MARKING OF IMPORTED ARTICLES

COMMITTEE AMENDMENT, AS MODIFIED, TO SECTION 304, REQUIRING THAT MARKING, STAMPING, ETC., OF IMPORTED ARTICLES BE AS NEARLY INDELIBLE AND PERMANENT AS THE ARTICLE WILL PERMIT, AND THAT THE SECRETARY OF THE TREASURY MAY, BY REGULATION, REQUIRE CONTAINERS ONLY BE MARKED IF MARKING WOULD INJURE THE ARTICLE

[NOTE. This vote was on the same question as the previous one concerning which there was much misunderstanding.]

(Cong. Record, September 17, 1929; pages, Daily, 3833 and 3834; Permanent, 3693)

The VICE PRESIDENT. The question is on agreeing to the committee amendment as modified, which the Secretary will state.

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The CHIEF CLERK. The committee amendment as modified is as follows: Beginning on page 284, line 19, the committee proposes to strike out the words prescribe and subject to such exceptions as may be made therein" and the period and to insert the words "prescribe. Such marking, stamping, branding, or labeling shall be as nearly indelible and permanent as the nature of the article will permit. The Secretary of the Treasury may, by regulations prescribed hereunder, except any article from the requirement of marking, stamping, branding, or labeling if such article is incapable of being marked, stamped, branded, or labeled or can not be marked, stamped, branded, or labeled without injury, or at an expense economically prohibitive of the importation, or if the marking, stamping, branding, or labeling of the immediate container of such article will reasonably indicate the country or origin of such article."

Mr. HEFLIN. Mr. President, is this the amendment that was voted on a little while ago, where it was sought to adopt the House provision instead of the Senate committee amendment?

The VICE PRESIDENT.

provision.

It is a Senate committee amendment to the House

Mr. FLETCHER. Why not vote on the other one at the same time, voting on the whole Senate committee amendment? The committee propose to insert the words "in a conspicuous place."

Mr. SMOOT. That amendment was passed over.

The VICE PRESIDENT. The question is on agreeing to the amendment as modified.

Mr. HARRISON. I ask for the yeas and nays.

The yeas and nays were ordered, and the Chief Clerk proceeded to call the roll. Mr. HATFIELD (when his name was called). I have a general pair with the junior Senator from Wisconsin [Mr. BLAINE], who is absent, I am informed that if he were present he would vote "nay." If I were permitted to vote, I would vote yea."

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Mr. JONES (when his name was called). Making the same announcement as before with reference to the necessary absence of the senior Senator from Virginia [Mr. SWANSON] and my pair with that Senator, I withhold my vote. Mr. SIMMONS (when his name was called). Making the same announcement as to my pair with the junior Senator from Ohio [Mr. BURTON] and its transfer to the junior Senator from Arkansas [Mr. CARAWAY], I vote "nay.”

Mr. WATSON (when his name was called). I have a general pair with the senior Senator from South Carolina [Mr. SMITH], which I transfer to the senior Senator from Illinois [Mr. DENEEN], and vote "yea."

The roll call was concluded.

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

The Senator from Kansas [Mr. ALLEN] with the Senator from Montana [Mr. WHEELER];

The Senator from Iowa [Mr. BROOKHART] with the Senator from Wyoming [Mr. KENDRICK];

The Senator from Rhode Island [Mr. HEBERT] with the Senator from New York [Mr. COPELAND]; and

The Senator from Indiana [Mr. ROBINSON] with the Senator from Mississippi [Mr. STEPHENS].

Mr. TYDINGS. On this vote I have a general pair with the senior Senator from Rhode Island [Mr. METCALF]. Not knowing how he would vote, in his absence I withhold my vote, being unable to obtain a transfer. If permitted to vote, I would vote "nay."

The result was announced-yeas 40, nays 32, as follows:

Goldsborough
Gould
Greene
Hale

Waterman

So the amendment of the committee as modified was agreed to.

