"5 (o cuPROHIBITlNG ALIENS FROM FISHING IN WATERS OF ALASKA. HEARINGS BEFORE THE COMMITTEE ON THE TERRITORIES HOUSE OF REPRESENTATIVES. STATEMENT OF HON. F. W. CUSHMAN, M. C, FEBRUARY 12, 1906. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1 9 ( ) 6 . ^ PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. r:: co:\imittee on the territories, House of Representatives, Monday, Fehruary m, 1906. STATEMENT OF HON. F. W. CUSHMAN, M. C. Mr. CusiiMAN. Mr. Chairman and g'entlenien of the committee, the first bill to which I want to call your attention is H. R. f0850, which is "A bill to proliibit aliens from fishing in the waters of Alaska.'- There are a number of bills pending before this com- mittee in reference to the fisheries in Alaska, but this is the only bill upon this subject. There was a prior bill introduced by myself, and at a later date this bill H. R. 10850 was introduced as a substitute measure. So, while there are two bills here pending', they are in reality one bill, and I therefore consider that there is no impro- priety in my proceeding with a brief statement in relation to this bill at this time, because I understand that no one has any objection to it. Under the present laws in relation to fishing in Alaska there are certain rules and regulations, certain limitations prescribed under which fishing may be carried on in the waters of Alaska ; but what law there is upon the statute book to-day in reference to this subject applies to all people. It applies with equal force to citizens and aliens, and the law makes no discrimination between citizens and aliens. There is no doubt about the power and authority of the Con- gress to enact legislation excluding aliens from the rights of fishery in the waters of Alaska for a distance of at 'least one marine league (three marine miles) from the shores of inlets and bays. Yet, al- though this is a subject upon wdiich we have a right to legislate, no legislation has been enacted thereon. The Chairiman. What has been the policy of other nations in reference to confining the use of their waters for fishing purposes to their own citizens? Mr. CuSHMAN. In the first place, in answer to the question of the chairman, I will say that it has been decided as a principle of inter- national law that fish are property, and that fish in adjoining waters along the shores of a nation are the property of that nation out to the limit of the authority of that nation, and that limit has for many years been established at 3 miles. I believe it is said that it was first established by reason of the fact that the range of a cannon in old days was 3 miles, and that a nation was supposed to have jurisdiction from the shore line out as far as the range of a cannon. 3 4 PROHIBITINd ALIENS FROM FISHING IN WATERS OF ALASKA. The Chairman. That is, as far as it could protect its jurisdiction. Mr. CiTSHMAN. Yes, sir. As far as the nation could ])rotect its au- thority. I am not entirely familiar aa ith the sul)ject to which the chairman alludes — that is, as to hov; far the nations of tlf world have endeavored to enforce their right of ownership over the hsh. The Chairman. I referred to the principal nations. Mr. CrsmiAN. I understand that the princii)al nations, and par- ticularly Eniilaud, have exercised this rig-ht, limitinir the rif^ht of fishery in the waters adjacent to their territory to citi/.ens of their own nation. The Chairman. What action haxc we taken for the [)rotection of the fur-hearino- seals ^ Mr. CiJSH.Ai.vN. ISIr. Chaii'nian. tiuit is a subject that is very intri- cate and very lengthy. I do not know that I could give you a com- ])lete history\)f it. l know that it has been a sul)ject of friction, and, for instance, the catching of the seals in the Prihiloti' Islands, Alaska, has been a subject of international trouble and legislation for a good many years. The subject of this bill was hrst brought to my attention last sum- mer by Americans who had placed a large amount of capital, running away u]) into millions of dollars, in hshery plants and canneries in Alaska, and the fact was bi-ou.ght to my attention that Japanese were coming into the waters of Alaska with ships from their own country, and being ex])ert fishermen, were capturing a large number of salmon, often running up into hundreds of thousands of fish, salting them, and i-eturning witli them, and sometimes not even i)aying the tax thereon. They were in the line of independent fishermen, or poachers, one might say. T brought the matter to