service. It extends the present law one year.

The bill includes those suffering from these diseases provided they have been examined by a medical officer of the bureau or legally qualified physician and found to be suffering from a disease of more than 10 per cent degree within the said three years after separation from the service.

Section 3 provides that where a veteran dies after discharge and does not leave assets to meet the expenses of his burial, the Veterans' Bureau shall pay for a flag to drape the casket, and, after burial, to be given to the next of kin, a sum not to exceed $5, and also burial expenses not to exceed $100. This provision is made applicable to veterans of all wars and then applies to those cases where the deceased has left no means.

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Mr. McCUMBER. I have stated that it has not been referred to the committee.

Mr. ROBINSON. I could not hear the Senator, because of conversations in the Chamber. The Senator presented a detailed analysis of the bill, but it was impossible to follow him, because of the continued disorder in the Chamber. I doubt if any Senator understood any material part of the Senator's statement. That, of course, was not his fault.

It is regrettable that a bill of such importance can not receive the consideration which it is entitled to by the Senate. It comes here within a few hours of the end of the session and is taken up under conditions that make it impossible for Senators to familiarize themselves with its provisions.

Mr. President, I give notice to Senators now that the business of the Senate can not proceed under the disorderly conditions that are prevailing here. I understand from the statement of the Senator from North Dakota [Mr. McCUMBER] that this bill has the approval of the American Legion, of the vet-organization for the protection of the interests of disabled veterans, and similar organizations?

Section 4 provides for transportation to be furnished erans who are receiving hospitalization facilities at the present time through the United States Veterans' Bureau. Under the present law, under a ruling of the Comptroller General, these persons, although entitled to hospitalization, are not entitled to transportation to and from hospitals. This section provides for transportation to and from hospitals as well as hospitaliza

tion.

Section 5 extends the time for obtaining a certificate of disability from the Director of the Veterans' Bureau to March 1, 1924.

Section 6 provides that no compensation shall be payable for death inflicted as a lawful punishment for crime or a military offense except one inflicted by the enemy.

Section 7 provides that insurance shall not lapse where the bureau has sufficient uncollected compensation to pay the premiums-this irrespective of whether application for reinstatement was made or not.

The second portion of this section provides that where the soldier has applied for reinstatement, and such reinstatement has been denied because of health conditions, where at the time of such application the soldier was suffering from a disease of service origin, but was not permanently and totally disabled, then the bureau is authorized to pay the soldier or his beneficiaries the amount of the insurance attempted to be reinstated, less the premiums, and so forth. (See report, page 3.)

Section 8 amends the present law whereby the payment of premiums on yearly renewable term insurance and United States Government life insurance (converted insurance)-this applies, of course, to those cases of illness or mental incompetency--on the due date may be waived, and the insurance may be deemed not to lapse in the case of those who while mentally Incompetent and for whom no legal guardian had been or has been appointed, allowed or may allow their insurance to lapse while such rating is effective during the period for which they have been or may hereafter be so rated; the waiver in such case to be made without application and retroactive where necessary.

The amendment to this section relates solely to those who are mentally incompetent and for whom no legal guardian has been appointed. If this section becomes a law their insurance will not lapse during the period of such incompetency.

Mr. McCUMBER. The Senator from Arkansas is correct in that.

Mr. ROBINSON. Has the Senator received any protests from any of those organizations or their members against the passage of the bill?

Mr. McCUMBER. I have not, and I am certain that the committee has not. Of course, the bill has not been before our committee; but I do not think there has been any objec tion urged against the bill, even in the other House.

Mr. ROBINSON. Mr. President, while I regret that no opportunity is afforded to study the provisions of the bill, I have heretofore given some consideration to them, and I have no disposition to delay the passage of the bill. I think it ought to pass.

Mr. McCUMBER. I wish to say in reply to the Senator from Arkansas that all he has stated is certainly correct. We have not now the time to give the bill the consideration which otherwise would be given to it. There are some provisions of the old law, however, that ought to be modified, and great injustice will be done unless they are modified and modified now. I can see nothing in the bill as the modification is proposed to be made that will do any injustice to the Government as I have read the bill over.

The bill could go to the committee, but if it shall be referred to the committee it would be impossible to get the members of the committee together to-day in order to act upon it. All the chairman of the committee could do would be to poll the committee, and from the mere polling the committee and its members would know nothing more about what the bill contains than the Senate knows at this time. So I hope we may be able to pass the bill at the present time, feeling certain that there can be nothing in the bill which will be injurious to the rights of the United States and that it will cure a number of defects in the old law. In the next session Congress, of course, may make any amendment which it may see fit.

Mr. ASHURST. Mr. President, if the Senator from North Dakota will permit, I desire to propound some interrogatories, the replies to which may clear away some doubt which may exist in reference to this bill. Mr. McCUMBER. Certainly.

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