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appears that such sentence will be car- It is, in my judgment, false economy In order to compile present data on lakes ried out before such proceeding can be to impair what will obviously be vital
channels and bring information up to datedisposed of, and that such stay is es- revenue-raising sources. The taxes
things necessary for any consideration by sential to a proper disposition of the
Congress of lakes channel projects—the Senwhich will be paid to Uncle Sam on the
ate has included $100,000 in next year's proceedings under the writ.
basis of increased Great Lakes shipping budget. The House, on the recommendaMr. President, I ask unanimous con- will more than compensate for the cost tion of its Appropriations Committee, failed sent that a copy of the bill be printed at of the surveys and the cost of the ulti- to vote $125,000 for the same job. The measthis point in the RECORD. mate channel deepening.
ure now goes to a Senate-House conferThere being no objection, the bill For a long time, we of the Midwest ence, where it is to be decided whether the (S. 2373) was ordered to be printed in have watched hundreds of millions of
House rejection of funds or the Senate's the RECORD, as follows:
dollars being poured into the deepening $100,000 is to stand for the 1954 budget. Be it enacted, etc., That the analysis of of various ports and waterways in every
JULY 3, 1953, chapter 153 of title 28, United States Code, section of the Nation but our own. For
Hon. GLENN R. DAVIS, is amended by inserting immediately after waterways which do not carry the tiniest
House of Representatives. item 2255 the following new item: fraction of the traffic of the Great Lakes,
Washington, D. C. "§ 2256. Stay of execution or sentence
we have watched the expenditure of DEAR CONGRESSMAN DAVIS: SEC. 2. Title 28, United States Code, is fur- funds many times the appropriations The present 25-foot project is no longer ther amended by inserting immediately which would be involved in upper Lake adequate. It is indicated that a project following section 2255 of such title a new channel deepening.
depth of the order of 27 feet is now necessary section as follows:
As everyone knows, we omitted provi
to serve present and prospective interlake
traffic alone. "§ 2256. Stay of execution or sentence
sion for the connecting channels from “(a) A stay of execution or sentence in
Tonnage on the Great Lakes approximates the Great Lakes-St. Lawrence seaway connection with any habeas corpus proceed
our total foreign waterborne commerce. On bill. We did so because we felt that each ing or other proceeding collaterally attacking
a ton mileage basis, it exceeds that on our issue should be taken up on its great inland waterways by 3.3 times, and that any conviction of a person which has been affirmed by the highest court of any State merits—promptly, favorably, and with- by our motor trucks by 1.6 times. Iron ore, shall be granted only by (1) the concurrent out delaying action on either front.
limestone, coal, petroleum, and gain are action of a majority of the circuit judges I send to the desk the text of an edi
the chief commodities moved on the lakes,
Deeper channels are necessary to permit hanof a circuit who are in active service, or torial from last Saturday's issue of the
dling of larger ships now operating and in (2) the concurrent action of a majority of Milwaukee Journal. Appended to it are the blueprint stage, to reduce unit shipping the justices of the United States who are
excerpts from a letter sent by the dis- costs, and thereby arrest spiralling costs for in active service.
tinguished port director of Milwaukee, steel production and many other items. “(b) A stay of execution or sentence in connection with any habeas corpus proceed
These larger ships are designed to handle
some 24,000 tons of ore, equivalent to a ing or other proceeding collaterally attacking any conviction of a person obtained in
freight train of 480 cars, with each car conference committee which will be
loaded to 50 tons. a district court and affirmed by the Su- working on the final report.
Deepening of the connecting channels, preme Court, or with respect to which the Elsewhere in his letter Mr. Brockel accordingly, is an immediate, pressing probSupreme Court has denied certiorari, shall
dealt with numerous technical phases of lem. The normal investigative report is, be granted only by (1) the judge who prethe channel-deepening survey.
however, necessary as a basis for congressided at the trial in which the conviction
I ask unanimous consent that the text
sional project authorization. Such a survey was obtained, or (2) the concurrent action of these two items be printed in the
dovetails into the position of the Eisenhower of a majority of the circuit judges of a cir
administration, namely, that deepening of cuit who are in active service, or (3) the RECORD.
the connecting channels, Duluth to Lake concurrent action of a majority of the jus- There being no objection, the editorial
Erie, should be treated separately upon its tices of the United States who are in active and excerpts from the letter were ordered merits, without any tie-in with the St. Lawservice.
to be printed in the RECORD, as follows: rence seaway 27-foot channel, Lake Erie to "(c) Nothing contained in this section
[From the Milwaukee Journal]
Montreal. Retention of the item of $100,000, shall limit the power of any justice of the
specially earmarked for the connection chanUnited States, or any circuit or district judge,
DEEPER LAKE CHANNELS NEEDED
nels navigation study, is an absolute neto stay the execution of a sentence of death When the Eisenhower administration en- cessity. in connection with any habeas corpus pro- dorsed the Great Lakes-St. Lawrence seaway
We therefore reiterate our request that ceeding if it appears that such sentence from Lake Erie to Montreal, it was under- conferees for the House join the Senate in will be carried out before such proceeding stood that the problem of deeper channels supporting a budget appropriation for this can be disposed of, and that such stay is es- in the lakes above Erie would be handled highly important purpose. sential to a proper disposition of such pro- by ordinary rivers and harbors legislation.
