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bill back to the House with an amend- have available to us this procedure of
have available to us this procedure of ommending a 2-year extension at this ment adopted by the Committee of the suspension of the rules whereby at least time: Whole.
some discussion can be had on the sub Experience has demonstrated the value of The SPEAKER. Under the rule, the ject.
this program and the soundness of its. basic previous question is ordered.
Let us realize that what we are doing administrative provisions. Its survey and The question is on the amendment. here is to continue the program of Fed planning provisions have promoted orderly The amendment was agreed to. eral aid for hospital construction for 2 planning for hospital services in all of the
States. A total of 96,500 beds will have been The SPEAKER. The question is on years, and authorize the expenditure
added to the hospital assets of the Nation the engrossment and third reading of of $150 million a year on the program.
upon the completion of projects approved up the bill. We thus continue the program to 1957.
to January of this year. Furthermore, since The bill was ordered to be engrossed I do not question at all, Mr. Speaker, most of the hospitals financed under this and read a third time, and was read a but what value has come to the country program are in areas which had few, if any, third time.
and the local communities in providing facilities heretofore, it has aided greatly in The SPEAKER. The question is on medical care as a result of this program, meeting the problem of maldistribution of the passage of the bill. a program which has cost over $500
facilities. The bill was passed, and a motion to million should naturally produce some reconsider was laid on the table. good results. I very seriously question Although the expiration date in the Hill
Burton Act is June 30, 1955, we believe that The title was amended so as to read: the extent to which the Federal Goy
the enactment of legislation such as H. R. "A bill to provide that the tax on ad- ernment should continue in such a pro
3171 well in advance of this date is eminently missions shall not apply to moving-pic- gram indefinitely. It can be argued that
wise. Any further postponement of the pasture admissions." this program will end after the extension
sage of legislation extending the act would provided by this bill. But you know and place the States in a disadvantageous posi
I know, Mr. Speaker, that when that tion, with insufficient lead time to assure GENERAL LEAVE TO EXTEND
time comes, we will be in for another continuity of their own supporting approMr. JENKINS. Mr. Speaker, I ask extension of 2 more years, involving an
priations and with no firm basis for projecunanimous consent that all Members additional expenditure of $150 million
tion of their planning and priority deter
minations or for assuring the retention of may have 5 legislative days to extend a year, plus the administrative costs.
their technical staffs. their remarks.
It seems to me, Mr. Speaker, that conThe SPEAKER. Is there objection to sideration should be given to a tapering
That is what the present administrathe request of the gentleman from Ohio? off program somewhere along the line,
tion says about the bill. There was no objection, and a determination by the committee
The bills in both the House and Senate and by the Congress, as to when the pro
were originally introduced to extend the
act for 5 years; the administration reHOSPITAL SURVEY AND CONSTRUC- gram is going to be discontinued or when
we are going to taper off and get back to ports that it prefers a 2-year extension TION ACT
the point where local communities and and in support of their position, says: Mr. WOLVERTON. Mr. Speaker, I the States become responsible for the A 2-year extension would assure continuity move to suspend the rules and pass the program of hospitals and medical care of this important program for the immediate bill (S. 967) to extend the duration of in those areas.
future and still provide adequate time for the Hospital Survey and Construction We should either make that de
appraising the merits of any long-range exAct (title VI of the Public Health Serv- termination, Mr. Speaker, or we should
tension in the light of the broad evaluation ice Act).
of Federal-State relationships and financial just decide that this is going to be a
resources. The Clerk read as follows:
permanent program of the Federal GoyBe it enacted, etc., That the first sentence ernment; that there will be no termina Mr. BYRNES of Wisconsin. Mr. of section 621 of the Public Health Service tion date. I find it very difficult to vote
tion date. I find it very difficult to vote Speaker, will the gentleman yield? Act, as amended, is amended by striking out for the continuation of a program which
Mr. HARRIS. I yield to the gentlethe word “five” and inserting in lieu thereof envisions no cutoff date, or no gradual
man from Wisconsin. the word "seven."
discontinuance. It seems to me that in Mr. BYRNES of Wisconsin. As I unThe SPEAKER. Is a second de these times, when our fiscal problem is derstand, if we pass this extension bill, manded?
such as it is, we had better give some you will have authority to continue this Mr. MCCORMACK. Mr. Speaker, I thought to a cut off of some of these construction program through 1957. demand a second. Federal aid programs.