the attention of the Secre- tary of Commei'cc and Lid)(;r, ;iiid w lien I did so he informed me that the Department had already been investigating that, and they made me a rather lengthy and interesting report. I will first refer to tiiis bill. It is not lengthy, and its sole object is to prohil)it aliens fishing in Ahiska. Under date of July H, 1005, the Secretary of Connnerce and Lalxn' wrote me the following letter, addressed to me at Tacoma, State of Washington: Department of Commerce am) Laiior, OFFK K OF THE SECRF:TAItV. \V(is}iiii(;t():i. ■fitlii ■>. I'.Xi'). Sn{ : Itet'en-iiiK to yonr letter of M.iy L'2. T.M).'). nddressed to the Secretai'v of State, iiiclosiiii: a coinuuniicatioii addfcssed to yon by the Kelley-Clarke Com- pany, of Seattlo, Wash., relative to a .lapani-so tishin.^ exjiedition hound for Alaskan waters, which has been referred to this 1 tejiartnient for proper action. I have the hoiior to say : The a.ttention of the Department has already been called to the encroachment of .Tapanese tishermeii upon the salmon lisheries cure compli- ance with the laws relating; to the salmon fisheries of Alaska are i^eneral in their aiijilication and do not distini,'uish between aliens and citizens of the Uniled States. It ajipears. therefore, that the Department is witliout authority PROHIBITING ALIENS tROM FISHING IN WATP:RS OF ALASKA. 5 to est.'ililish and eiitVtrce regulations applicahh' only to .Taitancsc tisliernien for the i)uri)ose of exclndin.i,' tlieni. Ke.irulations itroliihitinij; tishinsr in eertain waters or at certain times would include and he ()]ierative aK:ii!\st citizens as well as aliens. I am advised further that while it is clearly competent for ("ouiiress. by a()])ro- jtriate legislation, to exclude aliens from fishing in Alaskan w;:ters. it has not yet done so, and until it acts this Department is without authority to prevent the encroachment of .Ja])anese fishei-men upon the salmon fisheries of Alaska. In my opinion this is a matter which nnght very properly he called to the attention of the next Congress, and i>reparatory to such action the ol1i( ers of this L)ei)artment charged with the enforcement of the Alaskan salmon fisheries act have Iteen instructed to give the matter their closest attention, and they are now m:iking a careful investiga.tion of the encroachment of the .Ia])anese fishermen complained of. In c(jmpliance with the recpiest of this I)ei)artment the orticers of the Kevenue-t'utter Service stationed in Alaska have been in- formed of the situation and instructed to gather information and make a full and complete report on the situation. I inclose herewith a copy of an ei)aitment in regard to the matter. Kespectfull.v, \'. II. Mktcai.k, So-i-ctiiri/. lion. Francis W. t'rsn.MAX. M. ('.. 'I'dcdiim. Wdsli. If I am not wearying the gentlemen of the committee, I w ovild like to read that opinion also, as it goes somewhat into the legal phase of the matter and is of some importance. The letter from the Solicitor of the Dej^artment of (\)mmerce and Lahor. under date of March 81, 1905, is as follovrs: Department of .Iustice. Office Solicitor of Department of Commerce and Labor, W(is]iiii(/t()ii. Mairh SI, 190',. The Secretary of Commerce and I>acor. Sir: In rei)ly to your request for uiy o])inion as to the authorit.v of this De- partment to prevent the encroachments of .lapanese fishermen upon the salmon fisheries of Alaska, I have the honor to say : It api)ears from the petitions and protests which have been filed with you that the business of catching, curing, and canning salmon and other fish products of the waters of Alaska and of the States of Washington. Oregon, and California has develo])ed into an industry of great promise. The value of the proi)ei'ty now employed in the prosecution of this industry is .f^ W,00( »,0(X) ; the number of men and women employed is 4<».00(). and the total value of the annual product is about .$28,000,(100. ' It is estimated that there are .500,000 .lapanese engaged in the fishing business, a great many of whom have for many years been engaged in importing salt salmon, which is a favorite necessity, from the Siberian coast. Three years ago they came into the American markets, and now that they are losing their foothold on the Siberian coast, it is claimed that the.v will swarm into Alaskan waters if some jireventive action is not immediately taken. Their advent in American waters, it is alleged, will be a menace to the busin(\ss in- terests of Washington and Alask.M, and the action of this Department is urged. It is well settled that fish in their natural element, unconfined, are imblie property. They are the i)roperty ()f the nation. The right of a nation to appro- priate its marginal seas and to reserve exclusively to its citizens the right to take fish in such marginal seas is a well-recognized princijile of international law. (Hall on Intern.