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misdemeanor or any of the misdemeanors or offenses described in subdivision (b) of section 3 of article V. Any applicant ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that the person whose conviction was the basis of ineligiblity 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 ineligiblity. 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;

"(f) If, on or after July 1, 1953, the applicant has paid, given, caused to have been paid or given or offered to pay or give to any officer or employee of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or to induce such person to procure the employment of the applicant by such carrier for the performance of stevedoring services;

"(g) If, on or after July 1, 1953, the applicant has paid, given, caused to be paid or given or offered to pay or give to any officer or representative of a labor organization any valuable consideration for an improper or unlawful purpose or to induce such officer or representative to subordinate the interests of such labor organization or its members in the management of the affairs of such labor organization to the interests of the applicant.

"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 applicant possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver a license to such applicant. The commission may issue a temporary permit to any applicant 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. A license granted pursuant to this article shall be for a term of 2 years or fraction of such 2-year period, and shall expire on the first day of December of each odd-numbered year. In the event of the death of the licensee, if a natural person, or its termination or dissolution by reason of the death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type required by subdivision (d) of section 3 of this article, the license shall terminate 90 days after such event or upon its expiration date, whichever shall be sooner. A license may be renewed by the commission for successive 2-year periods upon fulfilling the same requirements as are set forth in this article for an original application.

"6. 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 on the part of the licensee or of any person required by section 2 of this article to sign or be identified in an original application for a license:

"(a) Conviction of a crime or other cause which would permit or require disqualification to the licensee 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) Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee's receipts and disbursements arising out of his

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activities within the port of New York district;

"(d) Failure to keep said books and records available during business hours for inspection by the commission and its duly designated representatives until the expiration of the fifth calendar year following the calendar year during which occurred the transactions recorded therein;

"(e) Any other offense described in subdivisions (c) to (i), inclusive, of section 7 of article V.

"ARTICLE VII

"Prohibition of public loading

"1. The States of New Jersey and New York hereby find and declare that the transfer of cargo to and from trucks at piers and other waterfront terminals in the port of New York district has resulted in vicious and notorious abuses by persons commonly known as 'public loaders.' There is compelling evidence that such persons have exacted the payment of exorbitant charges for their services, real and alleged, and otherwise extorted large sums through force, threats of violence, unauthorized labor disturbances and other coercive activities, and that they have been responsible for and abetted criminal activities on the waterfront. These practices which have developed in the port of New York district impose unjustified costs on the handling of goods in and through the port of New York district, and increase the prices paid by consumers for food, fuel, and other necessaries, and impair the economic stability of the port of New York district. It is the sense of the Legislatures of the States of New York and New Jersey that these practices and conditions must be eliminated to prevent grave injury to the welfare of the people.

"2. It is hereby declared to be against the public policy of the States of New Jersey and New York and to be unlawful for any person to load or unload waterborne freight onto or from vehicles other than railroad cars at piers or at other waterfront terminals within the port of New York district, for a fee or other compensation, other than the following persons and their employees:

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(a) Carriers of freight by water, but only at piers at which their vessels are berthed; "(b) Other carriers of freight (including but not limited to railroads and truckers), but only in connection with freight transported or to be transported by such carriers;

"(c) Operators of piers or other waterfront terminals (including railroads, truck terminal operators, warehousemen and other persons), but only at piers or other waterfront terminals operated by them;

"(d) Shippers or consignees of freight, but only in connection with freight shipped by such shipper or consigned to such consignee;

"(e) Stevedores licensed under article VI, whether or not such waterborne freight has been or is to be transported by a carrier of freight by water with which such stevedore shall have a contract of the type prescribed by subdivision (d) of section 3 of article VI. "Nothing herein contained shall be deemed to permit any such loading or unloading of any waterborne freight at any place by any such person by means of any independent contractor, or any other agent other than an employee, unless such independent contractor is a person permitted by this article to load or unload such freight at such place in his own right.

"ARTICLE VIII "Longshoremen

"1. The commission shall establish a longshoremen's register in which shall be included all qualified longshoremen eligible, as hereinafter provided, for employment as such in the port of New York district. On or after the 1st day of December 1953, no person shall act as a longshoreman within the port of New York district unless at the time he is in

cluded in the longshoremen's register, and no person shall employ another to work as a longshoreman within the port of New York district unless at the time such other person is included in the longshoremen's register.