Mr. HARRIS. The gentleman is right. Mr. WOLVERTON. Mr. Speaker, I Mr. MCCORMACK. Mr. Speaker, I Mr. BYRNES of Wisconsin. This is ask unanimous consent that a second yield 3 minutes to the gentleman from
1953; so we have really 4 more years be considered as ordered. Arkansas [Mr. HARRIS).
after this one. The SPEAKER. Is there objection to Mr. HARRIS. Mr. Speaker, this bill Mr. HARRIS. Three more years after the request of the gentleman from New merely provides for an extension of the
this year. Jersey? Hospital Survey and Construction Act,
Mr. BYRNES of Wisconsin. The genThere was no objection.
generally referred to as the Hill-Burton tleman is right, but it would be through Mr. MCCORMACK. Mr. Speaker, if Act, for a period of 2 years.
on June 30, 1957. the gentleman from New Jersey will per This bill was introduced in the Senate
Mr. HARRIS. Yes. mit me to proceed at this time, I yield by the distinguished Senator from Ohio Mr. BYRNES of Wisconsin. But when myself 1 minute to state that I demanded [Mr. TAFT], with Senator Hill as cospon will the Congress take a look at what we a second in order that those who might sor. It passed the Senate on the Consent are going to do after 1957? Are we godesire to speak could have the time. Calendar. A similar bill was voted out ing to have a look at that next year or There are no requests for time on this of our Committee on Interstate and For are we going to wait until 1956 to do it? side.
eign Commerce, extending the act for 2 Mr. HARRIS. The President recomMr. WOLVERTON. Mr. Speaker, I years.
mended in his message to the Congress yield 2 minutes to the gentleman from This bill has the strong recommenda- on March 30 of this year, that all FedWisconsin [Mr. BYRNES).
tion and support of the administration eral-State programs, including this, be Mr. BYRNES of Wisconsin. Mr. through the Bureau of the Budget and thoroughly reviewed. Such a study is Speaker, I have requested this time only the Department of Health, Education, under way and out of it will come a recto point out what we are doing in con and Welfare.
ommendation as to what type of Fednection with the extension of this par I should like to read just 2 or 3 eral-State programs we shall have, and ticular program. As a member of the sentences from their recommendation, this would come under that category. Consent Calendar Committee on the Re- which I think is a complete answer to the Now, there is another matter in conpublican side, I objected earlier in the statement of the gentleman from Wis- nection with the bill as we reported it day to the consideration of this legisla- consin [Mr. BYRNES]. In a report to our out of our committee, Mr. Speaker, and tion by unanimous consent and sug committee under date of April 17, 1953, that is a problem which it developed apgested at that time that some other the Secretary of Health, Education, and plied to only our State of Arkansas. procedure be used, particularly since we Welfare said among other things in rec- That situation has been corrected and
worked out on a local level as it should distribution of the funds for this pro- ship, dated April 17, 1953, and addressed be. gram as possible.
to the chairman of our committee, Mr. In 1950, a hospital project in my dis The bill we are considering here, on a WOLVERTON, an ardent supporter of this trict was approved for Hempstead suspension of the rules, is a bill that
suspension of the rules, is a bill that program, which is as follows: County. The State agency, which is passed the Senate, which is identical
DEPARTMENT OF the regular authorized agency under the with the first section of the House bill,
HEALTH, EDUCATION, AND WELFARE, law to administer the program, cooper- extending the act for a period of 2 years.
April 17, 1953. ated with the sponsors in developing the This bill does not include the amend
Hon. CHARLES A. WOLVERTON, project. With the assistance and co ment referred to. Since the House re
Chairman, Committee on Interstate operation of the State agency, a county ported it by our committee, the State
and Foreign Commerce, House of
Representatives, Washington, D. C. election was held to provide a tax for the agency in Arkansas has reconsidered the
DEAR MR. CHAIRMAN: This letter is in responsor's share, the sponsor being matter and with interested parties, in
sponse to your request of February 21, 1953, Hempstead County. The election was cluding the sponsors of the Hempstead for a report on H. R. 3171, a bill to extend held at the regular election in Novem County project, and with the approval the duration of the Hospital Survey Conber, 1950. The people of the county of the State Hospital Advisory Council, struction Act (title VI of the Public Health voted overwhelmingly in support of the set up a program for the Hempstead Service Act).