Respectfully, ceedings.” Obviously, to give lake ports on Huron,
H. C. BROCKEL, Superior, and Michigan full benefits, the
Chairman. GREAT LAKES CONNECTING seaway would have to be supplemented by CHANNELS
deepening of channels that connect those AMENDMENT OF WHEAT MARKET
lakes. Now the downbound and two-way Mr. WILEY. Mr. President, it is my channels between the lakes have a low-water
ING QUOTA PROVISIONS OF AGRIhope that the conferees on the Army depth of 25 feet. To start with, the seaway,
CULTURAL ADJUSTMENT ACT OF civil functions bill will retain a vital under present plans, would have a depth of 1938—CONFERENCE REPORT provision for an engineering survey on
27 feet. The upper lake channels should
Mr. AIKEN. Mr. President, I submit the deepening of the Great Lakes con
The seaway is going to be built. Canada
a report of the committee of conference necting channels.
promises that, even if we don't join her in on the disagreeing votes of the two Coming, as I do, from an upper Lakes
the project. But even with no seaway, deeper Houses on the amendments of the SenState, I am naturally deeply concerned lake channels are essential. Iron-ore car- ate to the bill (H. R. 5451) to amend the about deep water access to Wisconsin, riers put into service since the end of World wheat marketing quota provisions of the Michigan, Illinois, and Minnesota. War II can carry up to 100 tons more of ore
Agricultural Adjustment Act of 1938, as It is very clear that, irrespective of for each additional inch of immersion.
amended, and for other purposes, and I whether the United States takes the Admiral Spencer, president of the Lake sound course of joining with Canada in Carriers' Association, told the Senate Ap
ask unanimous consent for its present propriations Committee in May that lake the Great Lakes seaway, it will be ab
consideration. I do so at this time only
because the House still has to act on solutely imperative that the present shipping is able to carry 4 million tons more
of cargo this year because of unusually high the conference report, and it must be channels be deepened. water than it could if water levels were at
processed and signed today by the PresiTo maintain the channels at their the low point in the water level cycle.
dent. present depths would be equivalent to According to Harry C. Brockel, Milwau
The PRESIDING OFFICER (Mr. BUSH having a two-lane highway as the only kee port director, most of the 42 vessels means of entering and leaving Milwau- added to the lakes ore fleet since 1945 have
in the chair). The report will be read drafts of 24 feet or more. kee or Chicago or Los Angeles, in this
As they require
for the information of the Senate. an additional 2 or 3 feet for underwater
The Chief Clerk read the report, as modern age of transportation. The modest survey funds of $100,000
clearance, or "squat,” the 25-foot low cycle follows:
water level which limits the channels is not will repay themselves manyfold in terms
sufficient if they are to carry full loads. The committee of conference on the disof the expanded national income which
Therefore, we need deeper channels for Great agreeing votes of the two Houses on the will result from increased shipping. Lakes traffic even before the seaway is built. amendments of the Senate to the bill (H. R. 5451) to amend the wheat marketing quota The compact between those two great Article 1 sets forth the findings which provisions of the Agricultural Adjustment States represents the culmination of the shook and rocked the American people Act of 1938, as amended, and for other pur
efforts of men of goodwill to obliterate on the occasion of their recent public poses having met, after full and free conference, have agreed to recommend and do
the long years of powder-keg conditions disclosures. recommend to their respective Houses as
in an area of great human, social, and In this, the junior Senator from New follows:
economic suffering—the waterfront of Hampshire had a leading hand. That the House recede from its disagree- the port of New York.
Article 1, in part, says: ment to the amendments of the Senate The compact requires the urgent connumbered 1, 2 and 3 and agree to the same.
The States of New Jersey and New York sideration of the Senate and the House That the House recede from its disagree
hereby find and declare that the conditions of Representatives, Mr. President, bement to the amendment of the Senate num
under which waterfront labor is employed cause if it is not ratified at this session, bered 4, and agree to the same with an
within the port of New York district are the two States would have to establish depressing and degrading to such labor, reamendment, as follows: In lieu of the matter proposed to be inserted by the Senate
separate interim administrations to su- sulting from the lack of any systematic amendment insert the following: "sixty- pervise the regulations embodied in the method of hiring, the lack of adequate intwo”; and the Senate agree to the same. • compact.
formation as to the availability of employGEORGE D. AIKEN,
ment, corrupt hiring practices and the fact This would be a costly and delaying MILTON R. YOUNG,
that persons conducting such hiring are freprocedure. EDWARD J. THYE,
quently criminals and persons notoriously It would weaken the power of the fist lacking in moral character and integrity. ALLEN J. ELLENDER,
which would otherwise be brought down
Mr. President, these compacts were
evil and crime throughout the port of passed by the legislatures of both States, AUGUST H. ANDRESEN, New York's tortured history.
by an overwhelming vote. WILLIAM S. HILL,
Mr. President, a delay would bring Mr. President, this reference in article W. R. POAGE,
about unnecessary duplication by two 1 of the compact reflects the legislative GEORGE GRANT,
separate State commissions, unless the findings which concluded that the methManagers on the Part of the House.
