factured if exported in the raw material would have been entitled to receive a debenture therefor, to be exported was produced in the United States and the agricultural commodity and the manufactured food product or any product manufactured from cotton or tobacco if the cotton or tobacco out of which it is manufactured if exported in the raw material would have been entitled to receive a debenture therefor, have not previously been exported therefrom. (c) An export debenture, when presented by the bearer thereof within one year from the date of issuance, shall be receivable at its face value by any collector of customs, or deputy collector of customs, or other person authorized by law or by regulation of the Secretary of the Treasury to perform the duties of collector of customs, in payment of duties collectible against articles imported by the bearer. Title to any export debenture shall be transferable by delivery. In order to prevent any undue speculation in the handling of such export debentures, the Secretary of the Treasury is authorized and directed, under such rules and regulations as he may prescribe, to provide for the redemption of such export debentures from any money in the Treasury derived from the payment of duties collectible against articles imported into the United States at a rate of not less than 98 per cent of the face value of such export debentures. (d) Debenture rates in effect at any time with respect to any agricultural commodity shall be one-half the rate of duty in effect at such time with respect to imports of such commodity, except that so long as no import duty is imposed on cotton the debenture rate thereon shall be 2 cents per pound. The debenture rate in effect at any time with respect to any manufactured food product of any agricultural commodity or any product manufactured from cotton or tobacco if the cotton or tobacco out of which it is manufactured if exported in the raw material would have been entitled to receive a debenture therefor, shall be an amount sufficient, as nearly as may be, to equal the debenture that would be issuable upon the exportation of the quantity of the agricultural commodity consumed in the manufacture of the exported manufactured food product, or any product manufactured from cotton or tobacco if the cotton or tobacco out of which it is manufactured if exported in the raw material would have been entitled to receive a debenture therefor, as prescribed and promulgated from time to time by said board. (e) Regulations requiring that metal tags or other appropriate markings be placed on all bales of cotton produced in foreign countries and allowed transit through the United States for exportation, may be prescribed by the Secretary of the Treasury. Every person who violates any such regulation of said board shall be liable to a civil penalty of $100 for each such offense. Such penalty may be recovered in a civil suit brought by said board in the name of the United States. Ex (f) The Secretary of the Treasury shall prepare and issue all export debentures. port debentures issued under authority of this act shall be obligations of the United States within the definition in section 147 of the act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, as amended (U. S. C., title 18, sec. 261). (g) Any person who shall make any false statement for the purpose of fraudulently procuring, or shall attempt in any manner fraudulently to procure, the issuance or acceptance of any export debenture, whether for the benefit of such person or of any other person, shall be fined not more than $2,000 or imprisoned not more than one year, or both. (h) In order to prevent undue stimulation in the production of any debenturable agricultural commodity, whenever said board finds that the production of any debenturable agricultural commodity during any crop year has exceeded the average annual production of such debenturable agricultural commodity for the preceding five years said board shall by proclamation prescribe that during the next succeeding year the export debenture rates for such commodity shall be reduced by the percentage hereinafter fixed. Such reductions shall become effective on the date fixed in such proclamation, not less than 60 days from the date of the issuance thereof, and shall remain in effect throughout such succeeding crop year. The term "crop year," as used in this section, means a 12 months' period beginning at a time designated by said board. Reductions in debenture rates under this section shall be made in accordance with the following percentages: (1) For an increase in production of less than 20 per cent, there shall be no reduction. (2) For an increase in production of 20 per cent but less than 40 per cent, there shall be a reduction of 20 per cent. (3) For an increase in production of 40 per cent but less than 60 per cent, there shall be a reduction of 50 per cent. (4) For an increase in production of 60 per cent but less than 90 per cent, there shall be a reduction of 75 per cent. (5) For an increase in production of 90 per cent or more, there shall be a reduction of 99 per cent. * * * * The VICE PRESIDENT. The hour of 1 o'clock having arrived, under the unanimous-consent agreement the question is on agreeing