This bill would amend section 621 of the hospital program. As a result of the County project, beginning with this election, the quorum court of the coun year's funds. This relieves the critical
Hospital Survey and Construction Act, as
amended, by striking out the word "five" ty levied a tax on the property in the situation the sponsors of the Hempstead
and inserting in lieu thereof the word "ten.” county. The tax is being collected each County project has labored under for
The present authority for appropriations unyear as a result of this action. some time.
der this section expires with the fiscal year Some 2 or 3 months following the Consequently the necessity of the ending June 30, 1955. The proposed amendelection, the State agency advised the amendment reported out by the House
ment would extend the authority for approlocal sponsors that they could not ex- . committee is no longer present and that
priations through the fiscal year ending June
30, 1960. The net effect of this amendment pect to receive any Federal funds under is the reason why we are taking up the
would be an extension of the hospital survey the then budget. Our legislature was Senate bill and asking that the rules be
and construction program for a period of 5 in session and had provided a tax for suspended and pass the bill to extend for years beyond its current authorization. a State sponsorship of the Arkansas a period of 2 years the hospital survey The original Hill-Burton Act (Public Law Medical Center, a worthy and most de and construction act.
725, 79th Cong.) authorized a 5-year prosirable program. Therefore, future
Mr. HAYS of Arkansas. Mr. Speaker, gram, but in 1949 the Congress anticipated funds under the pattern of Federal bud will the gentleman yield?
by 2 years the original expiration date and get would necessarily have to go to this
extended the program authorization to the
Mr. HARRIS. I yield to my distinand other projects under construction.
year ending June 30, 1955 (Public Law 380, guished colleague from Arkansas.
81st Cong.). For more than 2 years we have been
Mr. HAYS of Arkansas. The pending Experience has demonstrated the value of trying to get this matter worked out on
bill does not contain the amendment this program and the soundness of its basic a local level with the State agency, withreferred to that would place a limit upon
administrative provisions. Its survey and out success. the allocation for a single hospital or
planning provisions have promoted orderly The situation has developed to a somehospital area; in other words, this is an
planning for hospital services in all of the what critical stage with the Hempstead
States. A total of 96,500 beds will have been extension that does not contain any such County project. Some taxpayers have
added to the hospital assets of the Nation provision. threatened a suit for the return of taxes
upon the completion of projects approved
Mr. HARRIS. That is correct. This up to January of this year. Furthermore, collected, since they were not being used
is an extension for 2 years without any since most of the hospitals financed under in the construction of a hospital, it has limitation; it is merely a simple exten
this program are in areas which had few, if been reported, and that a petition is to sion of the present hospital act for an
any, facilities heretofore, it has aided greatly be filed with the quorum court to cease additional period of 2 years.
in meeting the problem of maldistribution the collection of the tax levy. We have
Mr. HAYS of Arkansas. I thank the prevailed upon the State agency to re
Despite the accomplishments of this progentleman. lieve the crisis. They have constantly
gram to date, however, the Nation is still
Mr. HARRIS. Under the circumadhered to the position that no funds
faced with a serious shortage of hospital stances I am withdrawing the amend facilities, currently estimated at 733,000 beds. could be made available. Obviously, ment. As it is worked out locally, the
The obsolescence of older hospitals and the something had to be done.
amendment is no longer necessary. In growth of our population, together with risMost of the funds last year, all of the order that the record may be clear, I
ing costs and shortages of construction mafunds this year, and all of the funds
terials during the past few years, have served desire to read the following telegram to next year to be allocated to our State
to offset in large measure the new beds made me Saturday, July 18, from Little were projected to the Medical Center
available under the Hill-Burton program. In Rock, Ark., as follows:
other words, we have not substantially reand another important project, St. Vincent's Hospital, in the same area, which
Agreement reached to allocate $50,000 of
duced the gross deficit in hospital beds which
was accumulated during the depression also had been started in 1950. This previously committed Hill-Burton funds this fiscal year and $50,000 next fiscal year and
years and the World War II period. Therewould mean that all of the funds, pres$200,000 of unobligated funds the following
fore, termination of the program before some ent and future, under the act, would fiscal year to the Hope project provided au
different and effective means has been dego to these projects, since the act termthorization for the Hill-Burton program is
veloped to supplant it would undoubtedly inates under present law, June 30, 1955. extended through fiscal year 1956–57.
result in further accumulation of a national Therefore, we propose here to extend
J. T. HERRON,
deficit in hospital facilities. the act for a period of 2 years. I brought
State Health Officer.
