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1937 Mr. ASHURST. Mr. President, I wish not to prolong discussion of the bill, but subsection (b), in my judgment, does the following: It says to the Secretary, "Do as you please. If, in your judgment, there is a drought, a war"—and it does not say where—"or other national emergency, you may prescribe the quotas."

In one phase of the bill we say the Secretary must not do this or that, and in another phase of the bill we say he may do as he chooses, and he may determine that a contingency has happened. We say, "If, by reason of drought, war"—where?

Mr. VANDENBERG. Mr. President, will the Senator yield?

Mr. ASHURST. I yield.

Mr. VANDENBERG. Is the Senator not willing to trust the omnipotent judgment of the Secretary of Agriculture?

Mr. ASHURST. That is not the point. I have large confidence in the ability, the sagacity, and the patriotism of the Secretary of Agriculture. It is my habit of mind to have confidence rather than to suspect my fellow citizens. But do Senators wish to give this vast power to any person? I think not. "If by reason of drought, war"—where? We are proposing to give to the Secretary the power to declare that a war exists somewhere, which power we have been trying to avoid giving to anyone.

I shall not say anything further than to point out that it is provisions like this, words of this character, where the departments find the power granted to them to do the very things Congress does not want them to do or have the power to do. Arizona has had experience with reference to departmental action relative to cotton. It is not an offense to say, "You cannot read in the dark," and it is no reflection upon a departmental official to decline to grant him such power.

I have said all that I can say. The language of this provision is about as nearly complete authority as a parliamentary body could grant to any official.

Mr. BYRNES. Mr. President, I am impressed by what the Senator from Arizona has said, and I should like to inquire of the Senator from Alabama [Mr. ] whether he insists upon the adoption of the section; and if so, what are his views with reference to it?

Mr. BANKHEAD. Mr. President, the paragraph was included merely for flexibility in the event of an emergency. I do not think it is particularly valuable and I have no objection to striking it out.

Mr. ASHURST. I hope the matter may be stricken out.

The PRESIDING OFFICER. The question is on agreeing to the committee amendment.

The amendment was rejected.

The PRESIDING OFFICER. The next amendment will be stated.

The next amendment of the Committee on Agriculture and Forestry was, on page 37, after line 20, to insert a new paragraph, as follows:

33. (a) The willful marketing in interstate or foreign commerce of any cotton produced on a farm for which a quota has been established in excess of the quantity produced on such acreage is hereby prohibited. Ginning such cotton and selling it creates a prima facie presumption that such cotton was marketed in interstate or foreign commerce in violation of this title.

Mr. HATCH. Mr. President, I desire to offer an amendment to that particular paragraph of the section.

The PRESIDING OFFICER. The amendment will be reported for the information of the Senate.

The. On page 37, line 24, after the word "prohibited", it is proposed to insert the following:

Unless prior to such marketing (1) the Secretary shall have, under section 7, released cotton from marketing quota restrictions, or (2) the farmer shall have absorbed such excess marketing through diverting from the production of cotton an acreage, the normal production of which equals or exceeds the amount of such excess marketing.

Mr. HATCH. Mr. President, I may say in explanation that the bill as drawn in this particular section would prohibit the sale of cotton grown on excess acreage. The bill does not make any provision for any disposition of the cotton so grown. It freezes it completely, and nothing can ever be done with that excess cotton.

This is not original with me. Someone from the Department called it to my attention, and the amendment was drawn so as to provide a method by which such excess cotton might be lawfully disposed of.

Mr. BANKHEAD. Mr. President, there is just one statement of the Senator that I want to correct. The farmer could hold this cotton and use it for next year's allotment.

Mr. HATCH. That is the very point on which the bill is not clear and the amendment would make it absolutely clear.

Mr. BANKHEAD. I do not know that I have any objection to the second part of the Senator's amendment.

Mr. HATCH. It was drawn by the Department and not by me.

Mr. BANKHEAD. Suppose we let it go over until tomorrow?

Mr. HATCH. May we have paragraph (a) go over until tomorrow?

Mr. BYRNES. Mr. President, I suggest that the Senator's request is reasonable and that we let the entire paragraph go over.

The PRESIDING OFFICER. Is there objection to the request of the Senator from New Mexico that paragraph (a) of section 33 go over until tomorrow? The Chair hears none, and it is so ordered. The clerk will state the next amendment.

The next amendment of the Committee on Agriculture and Forestry was, on page 38, after line 2, to insert a new paragraph, as follows:

(b) Any person knowingly purchasing or selling cotton marketed in violation of subsection (a) shall pay a penalty of 75 percent of the purchase price of the cotton. Such penalty shall accrue to the United States.

The amendment was agreed to.

The next amendment was, on page 38, after line 6, to insert a new paragraph, as follows:

(c) Persons who knowingly sell cotton grown on acreage not included in an acreage allotment shall not be eligible for any payments under the Soil Conservation and Domestic Allotment Act nor under this title.

All persons applying for any payment of money under the Soil Conservation and Domestic Allotment Act as amended or under this title shall file with the application a statement verified by affidavit that the applicant had not knowingly sold any cotton during the current year produced on any land other than the acreage allotted to the applicant, and that he will not during such crop year sell any cotton produced on acreage other than that allotted to the applicant. Any person who knowingly swears falsely to the facts above stated shall be guilty of perjury.

The Secretary shall provide by regulations for the identification of cotton produced on the allotted acreage in such way as to afford aid in discovering and identifying cotton sold or offered for sale which was not produced on acreage included in any farm allotment. Producers who sell cotton produced on land not included in such producers' allotted acreage shall be ineligible for Government cotton loans during such marketing year.

The amendment was agreed to.

The next amendment was, on page 38, after line 3, to insert a new paragraph, as follows:

(d) The several district courts of the United States are hereby vested with jurisdiction specifically to enforce the provisions of this title. If and when the Secretary shall so request, it shall be the duty of the several district attorneys in their respective districts, under the direction of the Attorney General, to institute proceedings to collect the penalties provided for under this section. The remedies provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law.

The amendment was agreed to.

The next amendment was, on page 39, after line 12, to insert a new section, as follows:

34. The Secretary shall provide, through the State, county, and local committees of farmers hereinafter authorized for the making of allotments to farms of the national marketing quota and, when legally authorized to do so, apportion a number of acres from which cotton produced may move in interstate or foreign commerce, and for measuring all farms and ascertaining whether an excess over the apportionment of any farm under the national marketing quota has been planted to cotton. If an excess of planted-to-cotton acreage is found on any farm, the committee shall promptly file with the State committee a written report stating the total acreage in cultivation and the acreage then planted to cotton.

The amendment was agreed to.