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business by honest and fair planning are much worse of than they have ever been in their history.

Crazy schemes to destroy the liberty of the people and to establish a dictatorship will not help the situation but will make more acute the unemployment problem, destroy business and credit generally, and give us nothing with which to build.

they shall work. This applies to every industry with the exception | America and the real farmer who tries to make a comms of his of agriculture and perhaps domestic servants. It applies to the small manufacturer. It applies to the large manufacturer. A large manufacturer employing thousands and thousands of men and women can and will be able to come to Washington and maintain representation before a wage board on the fixing of wages and hours, but the small manufacturer or the small merchant could not afford to keep such representation here. The working men and women of this country, numbering perhaps three-quarters of our working population, are not members of any organization which would represent them in this respect. Therefore, this wage board would ax the majority of the peoples' wages and hours without adequate representation on the part of the employer or the employee. Many a small merchant simply has a schoolboy in for Saturdays to help him. Many a small manufacturer or repair shop has a part-time employee whom it provides with a livelihood because of the opportunity it has to give employment to someone. Many a small employer provides work for those who are older in years or who are perhaps mentally not as alert as some of the others or who are perhaps physically defective at a wage differential. Every one of these employments are special instances requiring for their proper consideration a proper understanding of the personal relations between the employer and the employee. Throughout all the history of this country this type of employment has been general, especially in the smaller plants. Most of the employees who are so employed are able to earn their own living. Those who are not able to earn enough for their entire support earn the major part of their support.

The result of the passage of this bill means the dumping of this entire block of thousands and thousands of employees in the aggregate on the permanent relief rolls with no possibility of their maintaining their self-respect or earning a part of their Livelihood themselves. Is it fair to these people, the so-called underprivileged, to deprive them entirely of their right to earn a living and their self-respect by creating a situation where without representation or without possibility of a hearing on the part of either themselves or their employer that they are placed permanently on the relief rolls of this country? Is it fair to the Attest that they be permanently burdened with the support of those who are underprivileged when the underprivileged are much better off doing something to earn at least part of their own living?

That is one aspect of this bill. A second aspect is this: If we are going to fix the minimum wages and the maximum hours, it is only one more step to fixing all hours of labor and all wages. To my mind private industry and private employment of labor from the standpoint of either the employer or the employee is impossible with either the minimum wage or the maximum hours Axed by a board in Washington or by that board going further and having absolute control over wages and hours. It means, first, the end of all liberties on the part of the workingman; the end of his right to get along: it means the end of the labor union because there can be no labor union in the situation that is created by such a board; it means the end of all private industry and the establishment of a dictatorship and socialism; it means the fixing of all wages and salaries and hours by a decree from a dictator because no other form of government is possible that can control that sort of thing.

This bill is not in the interests of labor but is being brought forward by those who are deceiving labor, who are trying to destroy private employment and make conditions such in this country that we must go backward instead of forward.

In 1933 under the N. R. A., we tried this kind of monkey work. It was rapidly destroying the small-business man, the small manufacturer. It was rapidly placing a burden upon the workingman and the employer which he was unable to bear. The Supreme Court came to the rescue of the people and wiped out the N. R. A., wiped out the governmental overlordship of industry and labor which the N. R. A. created, and then business and Industry began to go ahead until there was set up the National Labor Relations Board with authority to muddle in and create antagonism between labor and capital.

In 1933, on the demand of the President, the A. A. A. was passed, giving the Secretary of Agriculture absolute control over major agricultural products. This control intensified the agricultural depression and made the situation of the farmer much worse than It had ever been, and this continued until about 1935 when the Supreme Court wiped out the A. A. A., and there then began a revival of prosperity for farming and business, which the operations of the National Labor Board, the threat of the so-called wage and hour bill, the reduction in tarif on agricultural products. and the threat of a new agricultural dictatorship has destroyed.

Only last winter at Houston, Tex., I saw five foreign ships, each loaded with at least 175,000 bushels of Argentine corn, a total of 875.000 bushels, which was being imported in to the great corngrowing State of Texas as a result of the reciprocal-trade policies of the Roosevelt administration. This is just a small sample of the manner in which we have seen the Roosevelt administration move to destroy agricultural prosperity. And now, when a surplus results largely because of the cumulative effect of the unnecessary foreign imports, we are asked to give the President dictatorial powers to that he can make the emergency permanent.

