appears that such sentence will be carried out before such proceeding can be disposed of, and that such stay is essential to a proper disposition of the proceedings under the writ.

Mr. President, I ask unanimous consent that a copy of the bill be printed at this point in the RECORD.

There being no objection, the bill (S. 2373) was ordered to be printed in the RECORD, as follows:

Be it enacted, etc., That the analysis of chapter 153 of title 28, United States Code, is amended by inserting immediately after item 2255 the following new item: "§ 2256. Stay of execution or sentence

SEC. 2. Title 28, United States Code, is further amended by inserting immediately following section 2255 of such title a new section as follows:

"§ 2256. Stay of execution or sentence

"(a) A stay of execution or sentence in connection with any habeas corpus proceeding or other proceeding collaterally attacking any conviction of a person which has been affirmed by the highest court of any State shall be granted only by (1) the concurrent action of a majority of the circuit judges of a circuit who are in active service, or (2) the concurrent action of a majority of the justices of the United States who are in active service.

"(b) A stay of execution or sentence in connection with any habeas corpus proceeding or other proceeding collaterally attacking any conviction of a person obtained in a district court and affirmed by the Supreme Court, or with respect to which the Supreme Court has denied certiorari, shall be granted only by (1) the judge who presided at the trial in which the conviction was obtained, or (2) the concurrent action of a majority of the circuit judges of a circuit who are in active service, or (3) the concurrent action of a majority of the justices of the United States who are in active service.

"(c) Nothing contained in this section shall limit the power of any justice of the United States, or any circuit or district judge, to stay the execution of a sentence of death in connection with any habeas corpus proceeding if it appears that such sentence will be carried out before such proceeding can be disposed of, and that such stay is essential to a proper disposition of such proceedings."

GREAT LAKES CONNECTING
CHANNELS

Mr. WILEY. Mr. President, it is my hope that the conferees on the Army civil functions bill will retain a vital provision for an engineering survey on the deepening of the Great Lakes connecting channels.

Coming, as I do, from an upper Lakes State, I am naturally deeply concerned about deep water access to Wisconsin, Michigan, Illinois, and Minnesota.

It is, in my judgment, false economy to impair what will obviously be vital revenue-raising sources. The taxes which will be paid to Uncle Sam on the basis of increased Great Lakes shipping will more than compensate for the cost of the surveys and the cost of the ultimate channel deepening.

In order to compile present data on lakes channels and bring information up to datethings necessary for any consideration by Congress of lakes channel projects-the Senate has included $100,000 in next year's budget. The House, on the recommendation of its Appropriations Committee, failed to vote $125,000 for the same job. The measure now goes to a Senate-House conference, where it is to be decided whether the House rejection of funds or the Senate's

Hon. GLENN R. DAVIS,

JULY 3, 1953.

For a long time, we of the Midwest have watched hundreds of millions of dollars being poured into the deepening $100,000 is to stand for the 1954 budget. of various ports and waterways in every section of the Nation but our own. For waterways which do not carry the tiniest fraction of the traffic of the Great Lakes, we have watched the expenditure of funds many times the appropriations which would be involved in upper Lake channel deepening.

As everyone knows, we omitted provision for the connecting channels from the Great Lakes-St. Lawrence seaway bill. We did so because we felt that each issue should be taken up on its great merits-promptly, favorably, and without delaying action on either front.

I send to the desk the text of an editorial from last Saturday's issue of the Milwaukee Journal. Appended to it are excerpts from a letter sent by the distinguished port director of Milwaukee, Mr. Harry Brockel, to Representative GLENN DAVIS, a member of the House conference committee which will be working on the final report.

Elsewhere in his letter Mr. Brockel dealt with numerous technical phases of the channel-deepening survey.

I ask unanimous consent that the text of these two items be printed in the RECORD.

There being no objection, the editorial and excerpts from the letter were ordered to be printed in the RECORD, as follows:

[From the Milwaukee Journal] DEEPER LAKE CHANNELS NEEDED When the Eisenhower administration endorsed the Great Lakes-St. Lawrence seaway from Lake Erie to Montreal, it was understood that the problem of deeper channels in the lakes above Erie would be handled by ordinary rivers and harbors legislation.

Obviously, to give lake ports on Huron, Superior, and Michigan full benefits, the seaway would have to be supplemented by deepening of channels that connect those lakes. Now the downbound and two-way channels between the lakes have a low-water depth of 25 feet. To start with, the seaway, under present plans, would have a depth of 27 feet.