"2. Any person applying for inclusion in the longshoremen's register shall file at such place and in such manner as the commission shall designate a written statement, signed and verified by such person, setting forth his full name, residence address, social-security number, and such further facts and evidence as the commission may prescribe to establish the identity of such person and his criminal record, if any.

"3. The commission may in its discretion deny application for inclusion in the longshoremen's register by a person

"(a). Who has been convicted by a court of the United States or any State or Territory thereof, without subsequent pardon, of treason, murder, manslaughter or of any felony or high misdemeanor or of any of the misdemeanors or offenses described in subdivision (b) of section 3 of artivle V or of attempt or conspiracy to commit any of such crimes;

"(b) Who knowingly or willingly advocates the desirability of overthrowing or destroying the Government of the United States by force or violence or who shall be a member of a group which advocates such desirability knowing the purposes of such group includes

such advocacy;

"(c) Whose presence at the piers or other waterfront terminals in the port of New York district is found by the commission on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety;

"4. Unless the commission shall determine to exclude the applicant from the longshoremen's register on a ground set forth in section 3 of this article it shall include such person in the longshoremen's register. The commission may permit temporary registration of any applicant under the provisions of this article pending final action on an application made for such registration. Any such temporary registration shall be valid for a period not in excess of 30 days.

"5. The commission shall have power to reprimand any longshoremen registered under this article or to remove him from the longshoremen's register for such period of time as it deems in the public interest for any of the following offenses:

"(a) Conviction of a crime or other cause which would permit disqualification of such person from inclusion in the longshoremen's register upon original application;

"(b) Fraud, deceit or misrepresentation in securing inclusion in the longshoremen's register;

"(c) Transfer or surrender of possession to any person either temporarily or permanently of any card or other means of identification issued by the commission as evidence of inclusion in the longshoremen's register, without satisfactory explanation;

“(d) False impersonation of another longshoreman registered under this article or of another person licensed under this compact;

"(e) Willful commission of or willful attempt to commit at or on a waterfront terminal or adjacent highway any act of physical injury to any other person or of wilful damage to or misappropriation of any other person's property, unless justified or excused by law; and

"(f) Any other offense described in subdivisions (c) to (f) inclusive of section 7 of article V.

"6. The commission shall have the right to recover possession of any card or other means of identification issued as evidence of inclusion in the longshoremen's register in the event that the holder thereof has been removed from the longshoremen's register.

"7. Nothing contained in this article shall be construed to limit in any way any rights of labor reserved by article XV.

"ARTICLE IX

“Regularization of longshoremen's employment

"1. On or after the 1st day of December 1954, the commission shall, at regular intervals, remove from the longshoremen's register any person who shall have been registered for at least 9 months and who shall have failed during the preceding 6 calendar months either to have worked as a longshoreman in the port of New York district or to have applied for employment as a longshoreman at an employment information center established under article XII for such minimum number of days as shall have been established by the commission pursuant to section 2 of this article.

"2. On or before the 1st day of June 1954, and on or before each succeeding 1st day of June or December, the commission shall, for the purposes of section one of this article, establish for the 6-month period beginning on each such date a minimum number of days and the distribution of such days during such period.

"3. In establishing any such minimum number of days or period, the commission shall observe the following standards:

"(a) To encourage as far as practicable the regularization of the employment of

longshoremen;

"(b) To bring the number of eligible longshoremen more closely into balance with the demand for longshoremen's services within the port of New York district without reducing the number of eligible longshoremen below that necessary to meet the requirements of longshoremen in the port of New York district;

"(c) To eliminate oppressive and evil hiring practices affecting longshoremen and waterborne commerce in the port of New York district;

"(d) To eliminate unlawful practices inJurious to waterfront labor; and

States, the court and date of his naturalization; and

"(d) Such further facts and evidence as may be required by the commission to ascertain the character, integrity and identity of the applicant.

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

"(b) If the applicant has, without subsequent pardon, been convicted by a court of the United States or of 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 misdemeanors or offenses described in subdivision (b) of section 3 of article V;

"(c) Unless the applicant shall meet such reasonable standards of physical and mental fitness for the discharge of his duties as may from time to time be established by the commission;

"(d) If the applicant shall be a member of any labor organization which represents longshoremen or pier superintendents or hiring agents; but nothing in this article shall be deemed to prohibit port watchmen from being represented by a labor organization or organizations which do not also represent longshoremen or pier superintendents or hiring agents. 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 pier superintendents or hiring agents within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshoremen or pier superintendents or hiring agents.