Congress takes the necessary action to ods for hiring waterfront labor and the approve the compact.
conduct of the business of public loading The PRESIDING OFFICER. Is there
I might say, parenthetically, that only and stevedoring are uneconomic, unjust, objection to the request for the present recently the Senate approved a bill spon
and degrading to the workingman. consideration of the report? sored by the Senator from Ohio [Mr. This condition
condition fosters waterfront There being no objection, the Senate
TAFT], the Senator from Michigan [Mr. crime and corruption, and adversely afproceeded to consider the report.
FERGUSON] and the junior Senator from fects the economical and expeditious Mr. AIKEN. Mr. President, the report New Jersey, to establish a Commission handling of port commerce. is identical with the bill as passed by the on Federal-State Relationships.
The compact therefore declares that Senate, except that instead of providing
The Commission will attempt, in part, the current practices of public loaders for a 61-million-acre limitation on allot- to eliminate those overlapping functions must be eliminated and that the occuments, as provided in the bill as passed which have served to plague the orderly pations of stevedores, pier superintendby the Senate, or an allotment of 66 mil
processes and relationships of our State, ents, hiring agents, pier watchmen, and lion acres, as provided in the bill as
local and Federal levels of Government. longshoremen must be regulated in the passed by the House of Representatives, the conferees agreed upon 62 million permit congressional inaction to con
Surely, Mr. President, we would not public interest. acres as the minimum allotment for the
In summarizing the compact, Mr. tribute to further duplication of effort at President, there are five basic features program for 1954.
the State level as it concerns New York Mr. LANGER. Is that the maximum
in the plan looking toward the improveor the minimum allotment? and my own State of New Jersey.
ment of waterfront labor conditions. Mr. AIKEN. Sixty-two million acres
The bi-State commission plan is aimed First, it would license pier superin
at cleaning up the corruption which has is the minimum allotment.
tendents and hiring agents-only perMr. HOLLAND. Mr. President, on bestrained the economy not only of the sons of good character will be licensed
for these key positions. half of the conferees from this side of port area itself, but also drained the the aisle, I should like to say that we
pocketbooks of consumers and taxpayers The license must be requested by the
the country over. were completely in accord regarding the
employer concerned; is good only for the conference report, and both the confer
The issue before the Senate is a rela- duration of the employment and may be ees from this side of the aisle were tively simple one, Mr. President.
revoked for specified cause. happy to sign it.
Shall we not add our blessings to the Secondly, stevedores and port watchThe PRESIDING OFFICER. The wedding plans which have been worked men would be licensed. question is on agreeing to the report. out by two of our great States?
Third, the practice of public loading The report was agreed to.
New York and New Jersey are not com- would be abolished. ing to the Congress for help.
This, in brief, is the obnoxious racket,
Heaven knows that the findings of the unique on the New York waterfront and WATERFRONT COMMISSION COM- various State crime commissions and the infested by racketeers, by which loading
PACT BETWEEN THE STATES OF Senate subcommittee headed by Senator and unloading truck-to-pier cargo reNEW JERSEY AND NEW YORK Tobey directed our sharpest attention to quires the exacting of fees.
Mr. HENDRICKSON. Mr. President, the need for help from some source. Fourth, the compact requires the regI should like to introduce an important
But these two States need no outside istration of longshoremen. piece of legislation, and to address my help;. just the cooperation and under- The right to register is absolute unless self briefly to the subject matter thereof. standing necessary to place a congres- the person has been convicted of a crime,
The PRESIDING OFFICER. Without sional stamp of approval upon the ad- although this disqualification may be objection, the Senator from New Jersey ministration of the commission from
waived by the Commission. may proceed. both banks of the port of New York.