The upper lake channels should be brought to at least future seaway depth. The seaway is going to be built. Canada promises that, even if we don't join her in the project. But even with no seaway, deeper lake channels are essential. Iron-ore carriers put into service since the end of World War II can carry up to 100 tons more of ore for each additional inch of immersion.

Admiral Spencer, president of the Lake Carriers' Association, told the Senate Appropriations Committee in May that lake

To maintain the channels at their present depths would be equivalent to having a two-lane highway as the only means of entering and leaving Milwaukee or Chicago or Los Angeles, in this modern age of transportation.

The modest survey funds of $100,000 will repay themselves manyfold in terms of the expanded national income which will result from increased shipping.

of cargo this year because of unusually high water than it could if water levels were at the low point in the water level cycle.

According to Harry C. Brockel, Milwaukee port director, most of the 42 vessels added to the lakes ore fleet since 1945 have drafts of 24 feet or more. As they require

an additional 2 or 3 feet for underwater clearance, or "squat," the 25-foot low cycle water level which limits the channels is not sufficient if they are to carry full loads. Therefore, we need deeper channels for Great Lakes traffic even before the seaway is built.

House of Representatives.

Washington, D. C.

DEAR CONGRESSMAN DAVIS: *

*

*

The present 25-foot project is no longer adequate. It is indicated that a project depth of the order of 27 feet is now necessary to serve present and prospective interlake traffic alone.

Tonnage on the Great Lakes approximates our total foreign waterborne commerce. On a ton mileage basis, it exceeds that on our inland waterways by 3.3 times, and that by our motor trucks by 1.6 times. Iron ore, limestone, coal, petroleum, and gain are the chief commodities moved on the lakes, Deeper channels are necessary to permit handling of larger ships now operating and in the blueprint stage, to reduce unit shipping costs, and thereby arrest spiralling costs for steel production and many other items. These larger ships are designed to handle some 24,000 tons of ore, equivalent to a freight train of 480 cars, with each car loaded to 50 tons.

Deepening of the connecting channels, accordingly, is an immediate, pressing problem. The normal investigative report is, however, necessary as a basis for congressional project authorization. Such a survey dovetails into the position of the Eisenhower administration, namely, that deepening of the connecting channels, Duluth to Lake Erie, should be treated separately upon its merits, without any tie-in with the St. Lawrence seaway 27-foot channel, Lake Erie to Montreal. Retention of the item of $100,000, specially earmarked for the connection channels navigation study, is an absolute necessity.

We therefore reiterate our request that conferees for the House join the Senate in supporting a budget appropriation for this highly important purpose. Respectfully,

H. C. BROCKEL, Chairman.

AMENDMENT OF WHEAT MARKETING QUOTA PROVISIONS OF AGRICULTURAL ADJUSTMENT ACT OF

1938-CONFERENCE REPORT

Mr. AIKEN. Mr. President, I submit a report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 5451) to amend the wheat marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended, and for other purposes, and I ask unanimous consent for its present consideration. I do so at this time only because the House still has to act on the conference report, and it must be processed and signed today by the President.

The PRESIDING OFFICER (Mr. BUSH in the chair). The report will be read for the information of the Senate.

The Chief Clerk read the report, as follows:

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R.

5451) to amend the wheat marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended, and for other purposes having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendments of the Senate numbered 1, 2 and 3 and agree to the same.

That the House recede from its disagree

ment to the amendment of the Senate numbered 4, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: "sixtytwo"; and the Senate agree to the same.

GEORGE D. AIKEN,
MILTON R. YOUNG,
EDWARD J. THYE,

ALLEN J. ELLENDER,
SPESSARD L. HOLLAND,

Managers on the Part of the Senate.

CLIFFORD R. HOPE,

AUGUST H. ANDRESEN,
WILLIAM S. HILL,

W. R. POAGE,
GEORGE GRANT,

Managers on the Part of the House.

The PRESIDING OFFICER. Is there

objection to the request for the present consideration of the report?

There being no objection, the Senate proceeded to consider the report.

Mr. AIKEN. Mr. President, the report is identical with the bill as passed by the Senate, except that instead of providing for a 61-million-acre limitation on allot ments, as provided in the bill as passed by the Senate, or an allotment of 66 million acres, as provided in the bill as passed by the House of Representatives, the conferees agreed upon 62 million acres as the minimum allotment for the

program for 1954.

