(Cong. Record, September 24, 1929; Page, Daily 4087; Permanent 3906)

The VICE PRESIDENT. The question will be stated before the vote is taken so that there will be no mistake about it.

The CHIEF CLERK. The committee proposes, in section 526, page 428, in line 14, after the word "act," to strike out the words "unless written consent of the owner of such trade-mark is produced at the time of making entry." The yeas and nays have been ordered, and the

The VICE PRESIDENT. Secretary will call the roll.

The Chief Clerk proceeded to call the roll. Mr. SMITH (when his name was called). senior Senator from Indiana [Mr. WATSON]. vote.

The roll call was concluded.

I have a general pair with the

In his absence I withhold my

Mr. FESS. I desire to announce the following general pairs:

The senior Senator from Massachusetts [Mr. GILLETT] with the senior Senator from New York [Mr. COPELAND]; and

The senior Senator from New Hampshire [Mr. MOSES] with the junior Senator from Louisiana [Mr. BROUSSARD].

Mr. SHEPPARD. I desire to announce that the senior Senator from Arkansas [Mr. ROBINSON] and the senior Senator from Nevada [Mr. PITTMAN] are necessarily detained from the Senate on official business.

Mr. ROBINSON of Indiana. I have a general pair with the junior Senator from Mississippi [Mr. STEPHENS]. In his absence, not knowing how he would vote on this question, I withhold by vote.

Mr. SIMMONS. I have a general pair with the junior Senator from Ohio [Mr. BURTON]. That Senator is absent and I am unable to get a transfer. Therefore I withhold my vote. If I were at liberty to vote, I would vote "nay." The result was announced-yeas 46, nays 31, as follows:

PRESIDENTIAL POWER

Equalization of Competitive Conditions (so-called flexible

provisions)

MR. FLETCHER'S AMENDMENT (TO MR. SIMMONS'S SUBSTITUTE FOR MR. SMOOT'S SUBSTITUTE FOR SECTION 336, WITH REFERENCE TO THE FLEXIBLE PROVISIONS) TO MAKE EFFECTIVE BY PRESIDENTIAL PROCLAMATION, CHANGES IN RATES OF DUTY RECOMMENDED BY THE TARIFF COMMISSION SHOULD CONGRESS FAIL TO TAKE ACTION THEREON WITHIN THREE MONTHS

(Cong. Record, October 2, 1929; page, Daily, 4376; Permanent, 4149)

Mr. SIMMONS. Mr. President, the clerk has not read the first provision, which is a repeal of the present section of the tariff.

The VICE PRESIDENT. The Chair will announce that if the amendment is agreed to it repeals the provision referred to by the Senator from North Carolina.

Mr. SIMMONS. Very well. I want to have that understood.

The legislative clerk resumed and concluded reading Mr. SIMMONS's amendment, which is entire as follows:

In lieu of the matter proposed to be inserted by the amendment of Mr. SMOOT as a substitute for section 336 (p. 319, line 10, to and including line 12 on p. 326) insert the following:

SEC. 336. Recommendations for adjustment of duties: (a) Upon its own motion or upon application of any interested party showing good and sufficient reason therefor, the commission shall investigate and ascertain the differences in the cost of production of any domestic article and of any like or similar foreign article. If the commission finds it shown by the investigation that the duty imposed by law upon the foreign article does not equalize the differences in the cost of production of the domestic article and of the foreign article when produced in the principal competing country or countries, then the commission shall report to the President and to the Congress such increases or decreases in the duty upon the foreign article as the commission finds to be necessary in order to equalize such differences in the cost of production. Any such increased or decreased duty may include the transfer of the article from the dutiable list to the free list or from the free list to the dutiable list, a change in the form of duty, or a change in classification. The report shall be accompanied by a statement of the commission setting forth the findings of the commission with respect to the differences in costs of production, the elements of cost included in the cost of production of the respective articles as ascertained by the commission, and any other matter deemed pertinent by the commission,

The President, upon receipt of any such report of the commission, shall promptly transmit the report to the Congress with his recommendations, if any, with respect to the increase or decrease in duty proposed by the commission.

Any bill having for its object the carrying out, in whole or in part, of the recommendations made by the commission in any such report shall not include any item not included in such report; and in the consideration of such bill, either in the House of Representatives or in the Senate, no amendment thereto shall be considered which is not germane to the items included in such report.

(b) No report shall be made by the commission under this section unless the determination of the commission with respect thereto is reached after an investigation by the commission during the course of which the commission shall have held hearings and given reasonable public notice of such hearings, and reasonable opportunity for the parties interested to be present, produce evidence, and to be heard. The commission is authorized to adopt such reasonable rules of procedure as may be necessary to execute its functions under this section.