-itional Law, p. LIS. 4th ed. ; Halleck on International Law, p. 10.5. .">d ed. ; Taylor on International Public Law. ]>. '2UC>.) It is also well settled that the right of a nation to exercise sovereignty and .lurisdiction over its marginal seas extends for a distance of at least 1 marine league from shore. This principle was recognized by the Supreme Court in the case of Manchester r. Massachusetts (1.30 U. S.. 2.58). in which case the court said : " We think it must be regarded as established that, as between nations, the minimum limit of the territorial .lurisdiction of a nation over tide waters is a marine league from its coast ; that bays wholly within its territory not exceed- ing 2 marine leagues in width at the mouth are within this limit, and that included in this territori.il jurisdiction is the right of control over fisheries. 6 PROHIBITING AUENS FROM FISHING IN WATERS OF ALASKA. wlu'tlior tlu' lisli be inijirntnrv. fvee-swinimin.ii fish, or free-moving tisli, or fish iittaclied to or eiiihedihMl in the soil. The open sea within this limit is. of course, subject to the common right of navigation; and all governme'.its. for the pur- pose of ^!elf-]trotection in time (if war or for the prevention of frauds on its revenue, exercise an authority beyond this limit." This distance ( 1 marine le.igue from the sliore) was fixed by the supposed range of a cannon in position. The more. recent extension of the power of artillery would suggest tliat the distance might iiroperly be increased from time to time with the increased range of guns. The Ignited States has, however, gen- erally rcH'ognized this distance in its negotiations with other nations, and the rule seems to be so far fixed th;it a nation is boimd by it in the absence of ex]>ress notice that a larger extiMit is claimed. (Hall on International Law, par. 41. 4th ed. ) It cleai-ly appears, tliert fore. Iliat ('i>!igress l;y appropriate legislation. snl).1ect. of (")ui'se. to ti'e.-ity rights. ina.\ exchide aliens from fishing in Alaskan \\'aters. at least williin 1 marine league of the shoi'e. as al)ove defined. It only remains to ite cnusidered. therefoi'e, whether or not Congress has so exercised this power ;is to authorize the I)e]i;irtment of ("oiuiiierce and Labor to grant the relief sought liy the iietitiou. Section .'t of tlie (U'ganic :ict ](i'o\-ides: " Th.-it it sh.nli Ite the i)!-ovince and duly of said Department to foster. ]>romote. and develo]) the foreign and domestic conuuerce. the mining, manufacturing, shipping, and fishery iudustrirs. ••= '■■ * ; and to this end it shall be vested with Jurisdiction .and conl^rol i:\' the dei>artmen1s. bureaus, offices, and branches of t!ie luiblic s(>rvice lierein.-ifter specified, and with such othei' ]>owers and duties ;!S uiay lu^ prcscrilied by law." It is to in' ()bser\'ed. liowe\'er. that the section above ouoted does not vest in this DepartuKMit any specific jicwer other than is now or may be itrescrilted b.v law. The salmon and other iis'ieries of .Vlasi^.-i are again referi'ed to in section 7 of th(> oi-ganic act. which is in jiart as follows: "The jurisdiction. ~!Ui"-i'\!sii!n. and control now jtossessed -'ud exercised by the Departmeid of the Treasinw over tii" fnr-; " 1. sahiicn.. and otlier ti-!ieiaes of Alaska * ■' * iwe hereby transferred an;' vested in the 1 )ei»art;ii(Mit of Commerce and Labor." A careful reading of t!ie Ahi'^kan salmon fisheries act and ofiier laws defining the jurisdiction. snpei-\ ision. and conlrol wiiich the foregoing <'iau; c of the organic act fr.insferred to and vested in the Department of ('onrmc-rce and Labor fails to disclose aiiv an!hlication and do not distinguish b(>f\veen aliens and citizens of the United States. You are. therefore, witliout authority to establish and enforce regulations. aii|i1icable only to -lapanese tishemien. for the purjiose of excluding them. IJegulations ]>roliibiting tishing in cert.ain wafers or .