Registration may also be forbidden if Mr. HENDRICKSON. Mr. President, New York and New Jersey can do the
the longshoreman is engaged in subverI rise at this time to introduce a bill job themselves, but the Constitution re
sive activity or unless his employment on granting the consent of Congress to a quires that we of the Congress must
the waterfront is clearly likely to encompact or agreement between the State agree that they shall have that oppor
danger the public safety. of New Jersey and the State of New tunity. York, known as the Waterfront Com- Mr. President, please permit me to read
Fifth, the compact provides for the mission Compact. from article 1 of the compact as ap
operation by the Commission of regionActing as cosponsors of this worthy proved by the two State legislatures and ally located employment exchanges for legislation are the senior and junior signed by Governors Dewey and Driscoll, registered longshoremen and licensed Senators from New York, the senior and under whose inspired leadership this port watchmen. junior Senators from New Jersey, and compact was born and, I am convinced, This provides for the replacement of the junior Senator from New Hamp- will flower into an effective enforcement the wasteful and unworthy “shapeup” shire. agency.
The employment exchanges would contribution to a movement which will tribute from the people of the United provide information as to available em- ultimately rid the wonderful port of States. ployment and flexibility in obtaining New York of some of the tragic things Mr. President, I now introduce the bill such employment, but without interfer- which have been occurring there in re- for appropriate reference, and ask that ence with employer-employee freedom cent years.
it be printed in the RECORD. of selection or with provisions of collec- Mr. TOBEY. Mr. President, will the There being no objection, the bill (S. tive bargaining agreements. Senator yield?
2383) granting the consent of Congress Mr. President, I emphasize that the Mr. HENDRICKSON. I am glad to to a compact between the State of New rights of licensees and registrants are yield to the Senator from New Hamp- Jersey and the State of New York known carefully protected by procedural safe- shire.
as the Waterfront Commission Compact, guards set forth in article 11, including Mr. TOBEY. I merely wish to say and for other purposes, introduced by hearings, court review, and other re- that if the bill is referred to my com- Mr. HENDRICKSON (for himself, Mr. quirements for the protection of the mittee, I promise speedy action.
SMITH of New Jersey, Mr. IVES, Mr. individual.
In regard to the Senator from Ten- LEHMAN, and Mr. TOBEY), was received, Mr. President, let me repeat what nessee, what he has said is really only read twice by its title, referred to the Governor Driscoll of my own State said reflected glory for me. He was the Commitee on Interstate and Foreign in proposing this legislation to the New leader in the great movement. He de- Commerce, and ordered to be printed in Jersey Legislature in a recent special serves a large part of the credit. I fol- the RECORD, as follows: message. lowed in his train.
Be it enacted, etc., That the consent of The Governor said:
Did the Senator from Tennessee hear
Congress is hereby given to the compact set It is now proposed to create an interstate me? I hope he did not miss it. It was
forth below to all of its terms and provisions, commission to free the port district from good. [Laughter.]
and to the carrying out and effectuation of the domination of gangsterism and to pro- Mr. HENDRICKSON. I thank the said compact, and enactments in furthertect and promote the great economic assets Senator from New Hampshire, and I
ance thereof: of our country. say again that we of New Jersey will “THE WATERFRONT COMMISSION COMPACT BE
TWEEN THE STATES OF NEW YORK AND NEW In effect, Mr. President, we in the Sen- ever be grateful to him for the contribution he has made to this cause upon
JERSEY AS AUTHORIZED BY CHAPTER 882 AS ate are now being asked to agree with
AMENDED BY CHAPTER 883 OF THE LAWS OF the Governor that the States of New which we now join forces.
THE STATE OF NEW YORK OF 1953, AND BY Jersey and New York be permitted to
Mr. President, in order to take ad
CHAPTER 202 AS AMENDED BY CHAPTER 203 work out their own problems so that the vantage of this magnificent opportunity OF THE LAWS OF THE STATE OF NEW JERSEY hoodlums may be driven from the great- for action, the Senate must act with OF 1953
"ARTICLE I dispatch. est harbor facility the world has ever known. A delay would, of course, mean that
"Findings and declarations Mr. KEFAUVER. Mr. President, will
the grand plan is in distress before its "1. The States of New Jersey and New York the Senator from New Jersey yield? good roots can take hold.
hereby find and declare that the conditions
We should not by dilatory tactics under which waterfront labor is employed Mr. HENDRICKSON. I gladly yield to the distinguished Sentor from Ten
force the establishment of inferior, un- within the port of New York district are coordinated administrative agencies in
depressing and degrading to such labor, renessee. the separate States involved.
sulting from the lack of any systematic Mr. KEFAUVER. Mr. President, I
method of hiring, the lack of adequate inhave listened with great interest to the
Mr. President, if we are to be against formation as to the availability of employstatement of the waterfront conditions the sin of the waterfront, let us be firmly ment, corrupt hiring practices and the fact which the Senator has described, and I set against it by approving this compact that persons conducting such hiring are fre
quently criminals and persons notoriously think the governors and the legislatures of self-help forthrightly and promptly.
lacking in moral character and integrity and of the two States involved are to be com
Let us not be for this sin of the mended for trying to do something about waterfront in the lateness of the hour waterfront in the lateness of the hour ployers nor to the uncoerced will of the ma
neither responsive or responsible to the emthis problem. of this session, and be against its sin
jority of the members of the labor organizaI desire to say that the major credit
at some hour next year when the Con- tions of the employees; that as a result for bringing the Nation's attention to the gress convenes once more.