"(e) If the applicant knowingly or wilfully advocates the desirability of overthrowing or destroying the Government of the United

"(e) To establish hiring practices and conditions which will permit the termina-States by force or violence or shall be a memtion of governmental regulation and intervention at the earliest opportunity.

"4. A longshoreman who has been removed from the longshoremen's register pursuant to this article may seek reinstatement upon fulfilling the same requirements as for initial inclusion in the longshoremen's register, but not before the expiration of 1 year from the date of removal, except that immediate reinstatement shall be made upon proper showing that the registrant's failure to work or apply for work the minimum number of days above described was caused by the fact that the registrant was engaged in the military service of the United States or was incapacitated by ill health, physical injury, or other good cause.

"5. Notwithstanding any other provision of this article, the commission shall at any time have the power to register longshoremen on a temporary basis to meet special or emergency needs.

66 'ARTICLE X

"Port watchman

"1. On or after the 1st day of December, 1953, no person shall act as a port watchman within the port of New York district without first having obtained a license from the commission, and no person shall employ a port watchman who is not so licensed.

"2. A license to act as a port watchman shall be issued only upon written application, duly verified, which shall state the following:

"(a) The full name, residence, business address (if any), place and date of birth and social security number of the applicant;

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

"(c) The citizenship of the applicant and, if he is a naturalized citizen of the United

ber of a group which advocates such desirability, knowing the purpose 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 applicant possesses the qualifications and requirements prescribed by this article and regulations issued pursuant thereto, the commission shall issue and deliver a license to the applicant. The commission may issue a temporary permit to any applicant 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. A license granted pursuant to this article shall continue for a term of 3 years. A license may be renewed by the commission for successive 3-year periods upon fulfilling the same requirements as are set forth in this article for an original application.

"6. 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 other cause which would permit or require his disqualification from receiving a license upon original application;

"(b) Fraud, deceit or misrepresentation in securing license; and

"(c) Any other offense described in subdivisions (c) to (i), inclusive, of section 7 of article V.'

"ARTICLE XI

"Hearings, determinations, and review "1. The commission shall not deny any application for a license or registration without giving the applicant or prospective li

censee reasonable prior notice and opportunity to be heard.

"2. Any application for a license or for inclusion in the longshoremen's register, and any license issued or registration made, may be denied, revoked, canceled, suspended as the case may be, only in the manner prescribed in this article.

"3. The commission may on its own initiative or on complaint of any person, including any public official or agency, institute proceedings to revoke, cancel or suspend any license or registration after a hearing at which the licensee or registrant and any person making such complaint shall be given an opportunity to be heard, provided that any order of the commission revoking, canceling or suspending any license or registration shall not become effective until 15 days subsequent to the serving of notice thereof upon the licensee or registrant unless in the opinion of the commission the continuance of the license or registration for such period would be inimicable to the public peace or safety. Such hearing shall be held in such manner and upon such notice as may be prescribed by the rules of the commission, but such notice shall be of not less than 10 days and shall state the nature of the complaint.

"4. Pending the determination of such hearing pursuant to section 3 the commission may temporarily suspend a license or registration if in the opinion of the commission the continuance of the license or registration for such period is inimicable to the public peace or safety.

"5. The commission, or such member, office, employee or agent of the commission as may be designated by the commission for such purpose, shall have the power to issue subpenas throughout both States to compel the attendance of witnesses and the giving of testimony or production of other evidence and to administer oaths in connection with any such hearing. It shall be the duty of the commission or of any such member, officer, employee, or agent of the commission designated by the commission for such purpose to issue subpenas at the request of and upon behalf of the licensee, registrant, or applicant. The commission or such person conducting the hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure in the conduct of such hearing.

"6. Upon the conclusion of the hearing, the commission shall take such action upon such findings and determination as it deems proper and shall execute and order carrying such findings into effect. The action in the case of an application for a license or registration shall be the granting or denial thereof. The action in the case of a licensee shall be revocation of the license or suspension thereof for a fixed period or reprimand or a dismissal of the charges. The action in the case of a registered longshoreman shall be dismissal of the charges, reprimand or removal from the longshoremen's register for a fixed period or permanently.

"7. The action of the commission in denying any application for a license or in refusing to include any person in the longshoremen's register under this compact or in suspending or revoking such license or removing any person from the longshoremen's register or in reprimanding a licensee or registrant shall be subject to judicial review by a proceeding instituted in either State at the instance of the applicant, licensee or registrant in the manner provided by the law of such State for review of the final decision or action of administrative agencies of such State: Provided, however, That notwithstanding any other provision of law the court shall have power to stay for not more than 30 days an order of the commission suspending or revoking a license or removing a longshoreman from the longshoremen's register.