Although the expiration date in the Hill
Burton Act is June 30, 1955, we believe that this to the attention of the committee
Now, Mr. Speaker, in order that there the enactment of legislation such as H. R. and offered an amendment, which would might not be any misunderstanding as
3171 well in advance of this date is emiprovide that not more than 60 percent to the need for an extension of the pro
nently wise. Any further postponement of of the funds allocated to any one State gram, and that not only our committee,
the passage of legislation extending the act which would receive an allocation of
would place the States in a disadvantageous as unanimously supporting the extenmore than $1 million in any one year,
position, with insufficient lead time to sion, but that the Bureau of the Budget, could be utilized in any one service area
assure continuity of their own supporting generally considered as the spokesman
appropriations and with no firm basis for within the State. The committee
for the administration, and the Depart- projection of their planning and priority adopted this amendment and reported ment of Health, Education, and Welfare, determinations or for assuring the retention it with the bill unanimously. who administers the program, are sup
of their technical staffs. As it developed, there would be no porting it, I wish to include with these
We are mindful, however, of the President's application of this amendment to any remarks the letter from the Secretary,
recommendation in his message to the Conother State, except Arkansas. We did Mrs. Oveta Culp Hobby, as to their posi
gress on March 30 of this year that all not know or realize at the time it was tion for a 2-year extension and in rela
Federal-State programs, including those in
the field of health, be thoroughly reviewed adopted. It was agreed to, out of this tion to the study authorized for future
in the manner set forth in his message and experience, on the basis of as equitable a program of Federal and State relation
proposed in the bill, H. R. 4406, which has
been introduced to implement this message. may be offered to any section of the bill at The Clerk called the roll, and the folIn the light of this recommendation, we be the conclusion of the general debate, but lowing Members failed to answer to their lieve that the most practical solution would said amendments shall not be subject to
names: be the enactment of legislation now to pro amendment. At the conclusion of the con
[Roll No. 94] vide an extension for 2 years of the present sideration of the bill for amendment, the
Morgan provisions of the Hospital Survey and Con committee shall rise and report the bill to
Morrison struction Act rather than an extension for the House with such amendments as may
Garmatz Moulder 5 years as proposed in H. R. 3171. A 2-year have been adopted, and the previous question Barrett
Granahan Multer extension would assure continuity of this shall be considered as ordered on the bill and Becker
O'Brien, N. Y. important program for the immediate future amendments thereto to final passage without Berry
O'Hara, Minn, and still provide adequate time for apprais- intervening motion, except one motion to Brownson
O'Neill ing the merits of any long-range extension recommit.
Buckley Harrison, Wyo. Osmers
Hart in the light of the broad evaluation of
Byrne, Pa. Hays, Ohio Philbin Federal-State relationships and financial
Hinshaw Reed, Ill. 3171, modified as suggested above, be enacted
Chatham Holifield Richards by the Congress.
Mr. ALLEN of Illinois, from the Com Chiperfield Holtzman Rodino The Bureau of the Budget advises that mittee on Rules, reported the following
Rogers, Tex. there is no objection to the submission of privileged resolution (H. Res. 344, Rept.
Cole, N. Y. Ikard
Javits Sincerely yours,
Kelly, N. Y.
King, Pa. Sheehan Mr. CURTIS of Nebraska. Mr. Speakto move that the House resolve itself into Dodd
Smith, Va. er, I cannot support this measure. I the Committee of the Whole House on the Dollinger Klein
Spence agree that hospitals are a very worthy State of the Union for the consideration of
Donohue Landrum Taylor cause; however, Uncle Sam is broke. We the bill (H. R. 6342) to amend the Public
Tollefson are running a deficit. We cannot go on Buildings Act of 1949 to authorize the Ad
Dorn, N. Y. Latham
Tuck forever extending Federal programs. ministrator of General Services to acquire Fallon
Fernandez McCarthy Watts There are other units of Government title to real property and to provide for the construction of certain public buildings Fine
Weichel which must take over some of these thereon by executing purchase contracts; to
Wigglesworth loads. extend the authority of the Postmaster Gen
Miller, N.Y. Willis The present authorization law has an
Yorty eral to lease quarters for post office purposes;
Frelinghuysen Morano other year to run and this bill extends and for other purposes, and all points of The SPEAKER Three hundred and this Federal matching program for 2
order against said bill or any provisions con- seventeen Members have answered to more years. It is not necessary at all tained in said bill are hereby waived. That
their names. A quorum is present. that we pass this legislation in order to after general debate, which shall be confined
By unanimous consent, further procomplete the hospitals now under way.