waterfront laborers suffer from irregularity bad situation which has prevailed over
Let the appropriate committee ex- of employment, fear and insecurity, inade
quate earnings, an unduly high accident rate, a period of many, many years should go amine its well-conceived provisions im
subjection to borrowing at usurious rates of to the distinguished Sentor from New mediately
interest, exploitation and extortion as the Hampshire [Mr. TOBEY). He has made
Mr. TOBEY. I shall be glad to call a
price of securing employment, and a loss of a very thorough investigation and, as meeting of the Interstate Commerce
respect for the law; that not only does there the Senator from New Jersey has so well Committee tomorrow morning.
result a destruction of the dignity of an impointed out, it is the result of his investi- Mr. HENDRICKSON. Mr. President, , portant segment of American labor, but a gation and other investigations which I hope and pray, with the enthusiasm
direct encouragement of crime which imhave been carried on which have pro- which we hear expressed by the Senator poses a levy of greatly increased costs on
food, fuel, and other necessaries handled in vided a basis for the action which is now from New Hampshire, that his distin
and through the port of New York district. proposed to be taken. The Senator The Senator guished committee will have the bill be
"2. The States of New Jersey and New York from New Hampshire, in the face of fore it tomorrow morning. Then let this
hereby find and declare that many of the many obstacles, has gotten at the bottom proposed legislation return to the Senate evils above described result not only from of the nefarious conditions which exist. floor for final action well before adjourn- the causes above described but from the I know we are all glad that the States ment date.
practices of public loaders at piers and other themselves are taking measures to clean Mr. President, there are selfish inter
waterfront terminals; that such public load
ers serve no valid economic purpose and up the situation. ests who apparently are for the continu
operate as parasites, exacting a high and unMr. HENDRICKSON. I thank the ance of this sin.
warranted toll on the flow of commerce in distinguished Senator from Tennessee The New York district council of the and through the port of New York district, for his remarks. I associate myself with International Longshoremen's Associa- and have used force and engaged in diseverything he has said. I and every tion is reported to have voted to assess criminatory and coercive practices, including other good citizen of New Jersey will the union's members in the Port of New
extortion against persons not desiring to emever owe a debt of gratitude to the dis- York $5 a man for a fund to contest the
ploy them; and that the function of loading
and unloading trucks and other land vehicles tinguished Senator from New Hampshire waterfront reform laws enacted by the
at piers and other waterfront terminals can for the good fight he has made in clean- State legislatures.
and should be performed, as in every other ing up hoodlumism in many areas of the We know, therefore, of the forces major American port, without the evils and country.
which would delay the final enactment abuses of the public loader system, and by Both the Senator from New Hamps of the compact.
the carriers of freight by water, stevedores, shire and the Senator from Tennessee The Senate of the United States must
and operators of such piers and other watercan feel, when this compact has been rise to meet any challenge serving to trucks or other land vehicles.
front terminals or the operators of such ratified, as I am sure it will be very prevent a concerted attack against this : "3. The States of New Jersey and New York soon, that they have made a valuable criminal evil, second to none in exacting hereby find and declare that many of the
evils above described result not only from cludes the supervision, directly or indirectly, “6. To administer and enforce the prothe causes above described but from the lack of the work of longshoremen.
visions of this compact; of regulation of the occupation of stevedores; “ 'Port watchman'shall include any watch- “7. To make and enforce such rules and that such stevedores have engaged in corrupt man, gateman, roundsman, detective, guard,
man, gateman, roundsman, detective, guard, regulations as the commission may deem practices to induce their hire by carriers of guardian or protector of property employed necessary to effectuate the purposes of this freight by water and to induce officers and by the operator of any pier or other water- compact or to prevent the circumvention or representatives of labor organizations to front terminal or by a carrier of freight by evasion thereof, to be effective upon publicabetray their trust to the members of such water to perform services in such capacity on tion in the manner which the commission labor organizations.
any pier or other waterfront terminal. shall prescribe and upon filing in the office of “4. The States of New Jersey and New York "'Longshoremen's register' shall mean the the secretary of state of each State. A certihereby find and declare that the occupations register of eligible longshoremen compiled fied copy of any such rules and regulations, of longshoremen, stevedores, pier superin
and maintained by the commission pursuant attested as true and correct by the commistendents, hiring agents, and port watchmen to article VIII.
sion, shall be presumptive evidence of the are affected with a public interest requiring “ 'Stevedore' shall mean a contractor (not regular making, adoption, approval, and pubtheir regulation and that such regulation including an employee) engaged for com- lication thereof; shall be deemed an exercise of the police pensation pursuant to a contract or arrange- “8. By its members and its properly desigpower of the two States for the protection
ment with a carrier of freight by water, in nated officers, agents, and employees, to adof the public safety, welfare, prosperity, moving waterborne freight carried or con
minister oaths and issue subpenas throughhealth, peace, and living conditions of the signed for carriage by such carrier on ves- out both States to compel the attendance of people of the two States.