ARTICLE XII

"Employment information centers

"1. The States of New Jersey and New York hereby find and declare that the method of employment of longshoremen and port watchmen in the port of New York district, commonly known as the 'shape-up,' has resulted in vicious and notorious abuses, of which such employees have been

the principal victims. There is compelling evidence that the 'shape-up' has permitted and encouraged extortion from employees as the price of securing or retaining employment and has subjected such employees to threats of violence, unwilling joinder in unauthorized labor disturbances and criminal activities on the waterfront. The 'shapeup' has thus resulted in a loss of fundamental rights and liberties of labor, has impaired the economic stability of the port of New York district and weakened law enforcement therein. It is the sense of the Legislatures of the States of New Jersey and New York that these practices and conditions must be eliminated to prevent grave injury to the welfare of waterfront laborers and to the people at large and that the elimination of the 'shape-up' and the establishment of a system of employment information centers are necessary to a solution of these public problems.

"2. The commission shall establish and maintain one or more employment information centers in each State within the port of New York district at such locations as

it may determine. No person shall, directly or indirectly, hire any person for work as a longshoreman or port watchman within the port of New York district, except through such particular employment information center or centers as may be prescribed by the commission. No person shall accept any employment as a longshoreman or port watchman within the port of New York district, except through such an employment information center. At each such employment information center the commission shall keep and exhibit the longeshoremen's register and any other records it shall determine to the end that longshoremen and port watchmen shall have the maximum information as to available employment as such at any time within the port of New York district and to the end that employers shall have an adequate opportunity to fill their requirements of registered longshoremen and port watchmen at all times.

"3. Every employer of longshoremen or port watchmen within the port of New York district shall furnish such information as may be required by the rules and regulations prescribed by the commission with regard to the name of each person hired as a longshoreman or port watchman, the time and place of hiring, the time, place, and hours of work, and the compensation therefor.

"4. All wage payments to longshoremen or port watchmen for work as such shall be made by check or cash evidenced by a written voucher receipted by the person to whom such cash is paid. The commission may arrange for the provision of facilities for cashing such checks.

"ARTICLE XIII

"Expenses of administration

"1. By concurrent legislation enacted by their respective legislatures, the two States may provide from time to time for meeting the commission's expenses. Until other provision shall be made, such expense shall be met as authorized in this article.

"2. The commission shall annually adopt a budget of its expenses for each year. Each budget shall be submitted to the Governors of the two States and shall take effect as submitted: Provided, That either Governor may within 30 days disapprove or reduce any item or items, and the budget shall be adjusted accordingly.

“3. After taking into account such funds as may be available to it from reserves, Fed

eral grants, or otherwise, the balance of the commission's budgeted expenses shall be assessed upon employers of persons registered or licensed under this compact. Each such employer shall pay to the commission an assessment computed upon the gross payroll payments made by such employer to longshoremen, pier superintendents, hiring agents, and port watchmen for work or labor performed within the port of New York dis

trict, at a rate, not in excess of 2 percent, computed by the commissioner in the following manner: the commission shall annually estimate the gross payroll payments to be made by employers subject to assessment and shall compute a rate thereon which will yield revenue sufficient to finance the commission's budget for each year. Such budget may include a reasonable amount for a reserve, but such amount shall not exceed 10 percent of the total of all other items of expenditure contained therein. Such reserve shall be used for the stabilization of annual assessments, the payment of operating deficits, and for the repayment of advances made by the two States.

"4. The amount required to balance the commission's budget, in excess of the estimated yield of the maximum assessment, shall be certified by the commission, with the approval of the respective governors, to the legislatures of the two States, in proportion to the gross annual wage payments made to longshoremen for work in each State within the port of New York district. The legislatures shall annually appropriate to the commission the amount so certified.

"5. The commission may provide by regulation for the collection and auditing of assessments. Such assessments hereunder shall be payable pursuant to such provisions for administration, collection, and enforcement as the States may provide by concurrent legislation. In addition to any other sanction provided by law, the commission may revoke or suspend any license held by any person under this compact, or his privilege of employing persons registered or licensed hereunder, for nonpayment of any assessment when due.