to the bill and continue not to exceed 1 hour, If the Federal Government is ever going chairman and ranking minority member of to be equally divided and controlled by the ceedings under the call were dispensed
with. to withdraw from some of its fields of
the Committee on Public Works, the bill activity the only way to do it is to with shall be read for amendment under the 5
INTERSTATE TRANSPORTATION OF draw. I, therefore, will vote against this minute rule. At the conclusion of the con
sideration of the bill for amendment, the Mr. WOLVERTON. Mr. Speaker, I
committee shall rise and report the bill to The SPEAKER. The question is on have no further requests for time.
the House with such amendments as may the motion of the gentleman from In
have been adopted and the previous question diana (Mr. CRUMPACKER). Mr. MCCORMACK. Mr. Speaker, I
shall be considered as ordered on the bill and think this is a very good bill. I have no
The motion was agreed to. amendments thereto to final passage withrequests for time. out intervening motion, except one motion
Accordingly the House resolved itself The SPEAKER. The question is, Will to recommit.
into the Committee of the Whole House the House suspend the rules and pass
on the State of the Union for the conthe bill?
sideration of the bill H. R. 116, with Mr.
SPECIAL ORDER GRANTED The question was taken; and (two
BATES in the chair, thirds having voted in favor thereof)
Mr. DEANE (at the request of Mr. The Clerk read the title of the bill. the rules were suspended and the bill RAYBURN) was given permission to ad
By unanimous consent the first readdress the House for 40 minutes on Mon- ing of the bill was dispensed with. was passed.
day next, following the legislative pro The CHAIRMAN. Under the rule, gen
gram and any special orders heretofore eral debate is to be confined to the bill, AMENDING RENEGOTIATION ACT
entered. OF 1951
to continue not to exceed 1 hour to be
equally divided. The gentleman from Mr. ALLEN of Illinois, from the Com- INTERSTATE TRANSPORTATION OF New York (Mr. KEATING] will be recogmittee on Rules, reported the following
nized for 30 minutes, and the gentleman privileged resolution (H. Res. 345, Rept. No. 886), which was referred to the
Mr. CRUMPACKER. Mr. Speaker, I from New York [Mr. CELLER] will be House Calendar and ordered printed:
move that the House resolve itself into recognized for 30 minutes.
The gentleman from New York [Mr. Resolved, That upon the adoption of this the State of the Union for the considera- KEATING] is recognized. resolution it shall be in order to move that tion of the bill (H. R. 116) to amend title
Mr. KEATING. Mr. Chairman, I the House resolve itself into the Committee
18, United States Code, so as to prohibit yield myself 10 minutes. of the Whole House on the State of the Union for the consideration of the bill (H. R. 6287) the transportation of fireworks into any
Mr. Chairman, while no official, nato extend and amend the Renegotiation Act
State in which the sale of such fireworks tionwide figures have come to my notice of 1951, and all points of order against said is prohibited.
as yet, we may take it for granted, and bill are hereby waived. That after general
we do, that this year, as in every year debate, which shall be confined to the bill,
past, the celebration of the declaration and shall continue not to exceed 1 hour, to
CALL OF THE HOUSE
of our independence on the Fourth of be equally divided and controlled by the Mr. LANHAM. Mr. Speaker, I make July, took its usual toll in human life, chairman and ranking minority member of
the point of order that a quorum is not in personal injuries and in property the Committee on Ways and Means, the bill shall be considered as having been read for present.
damage due to the indiscriminate use
The SPEAKER. amendment. No amendment shall be in or
Obviously a quorum
of fireworks by the general public, parder to said bill except amendments offered by is not present.
ticularly children. The last authoritadirection of the Committee on Ways and
Mr. ALLEN of Illinois. Mr. Speaker, tive figures on injuries and deaths reMeans. Amendments offered by direc- I move a call of the House.
sulting from fireworks were compiled by tion of the Committee on Ways and Means A call of the House was ordered.
the American Medical Association and
covered 6 years during the period that such articles may not otherwise be The tragic consequences which indirectly 1937–46-exclusive of war years 1942–45. obtained within the State itself.
result from that type of activity must They showed that throughout the It can be seen that in such instances, be prevented. United States, 76 persons had been the channels of interstate commerce are The bill adopts an intelligent approach killed and over 28,000 were injured-an being utilized to frustrate and to thwart to this very serious problem. It recogaverage of more than 12 deaths and the salutary objectives of the laws of the nizes that primary responsibility for pro4,600 reported injuries each year. several States. The sale of fireworks, tecting the health and safety of its citi
What concerns us especially as Mem- which is prohibited or severely regulated zens rests with the States under their bers of the Congress is that a substantial by State legislation, now takes place general police powers. It takes cognithough indeterminate quantity of the through the avenues of interstate com zance of the fact, however, that the arfireworks so disastrously used by the merce where the laws of the States are teries of interstate trade and commerce general public were obtained through powerless to reach.