WHEAT-MILLED IN BOND

COMMITTEE AMENDMENT TO STRIKE OUT THE HOUSE TEXT IMPOSING ON IMPORTED WHEAT MILLED INTO FLOUR IN BONDED WAREHOUSES, THE PAYMENT OF A DUTY EQUAL TO ANY REDUCTION OF DUTY GRANTED BY THE COUNTRY TO WHICH IT IS EXPORTED

(Cong. Record, September 20, 1929; page, Daily 3975; Permanent 3826)

The VICE PRESIDENT. They are separate amendments but related. So the first vote will be on the pending amendment of the committee to strike out lines 23, 24, and 25 at the bottom of page 294 and lines 1, 2, 3, and 4 at the top of page 295, in the following words:

No flour, manufactured in a bonded manufacturing warehouse from wheat imported after 90 days after the date of the enactment of this act, shall be withdrawn from such warehouse for exportation without payment of a duty on such imported wheat equal to any reduction in duty which by treaty will apply in respect of such flour in the country to which it is to be exported.

The VICE PRESIDENT. The Secretary will call the roll.
The Chief Clerk proceeded to call the roll.

Mr. BARKLEY (when his name was called). On this question I have a pair with my colleague [Mr. SACKETT]. I am informed that if he were present he would vote against the committee amendment. If at liberty to vote, I should vote for it. In his absence I withhold my vote.

Mr. HARRISON (when his name was called). On this question I am paired with the senior Senator from Colorado [Mr. PHIPPS] and withhold my vote. Mr. McKELLAR (when his name was called). On this question I have a pair with the junior Senator from Delaware [Mr. TOWNSEND]. I transfer that pair to the junior Senator from Utah [Mr. KING] and will vote. I vote "nay."

Mr. METCALF (when his name was called). I have a general pair with the senior Senator from Maryland [Mr. TYDINGS]. Not knowing how he would vote, I withhold my vote. If at liberty to vote, I should vote "yea."

Mr. WATSON (when the name of Mr. ROBINSON of Indiana was called). I desire to announce the unavoidable absence from the city of my colleague [Mr. ROBINSON]. He is paired with the junior Senator from Mississippi [Mr. STEPHENS].

Mr. SIMMONS (when his name was called). I have a general pair with the junior Senator from Ohio [Mr. BURTON]. I transfer that pair to the junior Senator from Arkansas [Mr. CARAWAY] and will vote. I vote "nay."

Mr. WATSON (when his name was called). I have a general pair with the senior Senator from South Carolina [Mr. SMITH], which I transfer to the junior Senator from Rhode Island [Mr. HEBERT], and will vote. I vote "yea." The roll call was concluded.

Mr. WALSH of Montana. My colleague [Mr. WHEELER] is unavoidably absent. If he were present, he would vote nay.” He is paired with the Senator from New Jersey [Mr. EDGE], who, if present, would vote "yea."

Mr. McMASTER. I desire to announce that my colleague the senior Senator from South Dakota [Mr. NORBECK] is unavoidably detained. On this question he has a pair with the senior Senator from New York [Mr. COPELAND]. If my colleague were present, he would vote “nay,” and I understand that if the senior Senator from New York were present he would vote "yea."

Mr. BLEASE. I have a pair with the Senator from Connecticut [Mr. BINGHAM]. I transfer that pair to the Senator from Florida [Mr. TRAMMELL] and will vote. I vote 66 nay.”

Mr. HARRISON. My colleague the junior Senator from Mississippi [Mr. STEPHENS] is absent on account of sickness in his family. He is paired with the junior Senator from Indiana [Mr. ROBINSON].

Mr. GEORGE. I desire to announce the unavoidable absence of the Senator from Utah [Mr. KING] because of illness.

Mr. FESS. I desire to announce that the senior Senator from New Hampshire [Mr. MOSES] is paired with the junior Senator from Louisiana [Mr. BROUSSARD].

Mr. FLETCHER. I desire to announce that my colleague [Mr. TRAMMELL} is detained from the Senate by illness.

The result was announced-yeas 18, nays 51, as follows:

SHIPOWNERS' LIABILITY

COMMITTEE AMENDMENT TO STRIKE OUT OF THE HOUSE TEXT "OR THE OWNER OF SUCH VESSEL OR VEHICLE," WHICH WOULD RELIEVE SHIPOWNERS FROM LIABILITY WHEN GOODS ARE FOUND THAT ARE NOT IN THE MANIFEST

[NOTE. This vote was reconsidered and the amendment adopted, as Senators generally were under the impression the vote was on a similar amendment on the next page with reference to smoking opium. The amendment having application to opium was defeated by a viva voce vote. See pages 3865-66 Permanent Record.]

(Cong. Record, September 23, 1929; page, Daily 4023; Permanent 3865)

The VICE PRESIDENT. The Secretary will state the pending amendment. The CHIEF CLERK. The first amendment of the committee to section 584 is, on page 446, line 13, to strike out the words "or the owner of such vessel or vehicle."