"6. The assessment hereunder shall be in lieu of any other charge for the issuance of licenses to stevedores, pier superintendents, hiring agents, and port watchmen or for the registration of longshoremen or use of an employment information center. The commission shall establish reasonable procedures for the consideration of protests by affected employees concerning the estimates and computation of the rate of assessment.

"ARTICLE XIV

“General violations; prosecutions; penalties

"1. The failure of any witness, when duly subpenaed to attend, give testimony or produce other evidence, whether or not at a hearing, shall be punishable by the superior court in New Jersey and the supreme court in New York in the same manner as said failure is punishable by such court in a case therein pending.

"2. Any person who, having been sworn or affirmed as a witness in any such hearing, shall willfully give false testimony or who shall willfully make or file any false or fraudlent report or statement required by this compact to be made or filed under oath, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than 1 year or

both.

"3. Any person who violates or attempts or conspires to violate any other provision of this compact shall be punishable as may be provided by the two States by action of the legislature of either State concurred in by the legislature of the other.

"4. Any person who interferes with or impedes the orderly registration of longshoremen pursuant to this compact or who conspires to or attempts to interfere with or impede such registration shall be pun

ishable as may be provided by the two States by action of the legislature of either State concurred in by the legislature of the other.

"5. Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner practices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from registering pursuant to this compact shall be punishable as may be provided by the two States by action of the legislature of either State concurred in by the legislature of the other.

"6. In any prosecution under this compact, it shall be sufficient to prove only a single act (or a single holding out or attempt) prohibited by law, without having to prove a general course of conduct, in order to prove a violation.

"ARTICLE XV

"Collective bargaining safeguarded "1. This compact is not designed and shall not be construed to limit in any way any rights granted or derived from any other statute or any rule of law for employees to organize in labor organizations, to bargain collectively and to act in any other way individually, collectively, and through labor organizations or other representatives of their own choosing. Without limiting the generality of the foregoing, nothing contained in this compact shall be construed to limit in any way the right of employees to strike.

"2. This compact is not designed and shall not be construed to limit in any way any rights of longshoremen, hiring agents, pier superintendents or port watchmen or their employers to bargain collectively and agree upon any method for the selection of such employees by way of seniority, experience, regular gangs or otherwise, Provided, That such employees shall be licensed or registered hereunder and such longshoremen and port watchmen shall be hired only through the employment information centers established hereunder and that all other provisions of this compact be observed.

"ARTICLE XVI

"Amendments; construction; short title "1. Amendments and supplements to this compact to implement the purpose thereof may be adopted by the action of the legislature of either State concurred in by the legislature of the other.

"2. If any part or provision of this compact or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the applicaton thereof to other persons or crcumstances and the two States hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent.

"3. In accordance with the ordinary rules for construction of interstate compacts this compact shall be liberally construed to eliminate the evils described therein and to effectuate the purposes thereof.

"4. This compact shall be known and may be cited as the 'Waterfront Commission Compact.'

"SEC. 2. The Secretary of Labor, from time to time upon application made as authorized by the compact hereby consented to, or by concurrent legislation of the two States thereunder, shall certify to the Secretary of the Treasury for payment to the commission established by that compact, such amounts as the Secretary of Labor determines to be necessary for the proper and efficient administration of employment information centers established pursuant to the compact.

The amounts so certified shall be paid by the Secretary of the Treasury to the said commission out of such funds as are appropriated to carry out the purposes of the act of June 6, 1933 (48 Stat. 113), as amended, and subject to the same requirements as are imposed for other payments under that act, to the extent that such requirements are not inconsistent herewith.

"SEC. 3. The right to alter, amend, or repeal this act is hereby expressly reserved."

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

Mr. HENDRICKSON. I yield to the Senator from Washington.

Mr. MAGNUSON. I do not wish to appear to be putting a damper upon what the distinguished chairman of my committee has said about immediate action.

As a member of the subcommittee, I join with all Senators in paying tribute to the Senator from New Hampshire [Mr. TOBEY]. I have had some experience in waterfront matters. However, I wonder if the Senator's suggestion would mean approval of the compact as written, word for word by the two States, or whether it would give to the two States authority to make a new compact or an additional compact.

Mr. HENDRICKSON. The compact is so drawn that it can be implemented by State legislatures subsequently.

Mr. MAGNUSON. With due respect, I am certain the Senate wants to approve what the States have done, but in the compact as written there may be some provisions pertaining to the administration of the waterfront that might appear, in the minds of persons who have the same objective, as not accomplishing the purpose. I feel certain there will be discussion of the advisability of the public license feature, which has nothing to do with the desire of all of us to clean up what has been happening along the waterfront.