are being utilized to contravene State interstate commerce in circumvention I might indicate that this is not a law and that implementation of State of State laws. That is the field wherein wholly unfamiliar situation. Ofttimes legislation on the part of Congress is Congress has not only the jurisdiction in the past, the states have acted with necessary to prevent further evasion of but the corresponding responsibility as respect to certain problems only to find State regulation. well to render effective assistance in the that state legislation was wholly inade This is the type of legislation to which elimination of this useless annual sacri- quate because it could not prevent the I believe Congress should direct its atfice. It is not pleasant for any of us to transportation of certain commodities in tention more and more for it preserves contemplate the number of small hands, interstate commerce. Such has been the the rights of the respective States to young eyes, and eager lives which would case of distilled spirits which were fre govern the activities of their citizens as have been saved if Congress had enacted quently shipped in interstate commerce each State sees fit and brings into force years ago the kind of legislation we now although the laws of the State of des- the arm of Federal authority only when have before us.
tination prohibited or otherwise regu- the laws of the states themselves are You may justly ask indignantly,
indignantly, lated the sale and distribution thereof circumvented through traffic in interWhat has been done to curtail this need- within the State itself. By means of a state commerce.
state commerce. I believe that this bill, less waste of life and limb? Well, as far number of statutes, including the Wilson with the committee amendments, is a as the Federal Government is concerned, Act (Aug. 8, 1890, 26 Stat. 313, 27 U. S. C. signal example of a proper legislative we have done nothing to meet this là- 121), Webb Kenyon Act (37 Stat. 699, 27 approach which will foster and encourmentable problem. We have merely
merely U. S. C. 122), and section 1262, title 18, age the effective functioning of our Fedmade provision, through regulations of United States Code, the Congress en eral system. And we could never have the Interstate Commerce Commission, deavored to assist the States by prevent a more important and compelling infor the safe transportation of fireworks ing the arteries of interstate commerce centive for proper legislative action than in interstate commerce. Many of the from being utilized to circumvent State to aid in the protection of the children State legislatures, however, have passed liquor laws. The results achieved have of America. statutes designed to prohibit altogether been eminently successful.
Mr. BENDER. Mr. Chairman, will or to regulate the sale and use of fire
The instant bill adopts a similar ap the gentleman yield? works. There presently exists legisla, proach to the problem of fireworks con Mr. KEATING. I yield to the gentletion in at least 36 States which is de
trol. I hasten to add that we are not man from Ohio. signed to prohibit or limit the sale of hereby attempting to regulate by Fed Mr. BENDER. I congratulate the fireworks within State borders. Ten eral legislation the sale, transportation, gentleman on his statement, and I conother States have regulatory measures or use of fireworks within any State. gratulate the committee on bringing in which pertain to fireworks, so that as a
That is a matter which is properly one a favorable report on this bill. Thirty practical matter, there are only two to be dealt with by the states them years ago as a child State senator I was States, Nevada and Tennessee, which selves, and as indicated previously, most the author of the antifireworks bill in have no legislation at all dealing with of the respective States have enacted Ohio. After our experience over these this general subject.
legislation on the subject. Our purpose 30 years, I can rather appreciate the Thus, the States have made a serious here is to supplement and aid the en- need for this legislation. attempt to eliminate the wanton loss of forcement of State laws and to assure Mr. KEATING. I thank the gentlelife and personal injuries which have that the constitutional provisions which man. However, the gratitude of the resulted in the past from the indiscrim- relegate transactions of an interstate na country should go primarily to the geninate use of fireworks. And yet despite ture to the exclusive jurisdiction of the tlewoman from Illinois, the author of these efforts, the toll in injuries, deaths Federal Government shall not operate this legislation, for her tireless work in and property damage continues at a to nullify the legitimate efforts of the pushing it in the Congress. sickening pace year after year. I must states to protect their citizens.