to the amendment of the Senator from Nebraska [Mr. NORRIS]. Mr. NORRIS and Mr. HEFLIN demanded the yeas and nays, and they were ordered. The Chief Clerk proceeded to call the roll. Mr. BLAINE (when his name was called). I have a pair with the junior Senator from West Virginia [Mr. HATFIELD]. If I were permitted to vote, I would vote "yea." I am authorized to announce that if the junior Senator from West Virginia were present and voting he would vote nay.” 66 Mr. CARAWAY (when his name was called). I have a pair with the senior Senator from Illinois [Mr. DENEEN]. I transfer that pair to the senior Senator from Minnesota [Mr. SHIPSTEAD], who, if he were present, would vote as I shall vote. I vote "yea." Mr. JONES (when the name of Mr. EDGE was called). The senior Senator from New Jersey [Mr. EDGE] is necessarily absent. He is paired with the senior Senator from Maryland [Mr. TYDINGS]. If the Senator from New Jersey were present, he would vote "nay." I understand that if the senior Senator from Maryland were present he would vote "yea.” Mr. KING (when his name was called). Upon this vote I am paired with the senior Senator from Louisiana [Mr. RANSDELL], and, therefore, I withhold my vote. Mr. SCHALL (when Mr. SHIPSTEAD'S name was called.) The senior Senator from Minnesota [Mr. SHIPSTEAD], if present, would vote "yea." He has a pair on this vote with the senior Senator from Illinois [Mr. DENEEN]. Mr. SIMMONS (when his name was called). I transfer my pair with the junior Senator from Ohio [Mr. BURTON] to the senior Senator from New York [Mr. COPELAND]. If the senior Senator from New York were present, he would vote as I intend to vote. I vote " yea." Mr. SWANSON (when his name was called). On this vote I have a pair with the senior Senator from Ohio [Mr. FESS]. I am unable to obtain a transfer. If the senior Senator from Ohio were present, he would vote "nay," and if I were permitted to vote I would vote "yea.” 66 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 Illinois [Mr. GLENN], and vote. I vote "nay." The roll call was concluded. Mr. BLEASE. I have a pair with the senior Senator from West Virginia [Mr. GoFF], who is absent. Not knowing how he would vote if he were present, I withhold my vote. Mr. BINGHAM (after having voted in the negative). I have a general pair with the Senator from Virginia [Mr. GLASS]. In his absence I transfer my pair to the senior Senator from Vermont [Mr. DALE] and permit my vote to stand. Mr. BROUSSARD. I desire to anounce that my colleague [Mr. RANSDELL] is necessarily absent on official business. If present, he would vote "nay." His pair has been announced. Mr. SWANSON. I wish to announce that my colleague [Mr. GLASS] is necessarily absent. If present, he would vote "yea." The result was anounced-yeas 42, nays 34, as follows: SHIPOWNERS' LIABILITY, SMOKING OPIUM MR. STEIWER'S AMENDMENT TO RELIEVE LIABILITY OF SHIPOWNERS, OFFICERS, ETC., FOR SMOKING OPIUM NOT SHOWN IN THE MANIFEST IF THE COURT FINDS THEY DID NOT KNOW AND COULD NOT BY DILIGENT CARE KNOW SUCH OPIUM WAS ON BOARD (Cong. Record, October 21, 1929; page, Daily, 4933; Permanent, 4716) The PRESIDING OFFICER. Without objection, the change will be made. The question is on agreeing to the amendment offered by the Senator from Oregon [Mr. STEIWER], as modified, on which the yeas and nays have been ordered. The clerk will call the roll. The Chief Clerk proceeded to call the roll. Mr. McKELLAR (when his name was called). On this vote I am paired with the senior Senator from Delaware [Mr. HASTINGS]. I transfer that pair to the junior Senator from Montana [Mr. WHEELER] and vote "nay." Mr. SIMMONS (when his name was called). I have a general pair with the junior Senator from Ohio [Mr. BURTON]. In his absence I withhold my vote. Mr. WATSON (when his name was called). I transfer my pair with the senior Senator from South Carolina [Mr. SMITH] to the junior Senator from Maine [Mr. GOULD] and vote "yea." The roll call was concluded. Mr. BINGHAM. I have a general pair with the junior Senator from Virginia [Mr. GLASS]. In his absence, being unable to obtain a transfer, I withhold my vote. If permitted to vote, I would vote "yea." Mr. BLAINE. I have a pair for to-day with the junior Senator from West Virginia [Mr. HATFIELD]. In his absence I withhold my vote. Mr. WAGNER. My colleague [Mr. COPELAND] is necessarily absent from the city. If he were present, he would vote "yea" on the pending amendment. Mr. CARAWAY. I have a pair with the senior Senator from Illinois [Mr. DENEEN], and being unable to secure a transfer I withhold my vote. Mr. SCHALL. I would like to have the RECORD show that my colleague [Mr. SHIPSTEAD] is detained from the Senate by illness. The result was announced-yeas 43, nays 34, as follows: So Mr. STEIWER'S amendment as modified was agreed to, as follows: On page 447, line 12, before the period, insert a semicolon and the following: "Except that the master or owner of a vessel used by any person as a common carrier in the transaction of business as such common carrier shall not be liable to such penalty and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor other executive or warrant officer of the vessel nor the owner knew, and could not, by the exercise of a high degree of