WATERFRONT COMMISSION COMPACT BETWEEN THE STATES OF NEW JERSEY AND NEW YORK

Mr. HENDRICKSON. Mr. President, I should like to introduce an important piece of legislation, and to address myself briefly to the subject matter thereof. The PRESIDING OFFICER. Without objection, the Senator from New Jersey may proceed.

Mr. HENDRICKSON. Mr. President, I rise at this time to introduce a bill granting the consent of Congress to a

compact or agreement between the State of New Jersey and the State of New York, known as the Waterfront Commission Compact.

Acting as cosponsors of this worthy legislation are the senior and junior Senators from New York, the senior and junior Senators from New Jersey, and the junior Senator from New Hampshire.

The compact between those two great States represents the culmination of the efforts of men of goodwill to obliterate the long years of powder-keg conditions in an area of great human, social, and economic suffering-the waterfront of the port of New York.

The compact requires the urgent consideration of the Senate and the House of Representatives, Mr. President, because if it is not ratified at this session, the two States would have to establish separate interim administrations to supervise the regulations embodied in the *compact.

This would be a costly and delaying procedure.

It would weaken the power of the fist which would otherwise be brought down hard to smash the conditions breeding evil and crime throughout the port of New York's tortured history.

Mr. President, a delay would bring about unnecessary duplication by two separate State commissions, unless the Congress takes the necessary action to approve the compact.

recently the Senate approved a bill sponI might say, parenthetically, that only sored by the Senator from Ohio [Mr. TAFT], the Senator from Michigan [Mr. FERGUSON] and the junior Senator from New Jersey, to establish a Commission on Federal-State Relationships.

The Commission will attempt, in part, to eliminate those overlapping functions which have served to plague the orderly processes and relationships of our State, local and Federal levels of Government.

Surely, Mr. President, we would not permit congressional inaction to contribute to further duplication of effort at the State level as it concerns New York and my own State of New Jersey.

The bi-State commission plan is aimed at cleaning up the corruption which has strained the economy not only of the port area itself, but also drained the pocketbooks of consumers and taxpayers the country over.

Article 1 sets forth the findings which shook and rocked the American people on the occasion of their recent public disclosures.

In this, the junior Senator from New Hampshire had a leading hand.

Article 1, in part, says:

The States of New Jersey and New York

hereby find and declare that the conditions under which waterfront labor is employed within the port of New York district are depressing and degrading to such labor, resulting from the lack of any systematic method of hiring, the lack of adequate information as to the availability of employment, corrupt hiring practices and the fact that persons conducting such hiring are frequently criminals and persons notoriously lacking in moral character and integrity.

Mr. President, these compacts were passed by the legislatures of both States, by an overwhelming vote.

Mr. President, this reference in article 1 of the compact reflects the legislative findings which concluded that the methods for hiring waterfront labor and the conduct of the business of public loading and stevedoring are uneconomic, unjust, and degrading to the workingman.

This condition fosters waterfront crime and corruption, and adversely affects the economical and expeditious handling of port commerce.

The compact therefore declares that the current practices of public loaders must be eliminated and that the occupations of stevedores, pier superintendents, hiring agents, pier watchmen, and longshoremen must be regulated in the public interest.

In summarizing the compact, Mr. President, there are five basic features in the plan looking toward the improvement of waterfront labor conditions.

First, it would license pier superintendents and hiring agents-only persons of good character will be licensed for these key positions.

The license must be requested by the employer concerned; is good only for the

Shall we not add our blessings to the wedding plans which have been worked out by two of our great States?

New York and New Jersey are not coming to the Congress for help.

Heaven knows that the findings of the various State crime commissions and the Senate subcommittee headed by Senator Tobey directed our sharpest attention to the need for help from some source.

But these two States need no outside help; just the cooperation and understanding necessary to place a congressional stamp of approval upon the administration of the commission from both banks of the port of New York.

New York and New Jersey can do the job themselves, but the Constitution requires that we of the Congress must agree that they shall have that opportunity.

Mr. President, please permit me to read from article 1 of the compact as approved by the two State legislatures and signed by Governors Dewey and Driscoll, under whose inspired leadership this compact was born and, I am convinced, will flower into an effective enforcement agency.

revoked for specified cause.

Secondly, stevedores and port watchmen would be licensed.