(c) In ascertaining the differences in costs of production under this section the commission shall take into consideration, in so far as it finds it practicable

(1) The differences in conditions of production, including wages, costs of materials, and other items in cost of production of like or similar articles in the United States and in competing foreign countries;

(2) Costs of transportation;

(3) Other costs including the cost of containers and coverings of whatever nature, and other charges and expenses incident to placing the article in condition, packed ready for delivery, storage costs in the principal market or markets of the United States and of the principal competing country or countries, and costs of reconditioning or repacking wherever incurred;

(4) Differences between the domestic and foreign article in packing and containers, and in condition in which received in the principal markets of the United States;

(5) Differences in wholesale selling prices of domestic and foreign articles in the principal markets of the United States in so far as such prices are indicative of costs of production, provided such costs can not be satisfactorily obtained;

(6) Advantages granted to a foreign producer by a foreign government or by a person, partnership, corporation, or association in a foreign country; and

(7) Any other advantages or disadvantages in competition which increase or decrease in a definitely determinable amount the total cost at which domestic or foreign articles may be delivered in the principal market or markets of the United States.

The VICE PRESIDENT. The yeas and nays have been ordered.

Mr. FLETCHER. Mr. President, I desire to offer the following amendment to the amendment. At the conclusion of paragraph 2, page 2, strike out the period following the word "Commission" and insert a comma and the following language:

And if Congress fails or refuses to take any action thereon within three months and complete such action within four months thereafter, the President is authorized, by proclamation, to put into effect the changes in the rates of duty in accordance with his recommendation to Congress: Provided, Such changes in rates shall not exceed 50 per cent of the rates of duty provided in the law, either as to increases or decreases; but this proviso shall not apply to the free list.

Mr. SIMMONS. Mr. President, I am not able to accept the amendment offered by the Senator from Florida, because I think it violates the principle upon which Senators are favoring my amendment.

Mr. FLETCHER. Mr. President, I am not going to take time to discuss my amendment to the amendment. It is to meet a situation which I conceive will arise in two-thirds of the cases that may be submitted to Congress. The substitute provides that the Tariff Commission shall report to the President and that the President shall transmit that report to Congress with his recommendations respecting any increases or decreases in the rates of duty. Now, if that recommendation is satisfactory to the Congress, there is no need for any congressional action at all. The evidence that Congress finds it satisfactory will be established by the failure or declination of Congress to act within three months after the recommendation is made to it. I think that will meet probably two-thirds of the cases which will be presented. There is no need for congressional action in such cases. Congress will signify its acquiescence in the President's recommendation by simply declining to do anything for three months after the recommendation is laid before it.

The VICE PRESIDENT. The question is upon the amendment proposed by the Senator from Florida to the amendment of the Senator from North Carolina as modified.

Mr. MOSES. Let us have the yeas and nays.

The yeas and nays were ordered, and the legislative clerk proceeded to call the roll.

Mr. FESS (when Mr. BURTON's name was called). Upon this vote my colleague the junior Senator from Ohio [Mr. BURTON] is paired with the senior Senator from Minnesota [Mr. SHIPSTEAD]. If the Senator from Ohio were present and permitted to vote, he would vote yea," and, I understand, that, if present and permitted to vote, the Senator from Minnesota would vote

66

66

nay.”

Mr. ODDIE (when his name was called). On this question I have a pair with the Senator from South Dakota [Mr. NORBECK). If he were present, he would vote "nay,” and if I were permitted to vote I should vote "yea.”

The roll call was concluded.

66

Mr. FESS. On this question the Senator from Kentucky [Mr. SACKETT] is paired with the Senator from Missouri [Mr. HAWES]. I understand the Sena tor from Kentucky, if present and permitted to vote, would vote yea and the Senator from Missouri, if present and permitted to vote, would vote "nay." The result was announced-yeas 42, nays 47, as follows:

So Mr. FLETCHER'S amendment to the amendment of Mr. SIMMONS, as modified, was rejected.