-if certain times would include :ind be oper.ative against citizens as well us aliens. I :iin. tliorefy will escape th.e specific t.ix wliich othei's are con!i)ello:l to bear is doubtleersons. coriioi'al ion. or comjiany iin^secahing er affemitt- iug to iires<'cute any of the following lines of business wilhin the district of Alaska. sh;ill fiist ajiply foi' and obtain license so to do from a district court or a suinli vision thei-eof in sai'l di'iifs per barrel: fish-oil W(-ri;s. ten cents pcv bai-re' : fertilizer works, twenty cents |ier t<'n." ]( is manifest from th(> t'< ve-oiu ; ■>h;if ail itersnis. ;• :ri>or,;iions. or eonipanies engaLced in the business of : lu'ing : i;d ca'.inirg sain •;!! .and other fish products within the district of .Masi-a are .quired to procuc a li eiise and pay a tax. PEOHIBITING ALIENS FEOM FISHING IN WATERS OF ALASKA. 7 Tlie law includes aliens as well as citizens. I am informed that in order to con- duct profitable flsliin,ir operations it is necessary to maintain on shore a cannery or saltery. Assnmins this to he the case the Japanese will not escape the pay- ment of the tax if the law is proi)erly enforced. Very respectfully. Edwin W. Sims. Solicitor. Mr. Chairman. I do not wish to weary the committee by reading any further. The Chairman. AVe will be glad to hear anything further, if it be as interesting as that opinion which you have just read. Mr. CusHJNtAN. There is on file here at j^resent the report of the De- partment of Commerce and Labor in reference to this general subject. The Chairman. Of prohibiting aliens Mr. CusHiMAN. Of prohibiting aliens from fishing in the waters of Alaska. Under date of January 4, 1905. the Department of Com- merce and Labor's report upon this subject is as follows. The letter is addressed to the Hon. Edward L. Hamilton, chairman of the Com- mittee on Territories, House of Representatives, Washington, D. C. : Department of Commerce and Lahor. Office of the Secretary. WasJii^igton. Januari/ J. J905. Sir: Referring finther to your letter of December Hi, 1905, inclosing a copy of 11. U. 472. a bill " To ])rohiliit aliens from fishing in the waters of Alaska." introduced by Hon. F. W. Cuslnnan. I have the honor to state: In my opinion, legislation of the kind proixised is nrgeiitly needed. It ap- pears from the records and files of the Department that the business of catching, curing, and canning salmon and other fish products of the waters of Alaska and of the States of California, Oregon, and Washington, has developed into an industry of great promise. It is estimated that the value of the property em- ployed in this business is .$:')0,000,000 ; that the number of employees is 28,000, and the total value of the annual product is .*p20.00o.OOO. Early in 1905 these interests i)etitioned this Department to take steps to pre- vent the encroachment of .lapanese fishermen on the salmon fisheries of Alaska, but in the absence of a law i)ri>hil)iting aliens from fishing in Alaskan waters the Department could do no moi'e than investig-ate the situation. Instructions to this effect were accordingly issued to special agents of this Department and through the Treasury Dei)artnient to the ofiicers of the lievenne-Cutter Service. Acting under these instructions Capt. W. H. Roberts, connuanding the revenue cutter Prrnj, proceeded to Attn Island, the farthermost island of the Aleutian group, where, on .Tune 27, 1905, he discovered four .lapanese schooners conduct- ing extensive fishing ojierations. The vessels carried substantial crews, were equii)ped with all necessary ajtparatus for catching, cleaning, and salting fish, and when discovered had taken al)ont 7,50een confined to the expedition of one vessel in 1904 and the expedition of the four reported in 1905. The expedition of 19((4 consisted of one Japanese lirig.-uitine which sailed away with 2n(i.(t()(» salmon and :>(t,()00 salmon trout. The American fishing interests fear that unless some preventive action is immediately taken l)y this Government alien fishermen — especially .Japanese fishermen — will swarm into Alaskan waters in large numbers. These fears seem to be -weU grounded in view of the fact that there are estimated to be nearly 900.000 Japanese families engaged in fishing; that previous expeditions have l>een successful : that Attn Island, where the .Ia|)anese exi)editions were discovered last year, is ni)ward of 900 miles nearer to Tokyo than it is to San Francisco, and that salted salmon is a favored food among the Japanese. The Japanese have for many years been importing salmon from the Siberian coast. Three or four years ago they came into American markets and began 8 PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. to contract for dry-salted salmon of a clieai* srade. The extent of the im- l>oi'tations of salted salmon and front into Japan for the four years beginning with 11M»1 is as follows: I iiiixtris to ./(iiHtii — Salted .saJiiioii and trout. From United States during— Japanese statement. United States equiva- lentf9. Quantity. Value. Quantity. Value. 