If the compact comes before our committee, I should like to see included authority to make it sufficiently flexible to enable the two States themselves to make such changes or amendments as may be deemed necessary in the future, in order to accomplish the goal.

Mr. HENDRICKSON. I feel quite confident, as I believe the distinguished Senator from Washington will when he has had an opportunity to study the language of the compact and its technical phases, that the compact embodies provisions which will allow the legislatures of both States to meet almost any contingency.

Mr. MAGNUSON. I would not want to see the committee approve any compact that would not allow the two States to have flexibility of action, as conditions might arise in different situations.

Mr. HENDRICKSON. I believe the Senator will find a section in the legislation of both States that allows for implementation.

Mr. MAGNUSON. I shall be glad to meet tomorrow morning with the chairman of the subcommittee.

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

Mr. HENDRICKSON. I am glad to yield.

Mr. TOBEY. In response to the remarks of my good friend, the distinguished Senator from New Jersey, I say

certain labor unions, notably the International Longshoremen's Union, are riding for a fall. They have been riding too high, wide, and handsome. We are dealing with crooks and criminals. The end is coming into sight now.

Recently I returned from New Orleans, where the longshoremen's organization is a part of the same longshoremen's union of which Joe Ryan is the head. Christian charity requires me to withhold any comments I might make about him.

Members of a great colored union, and their leader, and a great white union of dock workers met with our subcommittee in a courtroom in New Orleans last week. I began the examination by asking, "What initiation fee is paid to belong to the colored labor union?" The answer was, “A $202 initiation fee."

Then I asked, "What initiation fee does a member of the white union pay?" The answer was, "$100."

The poor colored dock worker is "soaked" $200, and the white worker pays $100.

Then I asked, "How much is peeled off the salary envelope every week?" The answer was, "Five percent."

I asked, "Is 5 percent taken from a worker's pay on every job?" The reply was, "Yes."

Then I asked, "What do you, as a labor leader, pay?" He answered, "I pay nothing."

I said to the audience, "How many belong to the union?"

Three hundred hands were raised in answer.

I said to the workers, "You are suckers. Kick this fellow out. He is a dictator. Kick him out."

Mr. President, I believe they are going to do it. Some of those who are leading the poor working people of the United States are false leaders.

Man's inhumanity to man is being exemplified in certain labor circles. Such Such labor unions had better take cover. They are riding for a fall. The time cannot come too soon. Let us clean them out. Who is running this country anyway, I ask-honest, God-fearing people, or crooked labor union leaders? We can give names and addresses.

Cry out, America, "Unclean, unclean." Kick them out, from Joe Ryan down. They are no good; they are un-American. I indict them before the bar of the Senate today.

In New York and New Jersey it has become almost a prerequisite to getting a job on the docks to be a criminal or to have a criminal record. Think that over, God-fearing America. Crooks get the first call for jobs on the docks. Decent men must wait until the shape-up takes place.

The mayor of Jersey City communed in private in a New York City hotel with the leader of a crooked union in New York. The gangster covered his face when he went into the hotel where the meeting was held.

I say to Senators that conditions on the waterfront are a sordid mess. It is about time the Senate, and the country as a whole, took notice of what is happening. I congratulate New York and New Jersey for moving in on this picture.

Mr. TOBEY subsequently said: Mr. President, earlier in the day, in connec

tion with the remarks of the Senator from New Jersey [Mr. HENDRICKSON), I spoke at some length on the New YorkNew Jersey dock scandal at the waterfront.

I also referred particularly to the hearing at New Orleans last week. I have in my hand excerpts from the New Orleans Times-Picayune, giving an account of the New Orleans dock labor conditions. I ask unanimous consent to have these excerpts printed in the RECORD at the conclusion of the remarks which I made earlier in the day.

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

DEMAND OUSTING OF DENNIS

Angry Negro longshoremen packed an uptown hall last night to demand the impeachment of union president Dave Dennis and an end to 5-percent salary assessments. Petitions to this effect were signed by many members.

Dennis, president of Local 1419, International Longshoremen's Association, AFL, was put through 2 days of tough questioning by the Tobey committee at recent hearings here.

Last night's meeting grew out of the committee's assertion that $287,000 is unaccounted for in the union's 5-percent fund.