Third, the practice of public loading would be abolished.

This, in brief, is the obnoxious racket, unique on the New York waterfront and infested by racketeers, by which loading and unloading truck-to-pier cargo requires the exacting of fees.

Fourth, the compact requires the registration of longshoremen.

The right to register is absolute unless the person has been convicted of a crime, although this disqualification may be waived by the Commission.

Registration may also be forbidden if the longshoreman is engaged in subversive activity or unless his employment on the waterfront is clearly likely to endanger the public safety.

Fifth, the compact provides for the operation by the Commission of regionally located employment exchanges for registered longshoremen and licensed port watchmen.

This provides for the replacement of the wasteful and unworthy "shapeup” method.

The employment exchanges would provide information as to available employment and flexibility in obtaining such employment, but without interference with employer-employee freedom of selection or with provisions of collective bargaining agreements.

Mr. President, I emphasize that the rights of licensees and registrants are carefully protected by procedural safeguards set forth in article 11, including hearings, court review, and other requirements for the protection of the individual.

Mr. President, let me repeat what Governor Driscoll of my own State said in proposing this legislation to the New Jersey Legislature in a recent special message.

The Governor said:

It is now proposed to create an interstate commission to free the port district from the domination of gangsterism and to protect and promote the great economic assets of our country.

In effect, Mr. President, we in the Senate are now being asked to agree with the Governor that the States of New Jersey and New York be permitted to work out their own problems so that the hoodlums may be driven from the greatest harbor facility the world has ever known.

Mr. KEFAUVER. Mr. President, will the Senator from New Jersey yield?

Mr. HENDRICKSON. I gladly yield to the distinguished Sentor from Ten

nessee.

Mr. KEFAUVER. Mr. President, I have listened with great interest to the statement of the waterfront conditions which the Senator has described, and I think the governors and the legislatures of the two States involved are to be commended for trying to do something about this problem.

I desire to say that the major credit for bringing the Nation's attention to the bad situation which has prevailed over a period of many, many years should go to the distinguished Sentor from New Hampshire [Mr. TOBEY]. He has made a very thorough investigation and, as the Senator from New Jersey has so well pointed out, it is the result of his investigation and other investigations which have been carried on which have provided a basis for the action which is now proposed to be taken. The Senator The Senator from New Hampshire, in the face of many obstacles, has gotten at the bottom of the nefarious conditions which exist. I know we are all glad that the States themselves are taking measures to clean up the situation.

Mr. HENDRICKSON. I thank the I thank the distinguished Senator from Tennessee for his remarks. I associate myself with everything he has said. I and every other good citizen of New Jersey will ever owe a debt of gratitude to the distinguished Senator from New Hampshire for the good fight he has made in cleaning up hoodlumism in many areas of the country.

Both the Senator from New Hampshire and the Senator from Tennessee can feel, when this compact has been ratified, as I am sure it will be very soon, that they have made a valuable

contribution to a movement which will ultimately rid the wonderful port of New York of some of the tragic things which have been occurring there in recent years.

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

Mr. HENDRICKSON. I am glad to yield to the Senator from New Hampshire.

Mr. TOBEY. I merely wish to say that if the bill is referred to my committee, I promise speedy action.

In regard to the Senator from Tennessee, what he has said is really only reflected glory for me. He was the leader in the great movement. He deserves a large part of the credit. I followed in his train.

Did the Senator from Tennessee hear It was me? I hope he did not miss it. good. [Laughter.]

Mr. HENDRICKSON. I thank the Senator from New Hampshire, and I say again that we of New Jersey will ever be grateful to him for the contribution he has made to this cause upon which we now join forces.

Mr. President, in order to take advantage of this magnificent opportunity for action, the Senate must act with dispatch.

A delay would, of course, mean that the grand plan is in distress before its good roots can take hold.

We should not by dilatory tactics force the establishment of inferior, uncoordinated administrative agencies in the separate States involved.

Mr. President, if we are to be against the sin of the waterfront, let us be firmly the sin of the waterfront, let us be firmly set against it by approving this compact of self-help forthrightly and promptly.

Let us not be for this sin of the waterfront in the lateness of the hour of this session, and be against its sin at some hour next year when the Congress convenes once more.

Let the appropriate committee examine its well-conceived provisions immediately

Mr. TOBEY. I shall be glad to call a meeting of the Interstate Commerce Committee tomorrow morning.

