So Mr. HAYDEN'S amendment was agreed to. The PRESIDING OFFICER. The joint resolution is open to further amendment. If there be no further amendment to be proposed, the question is on the third reading of the joint resolution. The joint resolution was ordered to a third reading, and was read the third time. The PRESIDING OFFICER. The question now is, Shall the joint resolution pass? Bush Byrd Hill NAYS-11 Johnston, S. C. Russell Sparkman Stennis NOT VOTING-12 Maybank McCarran Johnson, Colo. Robertson MESSAGE FROM THE HOUSEENROLLED BILL SIGNED A message from the House of Representatives, by Mr. Maurer, its reading Mr. HAYDEN. Mr. President, I ask clerk, announced that the Speaker had for the yeas and nays. The yeas and nays were ordered, and the Chief Clerk called the roll. . Mr. SALTONSTALL. I announce that the Senator from Vermont [Mr. FLANDERS], the Senator from Wisconsin [Mr. MCCARTHY], the Senator from OHIO [Mr. TAFT], the Senator from Wisconsin [Mr. WILEY], and the Senator from Oregon [Mr. MORSE] are necessarily absent. If present and voting the Senator from Wisconsin [Mr. MCCARTHY] and the Senator from Oregon [Mr. MORSE] would each vote "yea." I further announce that the Senator from Oregon [Mr. CORDON] is absent on official business. If present and voting the Senator from Oregon [Mr. CORDON] would vote "yea." Mr. CLEMENTS. I announce that the Senator from Texas [Mr. DANIEL], the Senator from Arkansas [Mr. FULBRIGHT], and the Senator from West Virginia [Mr. KILGORE] are absent by leave of the Senate, The Senator from Delaware [Mr. FREAR] is absent on official business. The Senator from Wyoming [Mr. HUNT] is unavoidably detained. The Senator from Massachusetts [Mr. KENNEDY] is absent because of illness. I announce further that if present and voting, the Senator from Delaware [Mr. FREAR), the Senator from Wyoming [Mr. HUNT], and the Senator from West Virginia [Mr. KILGORE] Would vote "yea." The yeas and nays resulted-yeas 73, nays 11, as follows: affixed his signature to the enrolled bill (S. 2394) to amend the District of Columbia Police and Firemen's Salary Act of 1953, and it was signed by the President pro tempore. ENROLLED BILL PRESENTED The Secretary of the Senate reported that on today, July 14, 1953, he presented to the President of the United States the enrolled bill (S. 2394) to amend the District of Columbia Police and Firemen's Salary Act of 1953. LEGISLATIVE PROGRAM Mr. KNOWLAND. Mr. President, for the information of the Senate, when Senate bill 2383, proposing a compact between the States of New Jersey and New York, is disposed of, it will be the intention of the acting majority leader to move to recess the Senate until 12 o'clock noon tomorrow. There are a number of bills which it is proposed to consider tomorrow, including Calendar Nos. 577, Senate bill 2220; 582, Senate bill 2399; 485, Senate bill 1152; 526, Senate bill 1197; and 454, House bill 5349. The majority policy committee will diately get in touch with the minority meet tomorrow morning. I shall immeleader and at that time give him the diately get in touch with the minority numbers of any additional bills we may propose to take up. On Saturday we propose to have another call of the calendar, beginning where the call today concluded. We wished to give the calendar committees an opportunity to study the new bills which had been reported from committee. So we shall have quite an extensive calendar call for Saturday. I hope we shall be able to conclude our work on Saturday at a reasonably early hour. Perhaps we may even set the Saturday meeting session a little earlier, as suggested by one Senator today, perhaps meeting at 10 or 11 o'clock in the morning, which would permit the work to be completed so that Senators who wished to get away could do so. I hope that during this week at least one or more of the appropriation bills may be reported to the Senate-certainly by Saturday. On Saturday I shall ask unanimous consent that the Appropriations Committee may have until midnight Saturday to report an appropriation bill. So by next Wednesday we should be in a position to consider an appropriation bill. I hope the armed services appropriation bill will be available for consideration by that time, and perhaps also the mutual-aid appropriation bill. I hope they may be ready for consideration by that time, or early the following week. Mr. JOHNSON of Texas. Mr. President, will the Senator yield? Mr. KNOWLAND. I yield. Mr. JOHNSON of Texas. Can the distinguished acting majority leader give us any indication as to what he plans for Monday and Tuesday? Mr. KNOWLAND. As I pointed out to the Senator, I hope that by 10 o'clock tomorrow morning I can get in touch with the minority leader and inform him as to any additional legislation which we hope to take up in the intervening period of time. Mr. JOHNSON of Texas. As I understand, the Senator does not expect to take up an appropriation bill before Wednesday. Mr. KNOWLAND. I do not expect that we shall be in a position to take up an appropriation bill before Wednesday, unless it might be the District of Columbia appropriation bill or the legislative appropriation bill, which would probably be relatively noncontroversial. It may be that we shall be able to obtain. an agreement to take up one bill or the other by unanimous consent before the expiration of the normal 3-day period. Mr. SMATHERS. Mr. President, will the Senator yield? Mr. KNOWLAND. I yield. Mr. SMATHERS. Can the Senator give us any idea when he will be able to let us know as to what time the Senate