The session opened in prayer meeting fashion with a hymn and the reciting of the 23d Psalm, "The Lord is My Shepherd * *

It wound up like a slam-bang urion hall rebellion and political rally. Three candidates for Dennis' job blasted his administration for bad leadership, misuse of union funds, a callous attitude to sick, old members, and with making threats against the men who called the meeting.

SEES COURT ACTIONS

A white attorney, John F. Connolly, former assistant city attorney, said a barrage of civil and criminal court actions will be thrown at Dennis to force him out of office.

A Negro leader, Leo Tankerson, said he himself already has tried to file an affidavit in the office of District Attorney Darden charging Dennis with stealing union funds.

Tankerson said the office has not yet accepted the affidavit pending completion of its own investigation.

Other longshoremen leading the revolt are Ernest James, Alvin Bocage, and Cornelius Smith. All are running for the office. James made the race in 1951. He told the Tobey men that Dennis slugged him, knocking out two front teeth.

(Dennis, asked about this under the spotlight, said James provoked the incident and the teeth were dental bridge, you could push a bridge out with your finger. * * *)

CHARGES BRIBE TRY

Bocage charged at the meeting last night that one of Dennis' leaders had tried to bribe him to call off the protest meeting.

Bocage hammered at the Dennis group with bitter sarcasm. He said the union men were kicking in 5 percent so Dennis could buy houses with down payments from union funds. (Dennis testified he made one such down payment, borrowing from the union.)

Bocage told of old, needy members, the old fathers, being kicked off the union benefit list.

Then he reached a shouting pitch and demanded that the union membership fire the entire Dennis administration. "They work for us, not us for them."

The meeting was held at Robinhood Hall, 2059 Jackson.

The floor space was packed by a standing crowd, and a loft also was filled. Estimates ran from 500 to more than 1,000. One

policeman, Patrolman Nicholas Nelson, was on duty. There was no trouble.

Rebel leaders said a Dennis delegation showed up, looked at the crowd and left. He said they were Horace Thigpen, Elmo Hunter, Willie Banks, R. L. Johnson, and Paul Gerry.

SPREAD PETITIONS

Two petitions were circulated. One demanded the end of 5 percent payment. The other drafted by Attorney Connolly, threw a triple punch at Dennis.

It demanded that:

Dennis be impeached and booted out of the union.

That the South Atlantic and Gulf District of ILA supervise a new election.

That criminal and civil action be taken against Dennis to enforce the legal and property rights of the members.

Bocage said the rebel group would have to get 2,200 of the 3,400 local members to sign to make the petitions effective under the union's two-thirds rule. Many signed last night.

The petitions will be circulated today at shapeup hiring gangs. Another meeting will be called in the next 5 days, Bocage said. Last night's meeting had been announced in a handbill circulated at the riverfront by the anti-Dennis leaders.

DENNIS IN HOUSTON

Dennis himself was in Houston attending a gulf district meeting of ILA. He is a salaried district official as well as local president.

Some of the speakers referred to him in respectful tones as "Pres."; "Pres. said so and so"; but the arguments always ended with whiplash charges that "Pres." had let them down.

Clarence "Chink" Henry, one of Dennis' braintrusters, took over in the absence of the leader. He and Robert B. Lewis, recording secretary, attacked the Bocage-James group in a handbill stating:

FEW DISGRUNTLED

"A few disgruntled longshoremen who ran for office and were defeated are spreading false propaganda about cutting the 5 percent out and getting you some money back.

"Do you want to work under the same conditions that existed before Dave Dennis was elected president?

"If anyone has any suggestions how we can maintain our organization on its present level without the 5 percent, they should bring it to the union headquarters in a regular or special meeting, where all members of local 1419 can be present.

"Men, do not be fooled. Do not prejudge anyone. When the investigation is completed you will be proud of the officers of local 1419."

About 1941 Harvey Netter blasted the then local president, Paul Hartman, on similar charges like those voiced against Dennis. Netter was elected.

In 1948 came Dennis' turn. He pointed out President Netter was driving a Cadillac. Dennis was elected.

In 1951 James and five others made a trial run against Dennis (a similar Cadillac issue was raised), but were overwhelmingly defeated. Now, with Tobey committee assertions for ammunition the campaign has started again.

Mr. HENDRICKSON. Mr. President, I think that if the Senate will ratify the compact at an early date, the people of New York and New Jersey, as well as the people throughout the United States, will be given new confidence because it seems to me that at this grave hour in the Nation's history it is the duty of the United States Senate to furnish leadership in combating crime, juvenile delinquency, and other conditions which to

day constitute a serious threat to our social and economic life.