PRESIDENTIAL POWER

Equalization of Competitive Conditions (so-called flexible

provisions)

MR. TRAMMELL'S AMENDMENT (TO MR. SIMMONS'S SUBSTITUTE FOR MR. SMOOT'S SUBSTITUTE FOR SECTION 336, WITH REFERENCE TO THE FLEXIBLE PROVISIONS) TO MAKE EFFECTIVE PRESIDENTIAL PROCLAMATION OF CHANGES IN RATES OF DUTY RECOMMENDED BY THE TARIFF COMMISSION SHOULD EITHER HOUSE OF CONGRESS, BY RESOLUTION, FAIL TO ACT WITHIN SIX MONTHS

(Cong. Record, October 2, 1929; page, Daily, 4377; Permanent, 4150)

Mr. TRAMMELL. Mr. President, I offer an amendment to the amendment. The VICE PRESIDENT. The Senator from Florida will send it to the desk, and the Secretary will state it.

The LEGISLATIVE CLERK. In the amendment of the Senator from North Carolina [Mr. SIMMONS], as modified, on page 4, after line 25, it is proposed to add the following:

(d) That if Congress within six months after the date of the receiving of such report and recommendation from the President fails to act thereon, either by an act of both Houses or a resolution by either House of Congress, the President may, by proclamation, declare and fix such increase or decrease in rates of duty as recommended by him to Congress: Provided, That the total increase or decrease of such rates of duty shall not exceed 50 per cent of the rates specified in title 1 of this act, or in any amendatory act: And provided further, That 30 days after the date of such proclamation by the President the rates of duty so fixed by his proclamation shall be the duty thereafter imposed and collected upon the articles covered by his proclamation.

The VICE PRESIDENT. The question is on agreeing to the amendment of the Senator from Florida [Mr. TRAMMELL] to the amendment of the Senator from North Carolina [Mr. SIMMONS], as modified.

Mr. TRAMMELL. Mr. President, the amendment proposed by me to the amendment of the Senator from North Carolina in policy resembles that which was offered by my colleague [Mr. FLETCHER], but in its terms it is somewhat different. The amendment to the amendment provides that the President shall transmit his recommendation and the report of the Tariff Commission to Congress, and if the House or the Senate, acting alone, fails to adopt a resolution within the 6-month period, or if both Houses fail to pass an act upon his recommendation, that then the Persident may have the authority to issue his proclamation providing for the increase or decrease in the rate as recommended in his message to the Congress.

Mr. SIMMONS. Mr. President, I can not accept the amendment of the Senator from Florida to my amendment. It involves exactly the same principle as the amendment we have just voted down.

The VICE PRESIDENT. The question is on agreeing to the amendment offered by the Senator from Florida [Mr. TRAMMELL] to the amendment of the Senator from North Carolina [Mr. SIMMONS] as modified.

Mr. WATSON. Mr. President, on this question I demand the yeas and nays.

The yeas and nays were ordered, and the legislative clerk proceeded to call the roll.

Mr. FESS (When Mr. BURTON's name was called). On this question my colleague, the junior Senator from Ohio [Mr. BURTON] is paired with the senior Senator from Minnesota [Mr. SHIPSTEAD]. Were the junior Senator from Ohio present he would vote "yea," and the senior Senator from Minnesota, if present, would vote "nay."

Mr. ODDIE (when his name was called). On this question I have a pair with the senior Senator from South Dakota [Mr. NORBECK]. If he were present, he would vote "nay," and if I were permitted to vote I should vote "yea." Mr. FESS (when Mr. SACKETT's name was called). On this question the senior Senator from Kentucky [Mr. SACKETT] is paired with the senior Senator from Missouri [Mr. HAWES]. If the senior Senator from Kentucky were present, he would vote "yea," and the senior Senator from Missouri, if present, would vote "nay."

The roll call having been concluded, the result was announced—yeas 41, nays 48, as follows:

So. Mr. TRAMMEL'S amendment to the amendment of Mr. SIMMONS, as modified, was rejected.

PRESIDENTIAL POWER

Equalization of Competitive Conditions (so-called flexible

provisions)

MR. SIMMONS'S SUBSTITUTE (FOR MR. SMOOT'S SUBSTITUTE FOR SECTION 336, WITH REFERENCE TO THE FLEXIBLE PROVISIONS) PROVIDING THAT THE TARIFF COMMISSION SHALL REPORT TO THE PRESIDENT AND CONGRESS AS TO NECESSARY CHANGES IN RATES OF DUTY TO EQUALIZE THE COST OF PRODUCTION; TO ELIMINATE THE POWER OF THE PRESIDENT TO PROCLAIM THEM, AND CONFINING BILLS TO CARRY OUT SUCH RATES EXCLUSIVELY TO THE ITEMS INCLUDED IN THE COMMISSION'S REPORT, ETC.

(Cong. Record, October 2, 1929; page, Daily, 4377; Permanent, 4150)

Mr. SMOOT. With no change. It is a substitute for section 336, beginning on page 319 of the bill.