sels of such carrier berthed at piers, on witnesses and the giving of testimony and
piers at which such vessels are berthed or the production of other evidence;
“9. To have for its members and its prop-
erly designated officers, agents, and em“As used in this compact: person, who on behalf of a carrier of freight
ployees, full and free access, ingress, and “ "The Port of New York district' shall by water or a stevedore shall select any long
egress to and from all vessels, piers, and other shoreman for employment. mean the district created by article II of the
waterfront terminals or other places in the compact dated April 30, 1921, between the
“ 'Compact' shall mean this compact and
port of New York district, for the purposes States of New York and New Jersey, authorrules or regulations lawfully promulgated
of making inspection or enforcing the prothereunder. ized by chapter 154 of the laws of New York
visions of this compact; and no person shall
“ARTICLE III of 1921 and chapter 151 of the laws of New
obstruct or in any way interfere with any Jersey of 1921.
“Waterfront commission of New York such member, officer, employee, or agent in “ 'Commission' shall mean the waterfront
the making of such inspection, or in the commision of New York harbor established “1. There is hereby created the waterfront
enforcement of the provisions of this comby article III hereof. commission of New York Harbor, which
pact or in the performance of any other “ 'Pier' shall include any wharf, pier, dock, shall be a body corporate and politic, an in- power or duty under this compact; or quay. strumentality of the States of New York and
"10. To recover possession of any sus“ Other waterfront terminal shall include New Jersey.
pended or revoked license issued under this any warehouse, depot or other terminal "2. The commission shall consist of 2 compact; (other than a pier) which is located within members, 1 to be chosen by the State of "11. To make investigations, collect, and 1,000 yards of any pier in the port of New New Jersey and 1 to be chosen by the State compile information concerning waterfront York district and which is used for water
of New York. The member representing practices generally within the port of New borne freight in whole or substantial part.
each State shall be appointed by the Gov- York district and upon all matters relating “ 'Person' shall mean not only a natural
ernor of such State with the advice and con- to the accomplishment of the objectives of
sent of the Senate thereof, without regard this compact; person but also any partnership, joint ven
to the State of residence of such member, ture, association, corporation, or any other
“12. To advise and consult with representlegal entity but shall not include the United
and shall receive compensation to be fixed by atives of labor and industry and with public States, any State or Territory thereof, or any
the Governor of such State. The term of officials and agencies concerned with the
office of each member shall be for 3 years: department, division, board, commission, or
effectuation of the purposes of this compact, authority of one or more of the foregoing. Provided, however, that the members first upon all matters which the commission may “ 'Carrier of freight by water shall mean
appointed shall be appointed for a term to desire, including but not limited to the form
expire June 30, 1956. Each member shall any person who may be engaged or who may
and substance of rules and regulations, the hold himself out as willing to be engaged,
hold office until his successor has been ap- administration of the compact, maintenance
pointed and qualified. Vacancies in office whether as a common carrier, as a contract
of the longshoremen's register, and issuance shall be filled for the balance of the unexcarrier or otherwise (except for carriage of
and revocation of licenses; liquid cagoes in bulk in tank vessels designed pired term in the same manner as original
“13. To make annual and other reports appointments. for use exclusively in such service or carriage
to the governors and legislatures of both
“3. The commission shall act only by by barge of bulk cargoes consisting of only
States containing recommendations for the a single commodity loaded or carried without
unanimous vote of both members thereof. improvement of the conditions of water
Any member may, by written instrument wrappers or containers and delivered by the
front labor within the port of New York filed in the office of the commission, desigcarrier without transportation mark or
district, for the alleviation of the evils denate any officer or employee of the comcount) in the carriage of freight by water
scribed in article I and for the effectuation mission to act in his place as a member between any point in the port of New York
of the purposes of this compact. Such anwhenever he shall be unable to attend a district and a point outside said district.
nual reports shall state the commission's meeting of the commission. A vacancy in “'Waterborne freight shall mean freight
finding and determination as to whether the the office of a member shall not impair such carried by or consigned for carriage by car
public necessity still exists for (a) the condesignation until the vacancy shall have been tinued registration of longshoremen, (b) riers of freight by water. filled.
the continued licensing of any occupation “ 'Longshoreman' shall mean a natural
“ARTICLE IV person, other than a hiring agent, who is em.