is to meet on Saturday? Mr. KNOWLAND. By the time the Senate meets at noon tomorrow I expect to be able to make an announcement with respect to the Saturday session. Mr. SMATHERS. I thank the Senator from California. WATERFRONT COMMISSION COMPACT BETWEEN THE STATES OF NEW JERSEY AND NEW YORK Mr. KNOWLAND. Mr. President, I sideration of Calendar 581, Senate bill move that the Senate proceed to the con2383, relating to the Waterfront Commission Compact between the States of New Jersey and New York. The PRESIDING OFFICER. The bill will be stated by title for the information of the Senate. The CHIEF CLERK. A 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. The PRESIDING OFFICER. The OFFICER.. The question is on agreeing to the motion of the Senator from California. The motion was agreed to; and the Senate proceeded to consider the bill. Mr. HENDRICKSON. Mr. President, before proceeding with the discussion of Senate bill 2383, I send to the desk an amendment and ask that it be stated. The PRESIDING OFFICER. The amendment offered by the Senator from New Jersey will be stated. The CHIEF CLERK. On page 45, after line 15, it is proposed to strike out section 2 of article XVI, continuing through line 5 on page 46, as follows: 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. On page 46, at the beginning of line 6, it it proposed to change the section number from "3" to "2." Mr. HENDRICKSON. Mr. President, the amendment speaks for itself. It is recommended by the Department of Labor. It does not affect the compact at all. I move its adoption. The PRESIDING OFFICER. The question is on agreeing to the amendment offered by the Senator from New Jersey. The amendment was agreed to. Mr. HENDRICKSON. Mr. President, on Tuesday of this week I had the great privilege of introducing, on behalf of my senior colleague [Mr. SMITH], the senior Senator from New York [Mr. IVES], the junior Senator from New York [Mr. LEHMAN), the junior Senator from New Hampshire [Mr. TOBEY], and myself, Senate bill 2383, a bill 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. The purpose of this bill can be best stated by referring to article I of the compact, which sets forth the findings which shook and rocked the American people on the occasion of their recent public disclosure. In this the junior Senator from New Hampshire [Mr. TOBEY] had a leading hand. Article I reads in part as follows: 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 XCIX- -564 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 employ ment, 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, the port of New York is one of the Nation's largest ports. It is also one of the finest natural harbors in the world, and the chief avenue of commerce with our friends and our allies across the Atlantic. For several decades conditions prevailing on the New York waterfront have been a disgrace to the entire Nation. Here the thug, the racketeer, and the labor "goon" have flourished in open defiance of law enforcement agencies and the much abused shipping industry which we support. Pilferage and extortion have imposed so great a toll that private shippers and shipping lines have actually begun to divert substantial amounts of their traffic to other outlets and even vital public installations handling military traffic and other Government shipments under the foreignaid program have been seriously disrupted. Much of the trouble has centered in the very fact that the port of New York extends into both New York and New Jersey. The need for full cooperation between these two States has long been apparent. The issue before the Senate is a relatively simply one. Shall we not add our blessings to the wedding plans which have been worked out by two of our great States? As I said on Tuesday: 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. Mr. President, I could take the time of the Senate and state at some length the five basic features in the plan looking toward the improvement of waterfront labor conditions, under the terms of the bill. However, the Senate has a great deal of business to transact, and I know the Members of the Senate thoroughly understand the objectives of the bill, and need no reminder as to its necessity or its prompt passage. Mr. President, I am proud of the fact that the bill, though introduced only so recently as Tuesday, was considered immediately by the Committee on Interstate and Foreign Commerce, and reported promptly by the distinguished junior Senator from New Hampshire [Mr. TOBEY]. It is a tribute to the way in which the Senate can conduct its business when the Senate realizes the real and vital need on any issue. Mr. President, in order to save the time of the Senate, I ask unanimous consent that the summary of the bill, as stated in my remarks on Tuesday, appearing on page 87'15 of the RECORD, be incorporated at this point in my address. There being no objection, the summary was ordered to be printed in the RECORD, as follows: 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 duration of the employment and may be 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 inunloading truck-to-pier cargo requires the fested by racketeers, by which loading and 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. Mr. HENDRICKSON. Mr. President, I shall not take further time of the Senate. I think it is a great tribute to the greatest legislative body in the world that it can take hold of a serious and pressing problem and that it stands ready to give to these two great States, as I am sure it will, the