1904 . Kins. 2,()23,1]7 7.511. 7(50 2,900,040 1,920,891 5V?i.s. 193, :«4 43, 1(!4 202,659 122,551 Pomiiis. 3,461,194 1 $96,265 1903 .. 998,923 1 21,496 1902 3.828,053 100,924 1901 -■ 2.535.576 61,030 Under existing laws the Department is without authority to ja-ohihit aliens from fishing in Alaskan waters. The provisions of law which authorize the Secretary of Connnerce and Labor to establish and enfon-e such regidations and surveillance as may be necessary to secure a compliance with the laws relating to the salmon fisheries of Alaska are general in their apidication and do not distinguish bc^twcen aliens and citi/>ens of the Fnited States. This Depart- ment, therefore, is without authority to establish anro]iei'ty. Tlicy are the ])roperty of the nation, and the right of the nation to appropriate its mar- ginal seas and reserve exclusively to its citizens the right to fish in such mar- ginal seas is a well-i-ccogni'/ed ])rincii>le. (Hall on International Law, ]). ir)8, 4th ed. : Ilalleck on International Law. \). ICI. :!d vd. : Taylor on International Public Law. p. •_'!•(;. ) It is also well settled that the right of a nation to exercise sovereignty and jurisdiction over its marginal seas extends for ii distance of at least 1 marine league from shore. (Manchester r. Massachusetts. l.".n V. S.. i.lS. ) The necessity and desirability- of excluding aliens from fishing in tb.e waters of Alaska is demonstrated by the experience with the Japanese fishermen here- inbefore mentioned. Dui'ing the time these aliens were in Alaskan waters they seem to have met v.ith a fair measure of succ'ss. and it is not unreasonable to suppoi^e that not oiUy will they return to thi-se newly discovered fields of i»roHt. but that they will be ali<'able to both the Atlantic and I'aciti'- coasts, sor. liidding American fisbcrn-cn frcui enteriii!. ]irocuring bait. For the reasons above cited absolutely prohibiting aliens fr( Kes])ectfully. Hon. Edwahi) L. Hamilton, Oiaininni Coiiiiii it tec an 7V'r;w7oy/c.v. - of vJiich Canadian g'! to tlie extrenu' of for- ports for the purpose of 1 urgt'utly recommend the enactment of a law an fishing in Alaskan waters. V. H. .Mktcalf, Srrrrtari/. II mis if I'cprcscntdtircs. }]'asli i in/toii. Mr. Klepi'kk. Then the annual output of fish has been $20,000,000, which is $5,000,000 more than the output of gold from Ahiska ? Mr. CusHMAN. Yes, sir ; that is true. The first bill which I intro- duced was H. II. 10850, and on the same day (January 4, 1906) the ."Secretary of Commerce and Lal)or submitted another short letter, whicli is important. It is addressed to the Hon. Edward L. Hamil- PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. V ton, chairman of the Conmiittee on Territories, Honse of Representa- tives, Washington, D, C. Department of Commerce and Labor, Office of the Secretary, Washington, Januanj J/, 1906. Sir: In rei)ly to your letter of December 16, 1905, inclosing a copy of H. II. 472, a bill " To prohibit aliens from fishing in the waters of Alaska," introduced by Hon. F. ^^'. Cushman, and re(iuesting suggestions with reference thereto. I have to state that the bill introduced l)y Mr. Cushman conforms substantially to the ideas of the I>epartment on the subject. The bill in question was pre- pai*ed in this Department, luit the draft was submitted before the conclusion of its consideration of the subject, and consecpiently a few nnnor changes from the original draft are now regarded as desirable and necessary. I have the honor, therefore, to submit herewith a draft of a bill, which, in all essential ])articulars, represents the ideas of the Dei»artment with reference to legislation on this subject. It will be noted that section 2 has been changed so as to subject vessels usihI or employed in violation of the act to a fine in addition to that provided for in the case of individual offenders. There is also added a provision making the po.ssession b.v an alien of fresh or cured fish and apparatus and imiilements in the waters of Alaska prima facie evidence of a violation of the provisions of the act. With these excei)tions and one or two other changes, which it has been