or employment required to be licensed here"General powers of commission
under and (c) the continued public operaployed for work at a pier or other water
"In addition to the powers and duties else
tion of the employment information centers front terminal, either by a carrier of freight by water or by a stevedorewhere prescribed in this compact, the com
provided for in article XII; “(a) physically to move waterborne freight mission shall have the power:
“14. To cooperate with and receive from on vessels berthed at piers, on piers or at
“1. To sue and be sued;
any department, division, bureau, board, other waterfront terminals, or
“2. To have a seal and alter the same at commission, or agency of either or both “(b) to engage in direct and immediate
States, or of any county or municipality pleasure;
thereof, such assistance and data as will enchecking of any such freight or of the cus
"3. To acquire, hold and dispose of real todial accounting therefor or in the record
able it properly to carry out its powers and and personal property by gift, purchase, ing or tabulation of the hours worked at lease, license, or other similar manner, for
duties hereunder; and to request any such piers or other waterfront terminals by natits corporate purposes;
department, division, bureau, board, comural persons employed by carriers of freight suitability of accommodations necessary and
“4. To determine the location, size, and
mission, or agency, with the consent thereof,
to execute such of its functions and powers, by water or stevedores, or
desirable for the establishment and main- as the public interest may require. "(c) to supervise directly and immediately others who are employed as in subdivision
tenance of the employment information “The powers and duties of the commission (a) of this definition.
centers provided in article XII hereof and may be exercised by officers, employees, and “ 'Pier superintendent' shall mean any for administrative offices for the commission;
agents designated by them, except the power
“5. To appoint such officers, agents, and to make rules and regulations. The comnatural person other than a longshoreman employees as it may deem necessary, pre
mission shall have such additional powers who is employed for work at a pier or other
scribe their powers, duties, and qualifications and duties as may hereafter be delegated to waterfront terminal by a carrier of freight and fix their compensation and retain and or imposed upon it from time to time by the by water or a stevedore and whose work at employ counsel and private consultants on action of the legislature of either State consuch pier or other waterfront terminal in- a contract basis or otherwise;
curred in by the legislature of the other.
"ARTICLE VI "Pier superintendents and hiring agents the applicant of his action. The commission
“Stevedores may issue a temporary permit to any pro“1. On or after the 1st day of December,
"1. On or after the first day of December, spective licensee for a license under the pro1953, no person shall act as a pier supervisions of this article pending final action on
1953, no person shall act as a stevedore intendent or as a hiring agent within the
within the port of New York district without an application made for such a license. Any having first obtained a license from the comport of New York district without first hav
such permit shall be valid for a period not ing obtained from the commission a license
mission, and no person shall employ a stevein excess of 30 days. to act as such pier superintendent or hiring
dore to perform services as such within the
“5. No person shall be licensed to act as agent, as the case may be, and no person a pier superintendent or hiring agent for
port of New York district unless the steveshall employ or engage another person to act
dore is so licensed. more than one employer, except at a sinas a pier superintendent or hiring agent
“2. Any person intending to act as a stevegle pier or other waterfront terminal, but who is not so licensed.
dore within the port of New York district “2. A license to act as a pier superintendnothing in this article shall be construed
shall file in the office of the commission a to limit in any way the number of prier suent or hiring agent shall be issued only upon
written application for a license to engage perintendents or hiring agents any employer the written application, under oath, of the
in such occupation, duly signed and verified may employ. person proposing to employ or engage an
“6. A license granted pursuant to this other person to act as such pier superintend
“(a) If the applicant is a natural person, article shall continue through the duration ent or hiring agent, verified by the prospec
the application shall be signed and verified tive licensee as to the matters concerning ployer who shall have applied for his license. of the licensee's employment by the em
by such person and if the applicant is a him, and shall state the following:
partnership, the application shall be signed
“7. Any license issued pursuant to this “(a) The full name and business address
and verified by each natural person composarticle may be revoked or suspended for such of the applicant;
ing or intending to compose such partner"(b) The full name, residence, business period as the commission deems in the pub
ship. The application shall state the full lic interest or the licensee thereunder may address (if any), place and date of birth and be reprimanded for any of the following any), present and previous occupations of
name, age, residence, business address (if social-security number of the prospective
each natural person so signing the same,
“(a) Conviction of a crime or act by the "(c) The present and previous occupations
and any other facts and evidence as may be licensee or other cause which would require of the prospective licensee, including the
required by the commission to ascertain the or permit his disqualification from receiving character, integrity, and identity of each places where he was employed and the names
a license upon original application; of his employers;
natural person so signing such application.
"(b) Fraud, deceit or misrepresentation "(d) Such further facts and evidence as
“(b) If the applicant is a corporation, the in securing the license, or in the conduct of
application shall be signed and verified by may be required by the Commission to ascer
the licensed activity; tain the character, integrity and identity of
the president, secretary, and treasurer there
"(c) Violation of any of the provisions of the prospective licensee; and this compact;
of, and shall specify the name of the cor“(e) That if a license is issued to the pros
poration, the date and place of its incorpo
"(d) Addiction to the use of or trafficking pective licensee, the applicant will employ in morphine, opium, cocaine or other nar
ration, the location of its principal place of
business, the names and addresses of, and such licensee as pier superintendent or hir- cotic drug;
the amount of the stock held by stocking agent, as the case may be.