Mr. CELLER. Mr. Chairman, I yield frankly report that this appears to oc To accomplish its objectives the bill myself 4 minutes. cur not so much through deficiencies in recommended by the committee would Mr. Chairman, I am very happy to the laws of the States, but principally simply make it a crime knowingly to associate myself with the very disbecause those laws have been openly transport or import fireworks into any tinguished, charming, and most efficient circumvented. So-called “bootleg” fire- State unless such fireworks are to be gentlewoman from Illinois [Mrs. works, which are obtained by placing dealt with in a manner and for a use CHURCH), who has sponsored the bill orders through the mails, frequently are not prohibited by State law. Stated con now before us. shipped in interstate commerce directly versely, the net effect of the bill would We have a most anomalous situation into States which prohibit the sale or be to prohibit the transportation of fire- in some of our States, where children use of fireworks altogether-except, of works in interstate commerce into a might just cut out a coupon from a course, for authorized public displays. State for sale or use otherwise than in comic book or magazine and send it
These products are advertised openly accordance with the laws of the States out of the State and receive dangerous in States prohibiting their use, in comic relating thereto. Appropriate penalties fireworks, in circumvention of the laws magazines and other reading matter are provided therein for violations of its of the state where the children may generally accessible and attractive to prohibitions. With the committee reside. This bill seeks to prevent the use children. Such temptation is hard for amendments, the bill would not unrea of interstate commerce to balk protecchildren to resist and many succumb to sonably encumber legitimate business tive laws concerning use of dangerous the enticement. Moreover, we must not transactions of fireworks manufacturers fireworks. overlook those thoughtless or careless and distributors. Nor would it burden To take one State, the State of Illinois, parents who seem determined to provide our interstate carriers. It is aimed di- for example, the records show that durtheir children with fireworks whether rectly at the bootlegger of fireworks, and ing the July 4th weekend of 1952 there their use is legal or not. Purchase of il- it is confidently predicted that its en were 266 fireworks accidents. Thers licit fireworks apparently is made even actment will go far toward the complete were nine deaths. Eight of those deaths more attractive because of the very fact elimination of that nefarious business, were visited upon innocent children.
There were 36 serious eye injuries. Eight to emphasize that that gratitude goes to large group in the fireworks industry of those 36 cases were children who were both sides of the House, for in recog which indulges in legitimate practice. blinded.
nizing the need for remediation of an Do you all know what I mean when I It is rather tragic for the parents and evil which, indeed, knows no politics and talk about advertisements in the sodear ones of those children to realize is no respecter of persons both sides of called "funny" magazines? Have you that the State in which they reside pro- the House indeed gave signal help. It seen such copies as this one in my hand, hibits the use of those fireworks, yet is through a united effort that we have which appears on newsstands everycompanies outside that state can with finally brought to the floor a bill to pre where and which is also subscribed to by impunity ship in those dangerous pieces vent the circumvention of State laws by our children? It is representative of the of pyrotechnics to the grave disadvan- shipment, through interstate commerce, countless children's magazines that contage and possibly grave injury of those of fireworks into States where the sales tain the order coupons with the most atchildren.
or use of fireworks is prohibited; and tractive looking, though dangerous, adThirty-six States prohibit the use of where such "bootleg” fireworks have vertisements of fireworks. All a child that type of fireworks. Ten other States proved, indeed, damaging to the life and has to do and there are countless of regulate the use in some degree. Thus limb not only of our adult population but them who do so, I will tell you—is to tear 46 States have statutes seeking to pro- of the children who especially merit our out the clipping and send in a dollar, tect the innocent young and others. protection. I listened with great inter or some specified sum, to cover the purOnly two States, to-wit, Nevada and est to the splendid statement of the gen chase price of fireworks that may prove Tennessee, have no legislation whatso- tleman from New York [Mr. KEATING), their destruction. ever.
chairman of the subcommittee which has In addition, we have found recently The time has come indeed for us to had this bill under consideration. I that fireworks companies that deal in take some action to prevent the use of listened to the equally stirring remarks bootleg fireworks in the States in which our interstate transportation facilities to of the gentleman from New York [Mr. the use and sale of the same is forbidden, flout our State statutes. That is all this CELLER). They have given to the House have been able to purchase the subbill does. Originally we provided that an excellent and complete picture of the scription lists of these "funnies" that go the transportation would be illegal where effort which the States have made to universally into American homes and to the State makes the reception of fire meet this problem, a problem, I would send directly to the children on those works illegal, but we deleted that pro- remind you, which is not new. Thirty- lists long colorful advertisements of firevision because the Interstate Commerce six States, indeed, have sought by every works which they will ship-for what?Commission made some objection to it. means within their power to protect the 50 cents, $1, $5; fireworks, the use of
I think we have a fairly well rounded eyes and limbs and lives of their children which, I repeat, is uncontrolled, and bill. In the interest of humanity, if for by passing explicit laws against the use over which no State, through State laws no other reason, I think we are entitled or sale of fireworks except under certain alone, can provide control; American to get your full support for this legisla- well-regulated conditions. Ten States, children merit greater protection at our tion. in addition, have assumed some partial hands.