care and diligence, have known, that such smoking opium or opium prepared for smoking was on board.' [NOTE. The paragraph to which Mr. Steiwer's amendment applies is as follows: ["If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle shall be liable to a penalty of $25 for each ounce thereof so found. Such penalty shall, notwithstanding the proviso in section 594 of the act (relating to the immunity of vessels or vehicles used as common carriers), constitute a lien upon such vessel which may be enforced by a libel in rem."] RECOMMIT TO FINANCE COMMITTEE THE MOTION OF MR. THOMAS OF OKLAHOMA TO RECOMMIT THE BILL TO THE FINANCE COMMITTEE WITH INSTRUCTIONS TO ELIMINATE ALL SCHEDULES AND FREE LIST EXCEPT AGRICULTURAL AND TWO RELATED SCHEDULES (Cong. Record, October 21, 1929; page, Daily, 4943; Permanent, 4726) Mr. SMOOT. Mr. President, I think that is the last amendment to the administrative provisions of the bill. I understand that the Senator from Oklahoma [Mr. THOMAS] has a motion to submit at this time. Mr. THOMAS of Oklahoma. Mr. President, I understand we have just completed the consideration of the amendments to the administrative provisions of the bill. At this time I desire to submit for the consideration of the Senate the motion which I send to the desk and which I ask to have read. The PRESIDING OFFICER. The clerk will read the motion. The CHIEF CLERK. The Senator from Oklahoma [Mг. THOMAS] offers the following motion: I move that the bill (H. R. 2667) to provide revenue, to regulate commerce with foreign countries, to encourage the industries of the United States, to protect American labor, and for other purposes, be recommitted to the Committee on Finance with instructions to eliminate therefrom the following-described text: Beginning with line 5, on page 2, and including line 4, on page 121, and beginning with line 9, on page 146, and including line 23, on page 279: Provided, That the elimination of such text shall be without prejudice to the submission in the Senate of specific amendments to existing law: And provided further, That, when the consideration of said bill is completed in the Senate and before final passage, said Finance Committee is hereby authorized and requested to amend section 648, relating to repeals, so as to make said section conform to the action of the Senate. The motion, if agreed to, will cause to be eliminated from the bill Schedules 1 to 4, inclusive, and Schedules 8 to 16, inclusive, covering chemicals, oils, and paints, earthenware and glassware, metals, wood, silks, rayon, paper, books, spirits and wines, and sundries, and will leave for our consideration all agricultural and related items and schedules, as well as the special and administrative provisions already considered and passed upon. The VICE PRESIDENT. The question is on agreeing to the motion of the Senator from Oklahoma [Mr. THOMAS]. Mr. REED. I ask for the yeas and nays. The yeas and nays were ordered, and the legislative 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]. Being unable to obtain a transfer, I withhold my vote. Mr. BLEASE (when his name was called). I have a pair with the senior Senator from West Virginia [Mr. GoFF]. Not knowing how he would vote, I withhold my vote. Mr. CARAWAY (when his name was called). I have a pair with the senior Senator from Illinois [Mr. DENEEN]. I can not get a transfer and withhold my vote. Mr. MCKELLAR (when his name was called). I have a pair with the senior Senator from Delaware [Mr. HASTINGS], and I withhold my vote. Mr. SIMMONS (when his name was called). I have a general pair with the junior Senator from Ohio [Mr. BURTON]. I am advised that if he were present he would vote as I intend to vote. Therefore I vote. I vote "nay." Mr. TYDINGS (when his name was called). I have a general pair with the senior Senator from Rhode Island [Mr. METCALF]. I understand he would vote as I shall vote, and I therefore am at liberty to vote. I vote "nay." Mr. WATSON (when his name was called). I transfer my pair with the senior Senator from South Carolina [Mr. SMITH] to the junior Senator from Maine [Mr. GOULD] and vote "nay." The roll call was concluded. Mr. JONES. I desire to announce that the Senator from Idaho [Mr. THOMAS] is necessarily absent on official business. If present and permitted to vote, he would vote "nay." Mr. BINGHAM. I have a general pair with the Senator from Virginia [Mr. GLASS]. Not knowing how he would vote, I transfer my pair to the Senator from Idaho [Mг. THOMAS] and vote "nay." Mr. FESS. I desire to announce that the Senator from Delaware [Mr. TownSEND] has a general pair with the Senator from Montana [Mr. WHEELER]. Mr. WALSH of Montana. I announce the unavoidable absence of my colleague [Mr. WHEELER] on official business. Mr. BROUSSARD. I wish to announce that my colleague [Mr. RANSDELL] is necessarily detained from the Senate on official business, and that if he were present he would vote "nay." Mr. WAGNER. I desire to announce that my colleague the senior Senator from New York [Mr. COPELAND] is necessarily absent from the city. The result was announced-yeas 10, nays 64, as follows: So the motion of Mr. THOMAS of Oklahoma was rejected. Waterman Sackett Steck Stephens Walsh, Mont. Warren Thomas, Idaho Wheeler |