The VICE PRESIDENT.

The Secretary will call the roll.

The Chief Clerk proceeded to call the roll.

Mr. BLAINE (when his name was called). I have a general pair with the junior Senator from West Virginia [Mr. HATFIELD]. I understand if he were present and voting he would vote "yea." Whether that be correct or not, I refer the question to the senior Senator from West Virginia [Mr. GoFF]. If I were permitted to vote, I should vote "nay."

Mr. GOFF. Mr. President, I understand that if the junior Senator from West Virginia [Mr. HATFIELD] were present he would vote "nay"; and I make the statement in view of the inquiry made by the Senator from Wisconsin [Mr. BLAINE].

Mr. BLAINE. In view of the statement made by the senior Senator from West Virginia in respect to his colleague, that the junior Senator from West Virginia [Mr. HATFIELD], if present, would vote the same way that I intend to vote, I desire to be recorded. I vote nay.”

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Mr. SCHALL (when Mr. SHIPSTEAD's name was called). My colleague the senior Senator from Minnesota [Mr. SHIPSTEAD] is still unable to be here on account of illness. I ask that this announcement may stand for the day.

Mr. SIMMONS (when his name was called). I have a general pair with the junior Senator from Ohio [Mr. BURTON]. He is absent, I understand, on account of illness. In his absence I withhold my vote.

Mr. WATSON (when his name was called). I have a general pair with the senior Senator from South Carolina [Mr. SMITH]. If he were present, I do not know how he would vote. I am unable to obtain a transfer, and therefore withhold my vote. If permitted to vote, I should vote "yea."

The roll call was concluded.

Mr. ROBINSON of Indiana. I have a general pair with the Senator from Mississippi [Mr. STEPHENS], and therefore withhold my vote.

Mr. GLASS. I have a general pair with the senior Senator from Connecticut [Mr. BINGHAM]. In his absence, and not knowing how he would vote if present, I withhold my vote. If at liberty to vote, I should vote "nay."

Mr. BROUSSARD. I have a general pair with the Senator from New Hampshire [Mr. MOSES]. I am told if present he would vote the same way I intend to vote. I will therefore vote. I vote yea."

Mr. WALSH of Massachusetts. I desire to state that the junior Senator from Utah [Mr. KING] is absent on account of illness. If he were present, he would vote "yea."

Mr. MCKELLAR (after having voted in the negative). I have a general pair with the junior Senator from Delaware [Mr. TowNSEND], who is absent. I transfer that pair to the senior Senator from Minnesota [Mr. SHIPSTEAD], who, as I am advised, if present, would vote as I have voted, and will let my vote stand.

Mr. FESS. I desire to announce that the Senator from Connecticut [Mr. 'WALCOTT] is paired with the Senator from South Dakota [Mr. NORBECK]. The result was announced-yeas 23, nays 54, as follows:

Mr. ROBINSON of Arkansas. Mr. President, the vote that was taken and the debate which has been had related, or should have related, to the amendments on page 447. In the paragraph on page 447 the subject of smoking opium, as stated by the Senator from Montana, is dealt with. On page 446 the amendments now under consideration relate to the question as to whether owners of vessels shall be held liable in case other property not manifested shall be found on their ships.

TRADE-MARKED IMPORTED MERCHANDISE

COMMITTEE AMENDMENT TO STRIKE OUT THE EXCEPTION WHICH WOULD PERMIT THE IMPORTATION OF MERCHANDISE BEARING AMERICAN TRADE-MARKS IF WRITTEN CONSENT OF THE TRADE-MARK OWNER IS PRODUCED AT THE TIME OF MAKING ENTRY, THUS COMPELLING THE MANUFACTURE IN THE UNITED STATES OF ARTICLES THE TRADE-MARKS OF WHICH ARE REGISTERED UNDER OUR TRADE-MARK LAWS

The House text was as follows:

It shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trade-mark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent Office by a person domiciled in the United States, under the provisions of the act entitled An act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same," approved February 20, 1905, as amended, and if a copy of the certificate of registration of such trade-mark is filed with the Secretary of the Treasury, in the manner provided in section 27 of such act, unless written consent of the owner of such trade-mark is produced at the time of making entry."

The Senate committee amendment was to strike out the comma and the words "unless written consent of the owner of such trade-mark is produced at the time of making entry."