Mr. MAGNUSON. Mr. President, will the Senator yield further?

Mr. HENDRICKSON. I yield. Mr. MAGNUSON. Probably the basis for all the occurrences the Senator from New Hampshire [Mr. TOBEY] and other Senators, including myself, discovered, particularly in the New Jersey and New York area, arose from the vicious shapeup system.

Mr. HENDRICKSON. I referred to the shape-up system in my statement. Mr. MAGNUSON. I think the public and the Senate ought to know that approval of the compact would forever prohibit a revival of the vicious shape-up system should the public ever again become apathetic.

Mr. TOBEY. The Senator is correct. Mr. MAGNUSON. The shape-up has laid the foundation for all these happenings.

Mr. HENDRICKSON. I thank the Senator from Washington for emphasizing this point because it is one of the important features of the compact.

Mr. SMITH of New Jersey subsequently said: Mr. President, I ask unanimous consent to have printed in the RECORD as a part of my remarks some observations which I had prepared to make earlier in the day, when my distinguished colleague [Mr. HENDRICKSON] introduced a compact between New Jersey and New York, which was referred to the Committee on Interstate and Foreign Commerce for prompt action. I had prepared some remarks on the subject. To save time, I ask unanimous consent that those remarks appear in the RECORD at the end of the presentation by my colleague [Mr. HENDRICKSON] at the time of the introduction of his bill earlier in the day.

There being no objection, the statement was ordered to be printed in the RECORD, as follows:

STATEMENT OF SENATOR SMITH OF NEW JERSEY I am happy to be a cosponsor of this bill.

I urge prompt action on this joint compact.

Recent investigations into certain illegal activities practiced in the harbor area of the city of New York have uncovered alarming instances of racketeering and gangsterism. Gangs of criminals have engaged in bribery, pilferage, and coercion of workers in order to enrich themselves at the expense of the employer, the worker, and the public. Similar occurrences of such extensive mob rule of waterfronts are rare.

To meet this threat to law and order, the States of New Jersey and New York propose a joint compact by which an unremitting drive against racketeering may be made. Uniting in quick and effective action, these States now ask that their compact be authorized by the Congress of the United States.

The compact aims at driving gangsterism from the harbor of New York. It proposes to free longshoremen from mob rule and to eliminate bribery and pilferage from the shipping industry. The result will be not only that the worker and employer will be freed from gang coercion, but also that the cost of consumer goods will be reduced by eliminating the illegal levy of criminals,

These aims are to be accomplished by certain measures included in the compact. Pier superintendents, hiring agents, steve

dores, and port watchmen must obtain a license. No person who is a convicted criminal may be so licensed. Regional employment exchanges are to be established. These provisions aim at destroying the unfair and dangerous shape-up system. Furthermore, longshoremen must be licensed. Public loading which provides the opportunity for pilferage is to be abolished. Finally, a waterfront commission is established to administer the compact and to make investigations into harbor practices.

This compact is the most effective means for combating gangster rule of our greatest harbor. I urge that the Senate give its authorization to the compact as quickly as possible, in order that New Jersey and New York may join together to fight racketeering in the New York harbor area. The legislatures of the two States have already passed the compact, and the effective implementation of the plan only awaits congressional approval.

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The PRESIDING OFFICER. Senator will state the inquiry. Mr. KNOWLAND. Is the Senate now in legislative session?

The PRESIDING OFFICER. It is.

Mr. KNOWLAND. Mr. President, I move that the Senate proceed to the consideration of Senate Resolution 139, which is No. 518 on the calendar. I may say for the information of Senators that the purpose is merely to make the resolution the unfinished business, and that I shall then move that the Senate go into executive session.

The PRESIDING OFFICER. The clerk will state the resolution by title.

The LEGISLATIVE CLERK. A resolution (S. Res. 139) citing Timothy J. O'Mara for contempt of the Senate.

The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Carolina.

The motion was agreed to; and the Senate proceeded to consider the resolution.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Bartlett, one of its clerks, announced that the House insisted upon its amendment to the bill (S. 252) to permit all civil actions against the United States for recovery of taxes erroneously or illegally assessed or collected to be brought in the district courts with the right of trial by jury, disagreed to by the Senate; agreed to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and that Mr. KEATING, Mr. CRUMPACKER, and Mr. WILLIS were appointed managers on the part of the House at the conference.

The message also announced that the House had disagreed to the amendments of the Senate to the bill (H. R. 4663), making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for

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