implementation which is needed to correct this awful situation which has existed all too long in this vital area of our country. Mr. President, I pay tribute to the Committee on Interstate and Foreign Commerce, and to my colleagues and cosponsors of the bill for their share in getting the proposed legislation before the Senate. I hope and pray that the Senate will pass the bill today. Mr. SMITH of New Jersey. Mr. President, I rise to express briefly my appreciation of the fine leadership which my distinguished colleague the junior Senator from New Jersey [Mr. HENDRICKSON] has provided in bringing the compact before the Senate. I wish also to express my appreciation of the cosponsorship of the compact by the senior Senator from New York [Mr. IVES] and the junior Senator from New York [Mr. LEHMAN). I wish to pay special tribute to Governor Dewey of New York and Governor Driscoll of New Jersey for the expeditious way in which the compact was handled at the State level and passage by both State legislatures secured. As a result, we have today real hope of achieving an effective, intelligent solution to this great problem. The New York waterfront situation is extremely disturbing. It is of great importance not only to our area, but also to the people of the entire United States. It is an intolerable situation, and I am happy to have a part in bringing about what we hope will be a solution HENDRICKSON], that without his particuof a very difficult problem. Let me say, in closing, that my distinguished friend, the chairman of the Committee on Interstate and Foreign Commerce, the distinguished Senator from New Hampshire [Mr. TOBEY], at our request, took the bill to his committee immediately and considered it in a special meeting. The committee considered and recommended the compact immediately, and reported it to the Senate. As my colleague, the junior Senator from New Jersey has stated, we now have an opportunity, within a short time after the compact first came to the Senate, to have it promptly enacted. Mr. TOBEY. Mr. President, I join with my colleagues from New York and New Jersey in asking the Senate to pass promptly the pending legislation. These two great States, of which we are all proud, have been suffering for many years. As Governor Dewey has stated, the rotten condition on the waterfront has existed for 50 years and now the time is ripe for a change, and the proposed compact is the means by which a change can be brought about. When the two great States of New York and New Jersey ask for relief, the least we can do is support them. The amendment offered by my friend, the junior Senator from New Jersey, and suggested by the Department of Labor, does not in any way change the present law, and funds will be available for employment centers, as is the case under present law. Mr. President, I do not understand how any Senator could oppose the proposed legislation. Merely as a courtesy to two great States, and as a service to the American public-after all we are all one-e pluribus unum-the time has come for cleaning up the deplorable conditions in our ports. I am glad to indorse everything that has been said by the Senators from New Jersey. Mr. IVES. Mr. President, I shall be very brief. I do not wish to let the occasion pass without rising to point out that this is one more example of the manner in which the States of New York and New Jersey have worked together for their common good. Time and time again problems have arisen, and we have always united in doing what we could do to solve them, and to further the best interests of the two States. In this particular instance we have joined in an effort to bring to an end a very provoking situation which has existed all too long in a great harbor. HENDRICKSON], that without his particu- Before I close I wish to read a telegram ALBANY, N. Y., July 16, 1953. The recommendation for a waterfront sible civic and business groups, law-enforce- The compact legislation was unanimously The waterfront commission compact will bine the full force of the Federal Govern- I earnestly hope that the Congress will ex- THOMAS E. DEWEY. So, Mr. President, I urge that the bill be approved immediately and unanimously. The Democrats gave token opposition but to no avail. The total of accomplishment has been very great. The waterfront, of course, is the most important item. A new era is now opening with law and order replacing the long years of gangsterism, corruption, and threatening economic blight. It was by no means an easy task to start the port on the path to reform. Here public opinion was responsible, but it was Governor Dewey who led the way. He put the State crime commission to work, which did a devastating job of exposing the crooks in high and low places. Special praise should go to Chairman Joseph M. Proskauer, and Theodore Kiendl, special counsel. In the end there was simply no room for arguing about the reform program. It had to be; the case was proved. What we have now is a bi-State commission to direct licensing, registration, and general controls on both sides of the Hudson. The New Jersey Legislature acted with equal swiftness this week; Governor Driscoll has seen eye to eye with Governor Dewey from the beginning on the need for parallel action. Each Governor will appoint one commissioner-later on, Congress will be asked to authorize an interstate compact. The commission will doubtless have its troubles with some of the obstreperous elements, but the first and biggest battle has been won. Waterfront reform, after close to 50 years