. · Mr. Chairman, I yield 2 minutes to control over fireworks. Only two States To go back to the bill, H. R. 116 lays the gentlewoman from Michigan (Miss have failed to make some attempt to save down no standards for Federal regulaTHOMPSON).
their children, as well as the adults who tion. It sets no method of Federal reguMiss THOMPSON of Michigan, Mr. are also prey to the dangers presented lation of the industry. It merely atChairman, I hope the House will pass by illegal fireworks.
tempts, as the gentleman from New York this bill because we are all interested in I would like to say to you frankly, that [Mr. KEATING] pointed out, to prevent the safety of our children. I remember this will not be an emotional appeal. the circumvention of State law through as a small child I had a rather serious ac- The problem stands by itself. It is a the use of the power granted the Intercident because of the Fourth of July fire- problem of long standing. It is a human state Commerce Commission. The genworks. Just a few years ago, a very good problem.
tleman from New York [Mr. KEATING) friend of mine, a widowed woman who I, myself, was brought into the picture outlined, as I had meant to do but shall had 3 children to support, had an acci when the late coroner, A. L. Brody, of not repeat, the other abuses which are dent in her family. Her little boy of
Chicago, called my attention to the acci in process of being corrected and shall about 5 years of age was a victim of a dent on June 8, 1951, in which 3 children be corrected by the use of that power. very serious accident, and as a result he
were killed and 5 adults injured in that I have found that there is a certain was confined in one of our hospitals city through the explosion of bootleg amount of misunderstanding about this for more than a year in an effort to re fireworks, obtained in circumvention of bill. It is difficult for us who have lived cover. . He did make a rather good re- Illinois State law by mailing a coupon with any problem for years to realize covery but at a very great expense to his outside the State.
outside the State. In this case, as in that those who have not so lived with it mother.
countless others, the children who had cannot be expected to have similar and The other day I received a telegram mailed the coupon received through equal understanding and knowledge. from my State to this effect:
shipment by railway express, a package I, therefore, repeat again, this bill does Hon. RUTH THOMPSON,
containing such power of destruction as not propose to do anything in any State House Office Building,
we have no right to allow to pass into except to enforce the State law. It susWashington, D. C.: their hands.
tains the definition of fireworks that a This past July 4 the lives and eyesight
On July 7 of this year I inserted a for- given State has itself set up. It does of several Michigan residents were lost be
mal statement on this bill in the RECORD. nothing more. It simply says that as a cause fireworks were illegally brought into the State. We urge your favorable support This statement carried a full account of resident of a given State you are entitled cã H. R. 116 scheduled for House vote soon which states had passed laws to protect to the protection which your State law to prevent future tragedies from occurring their children and also full evidence of has set up against use or sale of certain in Michigan.
what the problem has been and is, in or all fireworks; and that the Federal Miss ERNESTINE B. DAVIDSON
cluding deaths and injuries, by authen Government will assist you in obtaining (For the Detroit Society for the tic tables. I also attempted to give full that protection. Prevention of Blindness).
and definite information as to what this H. R. 116 seeks only to protect you Mr. KEATING. Mr. Chairman, I particular bill does and does not do. and your children and all American yield 10 minutes to the author of the bill, This statement was inserted well in ad- children-by saying that it shall be a the gentlewoman from Illinois [Mrs.
vance of consideration of the bill H. R. criminal offense, punishable by fine or CHURCH).
116, on the House floor, in order that imprisonment, to ship or import in conMrs. CHURCH. Mr. Chairman, I every Member might know the facts.
travention of State law fireworks that would feel remiss, indeed, if I did not Without stressing further the need for have been outlawed by any State. first thank the Members of the Com this legislation, which most thoughtful
One particular question has been mittee on the Judiciary, the leadership people admit, I would like to point out raised about continuous shipment. I of the House, and all the supporters who
that in three sessions of the Congress I wish to make it clear that through the have followed through with this prob- have attempted to bring forth a bill that committee amendment it will be poslem for many months. And I would like would be effective and yet be fair to that sible to ship fireworks through States