deemed advisable to make, the draft of the bill inclosed is the same as that introduced i)y Mr. Cushman. The urgent necessit.v of effective legislation on this subject at an early date is clearly shown by the statements on page '.','.) of my annual rei)ort for 1".»0.">, .i copy of which is li(>rewith inc-losed, and also by statemcMits contained in a letter treating of the sui)ject generally, which I ain sending you at this time Respectfully, ,V. H. Metcalf. Sccrctdry. Hon. Edward L. Hamilton. ('liainiKiii Coimiiitter on Tciritoricx. House of Reprrsrntatircs. WiisJiiiif/toii. Xow, Mr. Chairman, there is only one fnrther report upon this snbject that I would like to call to the attention of the committee, and that is from the State Department. It occurred to me that, perhaps, in legislating- upon a suhject of this kind in reference to other nations, we might be tres])assing somewhat on the jurisdiction of the State Department. It is proi)er that I should state at this time that while this bill is general in its scoi)e. prohibiting all aliens from fishing in the w^aters of Alaska, it was aimed primarily at the Japanese who, by reason of their proximity to these waters, are the nation w^hich is at present most e.xtensively engaged in fishing therein. Therefore the chairman of this committee, at my suggestion, wrote the Secretary of State, and under date of January "25, 1006, the Department replied as follows: Department of State. WiisJiiiif/foii. ■Jaiiuarii 25. IflOii Hon. Fl L. Hamilton, (Iminnun Coniniittrc on tlic Territories. House of Reprfseiitatires. Sir: I have the honor to acknowledge the receipt of your letter of the l(>th instant, with which you inclose a co])y of the bill II. R. 1()S.50, "To prohibit aliens from fishing in the waters of Alaska." You state that the bill has the appro^■al of the Secretary of Connuerce and Labor, who states that there is urgent need of legislation in the direction suggested by the bill, and that the counnittee would be glad to have any suggestion which I may desire to offer in relation to the provision of the bill as affecting existing treaty stipulations. There are two aspects in which the matter would present itself to this Department : 1. Our treaty relations with .Japan. 2. Our treaty relations with otlier countries. 10 PROHIBITINd ALIENS FROM f^ISHINa IN WATERS OF ALASKA. I have exiunined tlio hill in (Hfinicctioii with (mr treaties witli Jaiiau. I tind no provision tlienMn .i;ivin,u: Japanese the riyht to tish in American waters. If any sneh treaty provision existed, it would defeat the pnri)Ose of the proposed law. as the latter includes a i)roviso declarin.a: that nothing contained therein shall he construed as affecting any existing treaty or convention hetween the LTnited States and any foreign power. As to the effect (»f the hill on our treaty relations with countries other than Japan, the proviso (pioted ahove guards against ])ossible contiict with any treaty provision on the subject with other countries. As to whether or not it is expedient to im'\ent .Japanese from fishing in Alaskan waters. I should he (lisi)osed to give weight to any statements made by the Department of Counnerce and Labor concerning the effects of Jajiauese fishing in Alaskan interior waters, and the detriment which may have been caused thereby to our own people. I have the honor to be, sir. your oiiedient servant. Eliiih Root. I think that these comprise all of the official reports upon this subject in relation to the bill in question. Perhaps I have taken more time in presenting the subject than I should, but I consider it an important one. If there are any special provisions of the bill upon which the connnitte-e would like to be informed, I will be glad to explain them as far as possible. The bill is very brief, and I will read it if the committee will permit. Mr. Powers. How do you like that second claus(>, '' or has not declared his intention to become a citizen of the United States? " Mr. CusH3;iAx. I do not like it very well. It is easy for any man to declare his intention to become a citizen of the United States. Mr. Powers. I think that there should be an addendum as follows: " Wlm has l^ecome a citizen of the United States, and who is an actual resident thereof." Mr. CusiiMAX. That is a very good suggestion. Mr. Lloyd, does that not strike you as a very pertinent suggestion '( The Chairman. That is a matter that may very properly be taken into consideration by the subcommittee. O LIBRARY OF CONGRESS 002 869 679 6