of one kind of effort or another, is at last in being. Good work, Governor Dewey. [From the New York Times of July 1, 1953] QUICK ACTION The New York and New Jersey Legislatures are to be commended on the prompt passage of bills creating identical waterfront commissions to reduce criminal and corrupt practices in the port of New York and to regularize waterfront labor. We believe that Congress will approve with equal promptness the compact between the two States for a single bistate commission to administer the plan. Without the complete cooperation of Governor Dewey and Governor Driscoll this plan for improving waterfront conditions would not have been possible. The bills were drafted by the crime commissions of both States, the port authority, and the Governors' staffs. It should be emphasized that the bistate commission need not be a permanent agency. Governor Dewey has explained that he was reluctant to propose adding another burden on the State government, but no other feasible plan was offered. This explanation should be taken to heart by labor and management which will be called upon to cooperate in carrying out the plan. The sooner they cooperate with the authorities to clear up widespread port evils, the sooner will the two States be enabled to withdraw from this field. In closing, I ask unanimous consent to There being no objection, the edi- The PRESIDING OFFICER. The bill Mr. HENDRICKSON. Mr. President, I would not want this opportunity to pass without thanking the distinguished Senator from New York [Mr. IVES] for the nice things he said about me. I hardly [From the New York Herald Tribune of July deserve that tribute. This effort was a 1, 1953] On behalf of the government of the State of New York, for which I can speak in this instance, I believe, I desire to express to the chairman of the Committee on Interstate and Foreign Commerce, the Senator from New Hampshire [Mr. TOBEY], and to his fellow committee members, and to my colleagues, the senior and junior Senators from New Jersey, our appreciation for their cooperation with us in accomplishing a much New York waterfront, passed a number of I wish to say that the great Governor desired result. Of course, without all of us working together nothing would have happened. I say to my distinguished friend the junior Senator from New Jersey [Mr. WATERFRONT TRIUMPH The special session of the legislature worked fast. In 2 days it adopted Governor Dewey's program for cleaning up the bills to strengthen law enforcement through- joint one on the part of all the cosponsors of the bill, and I had no greater part in it than did the other cospon sors. Mr. President, before the bill is passed, of New Jersey, Alfred E. Driscoll, and the great Governor of New York, Thomas E. Dewey, are to be commended for their vision, initiative, and courage in carrying out this work and in making this effort. They led the fight. Their legislatures nobly followed their able leadership. I think all who had a part in bringing this compact before the Congress richly deserve a high tribute. Mr. TOBEY. Mr. President, I would not wish to let this opportunity pass without paying tribute where tribute is due for a large part of the work done on this compact and in connection with the investigation leading up to it. Mr. President, about a year and one-half ago Governor Dewey named a State crime commission, whose chairman is Joseph M. Proskauer, of New York, a distinguished jurist and a truly great American. He has done a wonderful job, and I would not want this occasion to pass without paying tribute to him for the very fine work he has done. The PRESIDING OFFICER. If there be no further amendment to be proposed, the question is on the engrossment and third reading of the bill. The bill (S. 2383) was ordered to be engrossed for a third reading, read the third time, and passed, 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 BE- "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 empioy them; and that the function of loading and unloading trucks and other land vehicles at piers and other waterfront terminals can "3. The State of New Jersey and New York causes above described but from the lack of regulation of the occupation of stevedores; "4. The States of New Jersey and New York "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 commission of New York Harbor established by article III hereof. "(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 includes 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 "Pier' shall include any wharf, pier, dock, Jersey. 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 cargoes 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. ""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 "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 "General powers of commission "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 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 desigignated 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 substances 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 V "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 willfully 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 re quirements prescribed in this article, the commission shall issue and deliver to the prospective licensee a license to act as pier superintendent or hiring agent for the applicant, 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 pier 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 11censee 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 watch men. |