“(e) Employing, hiring or procuring any
holders owning 5 percent or more of any of “3. No such license shall be granted person in violation of this compact or in
the stock thereof, and of all officers (in“(a) Unless the Commission shall be satis- ducing or otherwise aiding or abetting any
cluding all members of the board of direcfied that the prospective licensee possesses person to violate the terms of this com
tors). The requirements of subdivision (a) good character and integrity; pact;
of this section as to a natural person who is “(b) If the prospective licensee has, with- (f) Paying, giving, causing to be paid or
a member of a partnership, and such reout subsequent pardon, been convicted by a given or offering to pay or give to any per- quirements as may be specified in rules and court of the United States, or any State or son any valuable consideration to induce
regulations promulgated by the commission, territory thereof, of the Commission of, or such other person to violate any provision
shall apply to each such officer or stockthe attempt or conspiracy to commit treason, of this compact or to induce any public holder and their successors in office or inmurder, manslaughter or any felony or high officer, agent or employee to fail to perform terest as the case may be. misdemeanor or any of the following mis- his duty hereunder;
“In the event of the death, resignation, or demeanors or offenses; illegally using, carry- "(g) Consorting with known criminals
removal of any officer, and in the event of ing or possessing a pistol or other dangerous for an unlawful purpose;
any change in the list of stockholders who weapon; making or possessing burglar's in- "(h) Transfer or surrender of possession
shall own 5 percent or more of the stock of struments; buying or receiving stolen prop- of the license to any person either tempo- the corporation, the secretary of such corpoerty; unlawful entry of a building; aiding an rarily or permanently without satisfactory ration shall forthwith give notice of that escape from prison; unlawfully possessing or explanation;
fact in writing to the commission, certified distributing habit-forming narcotic drugs; “(i) False impersonation of another li- by said secretary. and violation of this compact. Any such censee under this compact;
“3. No such license shall be granted prospective licensee ineligible for a license “(j) Receipt or solicitation of anything of
“(a) If any person whose signature or by reason of any such conviction may submit value from any person other than the licen
name appears in the application is not the satisfactory evidence to the Commission that see's employer as consideration'for the selec
real party in interest required by section 2 he has for a period of not less than 5 years, tion or retention for employment of any of this article to sign or to be identified in measured as hereinafter provided, and up to longshoreman;
the application or if the person so signing the time of application, so conducted himself "(k) Coercion of a longshoreman by threat
or named in the application is an undisas to warrant the grant of such license, in of discrimination or violence or economic
closed agent or trustee for any such real which event the Commission may, in its dis- reprisal, to make purchases from or to uti
party in interest; cretion, issue an order removing such ineligi- lize the services of any person;
“(b) Unless the commission shall be satisbility. The aforesaid period of 5 years shall "(1) Lending any money to or borrowing fied that the applicant and all members, be measured either from the date of payment any money from a longshoreman for which officers, and stockholders required by section of any fine imposed upon such person or the there is a charge of interest or other con- 2 of this article to sign or be identified in suspension of sentence or from the date of his sideration; and
the application for license possess good charunrevoked release from custody by parole,
“(m) Membership in a labor organization acter and integrity; commutation or termination of his sentence;
which represents longshoremen or port "(c) Unless the applicant is either a nat"(c) If the prospective licensee knowingly watchmen; but nothing in this section shall ural person, partnership, or corporation; or wilfully advocates the desirability of over
be deemed to prohibit pier superintendents "(d) Unless the applicant shall be a party throwing or destroying the Government of
or hiring agents from being represented by to a contract then in force or which will take the United States by force or violence or shall
a labor organization or organizations which effect upon the issuance of a license, with a be a member of a group which advocates
do not also represent longshoremen or port carrier of freight by water for the loading such desirability, knowing the purposes of
watchmen. The American Federation of La- and unloading by the applicant of one or such group include such advocacy.
bor, the Congress of Industrial Organiza- more vessels of such carrier at a pier within “4. When the application shall have been tions and any other similar federation, con- the port of New York district; examined and such further inquiry and in- gress, or other organization of national or “(e) If the applicant or any member, vestigation made as the commission shall international occupational or industrial la- officer, or stockholder required by section 2 deem proper and when the commission shall bor organizations shall not be considered an of this article to sign or be identified in the be satisfied therefrom that the prospective organization which represents longshoremen application for license has, without subselicensee possesses the qualifications and re- or port watchmen within the meaning of quent pardon, been convicted by a court of quirements prescribed in this article, the this section although one of the federated the United States or any State or Territory commission shall issue and deliver to the or constituent labor organizations thereof thereof of the commission of, or the ato propective licensee a license to act as pier may represent longshoremen or port watch- tempt or conspiracy to commit, treason, superintendent or hiring agent for the appli- men.
murder, manslaughter, or any felony or high