Mr. HENDRICKSON. Mr. President, I hope and pray, with the enthusiasm which we hear expressed by the Senator from New Hampshire, that his distinguished committee will have the bill before it tomorrow morning. Then let this proposed legislation return to the Senate floor for final action well before adjournment date.

Mr. President, there are selfish interests who apparently are for the continuance of this sin.

The New York district council of the International Longshoremen's Association is reported to have voted to assess the union's members in the Port of New York $5 a man for a fund to contest the waterfront reform laws enacted by the State legislatures.

We know, therefore, of the forces which would delay the final enactment of the compact.

The Senate of the United States must rise to meet any challenge serving to prevent a concerted attack against this criminal evil, second to none in exacting criminal evil, second to none in exacting

tribute from the people of the United States.

Mr. President, I now introduce the bill for appropriate reference, and ask that it be printed in the RECORD.

There being no objection, the bill (S. 2383) granting the consent of Congress to a compact between the State of New Jersey and the State of New York known as the Waterfront Commission Compact, and for other purposes, introduced by Mr. HENDRICKSON (for himself, Mr. SMITH of New Jersey, Mr. IVES, Mr. LEHMAN, and Mr. TOBEY), was received, read twice by its title, referred to the Commitee on Interstate and Foreign Commerce, and ordered to be printed in the RECORD, as follows:

Be it enacted, etc., That the consent of Congress is hereby given to the compact set forth below to all of its terms and provisions, and to the carrying out and effectuation of said compact, and enactments in furtherance thereof:

"THE WATERFRONT COMMISSION COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY AS AUTHORIZED BY CHAPTER 882 AS AMENDED BY CHAPTER 883 OF THE LAWS OF THE STATE OF NEW YORK OF 1953, AND BY CHAPTER 202 AS AMENDED BY CHAPTER 203 OF THE LAWS OF THE STATE OF NEW JERSEY OF 1953

"ARTICLE I

"Findings and declarations

"1. The States of New Jersey and New York hereby find and declare that the conditions under which waterfront labor is employed within the port of New York district are depressing and degrading to such labor, resulting from the lack of any systematic method of hiring, the lack of adequate information as to the availability of employment, corrupt hiring practices and the fact that persons conducting such hiring are frequently criminals and persons notoriously lacking in moral character and integrity and neither responsive or responsible to the employers nor to the uncoerced will of the majority of the members of the labor organizations of the employees; that as a result waterfront laborers suffer from irregularity of employment, fear and insecurity, inadequate earnings, an unduly high accident rate, subjection to borrowing at usurious rates of interest, exploitation and extortion as the price of securing employment, and a loss of respect for the law; that not only does there result a destruction of the dignity of an important segment of American labor, but a direct encouragement of crime which imposes a levy of greatly increased costs on food, fuel, and other necessaries handled in and through the port of New York district.

"2. The States of New Jersey and New York hereby find and declare that many of the evils above described result not only from the causes above described but from the practices of public loaders at piers and other waterfront terminals; that such public loaders serve no valid economic purpose and operate as parasites, exacting a high and unwarranted toll on the flow of commerce in and through the port of New York district, and have used force and engaged in discriminatory and coercive practices, including extortion against persons not desiring to employ them; and that the function of loading and unloading trucks and other land vehicles at piers and other waterfront terminals can and should be performed, as in every other major American port, without the evils and abuses of the public loader system, and by the carriers of freight by water, stevedores, and operators of such piers and other waterfront terminals or the operators of such trucks or other land vehicles.

"3. The States of New Jersey and New York hereby find and declare that many of the

evils above described result not only from the causes above described but from the lack of regulation of the occupation of stevedores; that such stevedores have engaged in corrupt practices to induce their hire by carriers of freight by water and to induce officers and representatives of labor organizations to betray their trust to the members of such labor organizations.

"4. The States of New Jersey and New York hereby find and declare that the occupations of longshoremen, stevedores, pier superintendents, hiring agents, and port watchmen are affected with a public interest requiring their regulation and that such regulation shall be deemed an exercise of the police power of the two States for the protection of the public safety, welfare, prosperity, health, peace, and living conditions of the people of the two States.

"ARTICLE II

"Definitions

"As used in this compact: ""The Port of New York district' shall mean the district created by article II of the compact dated April 30, 1921, between the States of New York and New Jersey, authorized by chapter 154 of the laws of New York of 1921 and chapter 151 of the laws of New Jersey of 1921.

""Commission' shall mean the waterfront commision of New York harbor established by article III hereof.

""Pier' shall include any wharf, pier, dock, or quay.

""Other waterfront terminal' shall include any warehouse, depot or other terminal (other than a pier) which is located within 1,000 yards of any pier in the port of New York district and which is used for waterborne freight in whole or substantial part.

"Person' shall mean not only a natural person but also any partnership, joint venture, association, corporation, or any other legal entity but shall not include the United States, any State or Territory thereof, or any department, division, board, commission, or authority of one or more of the foregoing.

""Carrier of freight by water' shall mean any person who may be engaged or who may hold himself out as willing to be engaged, whether as a common carrier, as a contract carrier or otherwise (except for carriage of liquid cagoes in bulk in tank vessels designed for use exclusively in such service or carriage by barge of bulk cargoes consisting of only a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count) in the carriage of freight by water between any point in the port of New York district and a point outside said district.

""Waterborne freight' shall mean freight carried by or consigned for carriage by carriers of freight by water.

66

'Longshoreman' shall mean a natural person, other than a hiring agent, who is employed for work at a pier or other waterfront terminal, either by a carrier of freight by water or by a stevedore

"(a) physically to move waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals, or

"(b) to engage in direct and immediate checking of any such freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores, or

"(c) to supervise directly and immediately others who are employed as in subdivision (a) of this definition.

""Pier superintendent' shall mean any natural person other than a longshoreman who is employed for work at a pier or other waterfront terminal by a carrier of freight by water or a stevedore and whose work at such pier or other waterfront terminal in

cludes the supervision, directly or indirectly, of the work of longshoremen.

"'Port watchman' shall include any watchman, gateman, roundsman, detective, guard, guardian or protector of property employed by the operator of any pier or other waterfront terminal or by a carrier of freight by water to perform services in such capacity on any pier or other waterfront terminal.

"Longshoremen's register' shall mean the register of eligible longshoremen compiled and maintained by the commission pursuant to article VIII.

""Stevedore' shall mean a contractor (not including an employee) engaged for compensation pursuant to a contract or arrangement with a carrier of freight by water, in moving waterborne freight carried or consigned for carriage by such carrier on vessels of such carrier berthed at piers, on piers at which such vessels are berthed or at other waterfront terminals.

""Hiring agent' shall mean any natural person, who on behalf of a carrier of freight by water or a stevedore shall select any longshoreman for employment.

""Compact' shall mean this compact and rules or regulations lawfully promulgated thereunder.

"ARTICLE III

"Waterfront commission of New York Harbor

"1. There is hereby created the waterfront commission of New York Harbor, which shall be a body corporate and politic, an instrumentality of the States of New York and New Jersey.

"2. The commission shall consist of 2 members, 1 to be chosen by the State of New Jersey and 1 to be chosen by the State of New York. The member representing each State shall be appointed by the Governor of such State with the advice and consent of the Senate thereof, without regard to the State of residence of such member, and shall receive compensation to be fixed by the Governor of such State. The term of office of each member shall be for 3 years: Provided, however, That the members first appointed shall be appointed for a term to expire June 30, 1956. Each member shall hold office until his successor has been appointed and qualified. Vacancies in office shall be filled for the balance of the unexpired term in the same manner as original appointments.

"3. The commission shall act only by unanimous vote of both members thereof. Any member may, by written instrument filed in the office of the commission, designate any officer or employee of the commission to act in his place as a member whenever he shall be unable to attend a meeting of the commission. A vacancy in the office of a member shall not impair such designation until the vacancy shall have been filled.

"ARTICLE IV

"General powers of commission

"In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:

"1. To sue and be sued;

"2. To have a seal and alter the same at pleasure;

"3. To acquire, hold and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;

"4. To determine the location, size, and suitability of accommodations necessary and desirable for the establishment and maintenance of the employment information centers provided in article XII hereof and for administrative offices for the commission;

"5. To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications and fix their compensation and retain and employ counsel and private consultants on a contract basis or otherwise;

"6. To administer and enforce the provisions of this compact;

"7. To make and enforce such rules and regulations as the commission may deem necessary to effectuate the purposes of this compact or to prevent the circumvention or evasion thereof, to be effective upon publication in the manner which the commission shall prescribe and upon filing in the office of the secretary of state of each State. A certified copy of any such rules and regulations, attested as true and correct by the commission, shall be presumptive evidence of the regular making, adoption, approval, and publication thereof;

"8. By its members and its properly designated officers, agents, and employees, to administer oaths and issue subpenas throughout both States to compel the attendance of witnesses and the giving of testimony and the production of other evidence;

"9. To have for its members and its properly designated officers, agents, and employees, full and free access, ingress, and egress to and from all vessels, piers, and other waterfront terminals or other places in the port of New York district, for the purposes of making inspection or enforcing the provisions of this compact; and no person shall obstruct or in any way interfere with any such member, officer, employee, or agent in the making of such inspection, or in the enforcement of the provisions of this compact or in the performance of any other power or duty under this compact;

"10. To recover possession of any suspended or revoked license issued under this compact;

"11. To make investigations, collect, and compile information concerning waterfront practices generally within the port of New York district and upon all matters relating to the accomplishment of the objectives of this compact;

"12. To advise and consult with representatives of labor and industry and with public officials and agencies concerned with the effectuation of the purposes of this compact, upon all matters which the commission may desire, including but not limited to the form and substance of rules and regulations, the administration of the compact, maintenance of the longshoremen's register, and issuance and revocation of licenses;

"13. To make annual and other reports to the governors and legislatures of both States containing recommendations for the improvement of the conditions of waterfront labor within the port of New York district, for the alleviation of the evils described in article I and for the effectuation of the purposes of this compact. Such annual reports shall state the commission's finding and determination as to whether the public necessity still exists for (a) the continued registration of longshoremen, (b) the continued licensing of any occupation or employment required to be licensed hereunder and (c) the continued public operation of the employment information centers provided for in article XII;

"14. To cooperate with and receive from any department, division, bureau, board, commission, or agency of either or both States, or of any county or municipality thereof, such assistance and data as will enable it properly to carry out its powers and duties hereunder; and to request any such department, division, bureau, board, commission, or agency, with the consent thereof, to execute such of its functions and powers, as the public interest may require.

"The powers and duties of the commission may be exercised by officers, employees, and agents designated by them, except the power to make rules and regulations. The commission shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either State concurred in by the legislature of the other.

"ARTICLE ▼ "Pier superintendents and hiring agents "1. On or after the 1st day of December, 1953, no person shall act as a pier superintendent or as a hiring agent within the port of New York district without first having obtained from the commission a license to act as such pier superintendent or hiring agent, as the case may be, and no person shall employ or engage another person to act as a pier superintendent or hiring agent who is not so licensed.

"2. A license to act as a pier superintendent or hiring agent shall be issued only upon the written application, under oath, of the person proposing to employ or engage another person to act as such pier superintendent or hiring agent, verified by the prospective licensee as to the matters concerning him, and shall state the following:

"(a) The full name and business address of the applicant;

"(b) The full name, residence, business address (if any), place and date of birth and social-security number of the prospective licensee;

"(c) The present and previous occupations of the prospective licensee, including the places where he was employed and the names of his employers;

"(d) Such further facts and evidence as may be required by the Commission to ascertain the character, integrity and identity of the prospective licensee; and

"(e) That if a license is issued to the prospective licensee, the applicant will employ such licensee as pier superintendent or hiring agent, as the case may be.

"3. No such license shall be granted "(a) Unless the Commission shall be satisfied that the prospective licensee possesses good character and integrity;

"(b) If the prospective licensee has, without subsequent pardon, been convicted by a court of the United States, or any State or territory thereof, of the Commission of, or the attempt or conspiracy to commit treason, murder, manslaughter or any felony or high misdemeanor or any of the following misdemeanors or offenses; illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding an escape from prison; unlawfully possessing or distributing habit-forming narcotic drugs; and violation of this compact. Any such prospective licensee ineligible for a license by reason of any such conviction may submit satisfactory evidence to the Commission that he has for a period of not less than 5 years, measured as hereinafter provided, and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the Commission may, in its discretion, issue an order removing such ineligibility. The aforesaid period of 5 years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence;

"(c) If the prospective licensee knowingly or wilfully advocates the desirability of overthrowing or destroying the Government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy.

"4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the prospective licensee possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver to the propective licensee a license to act as pier superintendent or hiring agent for the appli

cant, as the case may be, and shall inform the applicant of his action. The commission may issue a temporary permit to any prospective licensee for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of 30 days.

"5. No person shall be licensed to act as a pier superintendent or hiring agent for more than one employer, except at a single pier or other waterfront terminal, but nothing in this article shall be construed to limit in any way the number of prier superintendents or hiring agents any employer may employ.

"6. A license granted pursuant to this article shall continue through the duration of the licensee's employment by the employer who shall have applied for his license. "7. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses:

"(a) Conviction of a crime or act by the licensee or other cause which would require or permit his disqualification from receiving a license upon original application;

"(b) Fraud, deceit or misrepresentation in securing the license, or in the conduct of the licensed activity;

"(c) Violation of any of the provisions of this compact;

"(d) Addiction to the use of or trafficking in morphine, opium, cocaine or other narcotic drug;

"(e) Employing, hiring or procuring any person in violation of this compact or inducing or otherwise aiding or abetting any person to violate the terms of this compact;

(f) Paying, giving, causing to be paid or given or offering to pay or give to any person any valuable consideration to induce such other person to violate any provision of this compact or to induce any public officer, agent or employee to fail to perform his duty hereunder;

"(g) Consorting with known criminals for an unlawful purpose;

"(h) Transfer or surrender of possession of the license to any person either temporarily or permanently without satisfactory explanation;

"(i) False impersonation of another licensee under this compact;

"(j) Receipt or solicitation of anything of value from any person other than the licensee's employer as consideration for the selection or retention for employment of any longshoreman;

"(k) Coercion of a longshoreman by threat of discrimination or violence or economic reprisal, to make purchases from or to utilize the services of any person;

"(1) Lending any money to or borrowing any money from a longshoreman for which there is a charge of interest or other consideration; and

“(m) Membership in a labor organization which represents longshoremen or port watchmen; but nothing in this section shall be deemed to prohibit pier superintendents or hiring agents from being represented by a labor organization or organizations which do not also represent longshoremen or port watchmen. The American Federation of Labor, the Congress of Industrial Organizations and any other similar federation, congress, or other organization of national or international occupational or industrial labor organizations shall not be considered an organization which represents longshoremen or port watchmen within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshoremen or port watchmen.

"ARTICLE VI "Stevedores

"1. On or after the first day of December, 1953, no person shall act as a stevedore having first obtained a license from the comwithin the port of New York district without

mission, and no person shall employ a stevėdore to perform services as such within the port of New York district unless the stevedore is so licensed.

"2. Any person intending to act as a stevedore within the port of New York district shall file in the office of the commission a written application for a license to engage in such occupation, duly signed and verified as follows:

"(a) If the applicant is a natural person, the application shall be signed and verified by such person and if the applicant is a partnership, the application shall be signed and verified by each natural person composing or intending to compose such partnership. The application shall state the full name, age, residence, business address (if any), present and previous occupations of each natural person so signing the same, and any other facts and evidence as may be required by the commission to ascertain the character, integrity, and identity of each natural person so signing such application.

"(b) If the applicant is a corporation, the application shall be signed and verified by the president, secretary, and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, the names and addresses of, and the amount of the stock held by stockholders owning 5 percent or more of any of the stock thereof, and of all officers (including all members of the board of directors). The requirements of subdivision (a) of this section as to a natural person who is a member of a partnership, and such requirements as may be specified in rules and regulations promulgated by the commission, shall apply to each such officer or stockholder and their successors in office or interest as the case may be.

"In the event of the death, resignation, or removal of any officer, and in the event of any change in the list of stockholders who shall own 5 percent or more of the stock of the corporation, the secretary of such corporation shall forthwith give notice of that fact in writing to the commission, certified by said secretary.

"3. No such license shall be granted

"(a) If any person whose signature or name appears in the application is not the real party in interest required by section 2 of this article to sign or to be identified in the application or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest;

“(b) Unless the commission shall be satisfied that the applicant and all members, officers, and stockholders required by section 2 of this article to sign or be identified in the application for license possess good character and integrity;

"(c) Unless the applicant is either a natural person, partnership, or corporation;

"(d) Unless the applicant shall be a party to a contract then in force or which will take effect upon the issuance of a license, with a carrier of freight by water for the loading and unloading by the applicant of one or more vessels of such carrier at a pier within the port of New York district;

"(e) If the applicant or any member, officer, or stockholder required by section 2 of this article to sign or be identified in the application for license has, without subsequent pardon, been convicted by a court of the United States or any State or Territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter, or any felony or high