If you will take stock of those that you know and of their situation now and their situation 4 years ago back in your own home communities, you will realize that the workingman who works for a living is worse of than he ever was before. It is true that large funds have been handed out to those who never worked and never would work, but the real workingman who is the backbone of

In 4 years' time we have had $16,000,000,000 added to the national debt. I can say this to you: There is no evidence of any honest attempt yet to reduce expenses and balance the Federal Budget. It is rumored, although we do not know about it, that $208,000,000 has been impounded by the President out of this year's appropri tions available for expenditure in 1938. What does that amount out of 89,000,000,000 of funds available to the President for expendsture in the fiscal year 1938? What does that amount to with deficit already existing in a little over 4 months of this Ascal your amounting to over $600,000,000, indicating a net deficit for the year of approximately $2,000,000,000, and this, we must consider, commes at a time when the Government income taxes and internal-revenue taxes as a result of this administration's created depression are bound to be lower on March 15 and June 15 next?

But these things that I have talked about are not the worst attuation that the Government faces. There is the proposed reorganization plan. There is the bill to destroy the power of the Comp troller General to audit claims and fx the balances of the executive departments and independent agencies. In other words, an absolute power to see that funds are not expended for any purpose other than that authorized by law. The Comptroller General, under the bill that is pending before the House H. R. 8276-would have no power except to report to Congress. The functions that are now exercised by the Comptroller General would be exercised by an auditor general, who would be a subordinate officer of the Treasury Department and who would be subject to every whim of the Executive. In the first battles for Anglo-Saxon liberty the Magna Charta was wrested from King John in England. One of the major principles set forth in that document was the right of Parliament, or the legislative body, to have control over appropriations. That same right was delegated to the Congress under the Constitution of the United States. Ever since the formation of our Government there has been an auditing cfficer of absolute independence. Since 1821 this official has been the Comptroller General. To destroy the power of the Comptroller General to audit and fix balances and vest that authority in a subordinate oficial of the Treasury Department simply destroys any control that Congress ever had over appropriations and their expenditure and all safeguards as to the proper expenditure of funds. Such an operation is cumulative. It is along the lines of the establishment in this country of a dictatorship and an autocracy, of the destruction of the liberty of the American people, of the destruction of any possible relief for labor, or farming, or industry.

This special session and the regular session that is to come in January are amongst the most important in American history, for If we give up our liberties under the Constitution now, and the passage of these bills means giving up cur liberties and American freedom, under which we have established the greatest opportunity for the common man in the history of the world, they will have gone forever.

Let us stand up now and fight for the liberties of the American people, for the rights of labor, of farming, and of industry, and against those who would destroy them.

Making Pure Food and Drug Legislation Effective

EXTENSION OF REMARKS

HON. JOHN M. COFFEE

OF WASHINGTON

IN THE HOUSE OF REPRESENTATIVES
Monday, November 22, 1937

RÁDIO ADDRESS BY HON. JOHN M. COFFEE OF WASHINGTON
ON JULY 21, 1937

Mr. COFFEE of Washington. Mr. Speaker, under leave to extend my remarks, I include a coast-to-coast radio address delivered by me over the Nation-wide network of 84 stations of the Columbia Broadcasting System, as follows:

WE ARE TOO EASILY IMPRESSED BY MISREPRESENTATION One of the anomalies of our times is the inability or the unwillingness of the American people, through their Congress, to pass effective national pure food and drug legislation to enact laws with teeth in them. As a Nation we love to be hoodwinked. We delight in mirages. We are dreamers of rosy dreams. We are gluttons for punishment. We repudiate the apothegm "the burned child fears the fire." After the tannic acid assuages the agony of the burn we return to the fire with carefree gayety. I a novel runs to 1,000 pages and we are told with sumcient frequency by fashionably well-placed people that it is a masterpiece we hypnotize ourselves into believing it also, and vie with

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other in praise of the volume. I, by persistent repetition, we are told that a certain movie is super-super ultra-ultra and the adjectives of the English language are exhausted in its encomiums, there are few of us who are willing to disagree. We Join in the hallelujahs of approbation. Since it is fashionable to effect to have a musical appreciation, many of our neighbors whom we know don't know one note from another compete with each other in protesting their thrilling delight at certain discordant performances some of which we unhumorously call grand opera. We are color conscious and are intrigued by the exquisite lithography of certain stocks and bonds and seldom exercise sumcient caution to inquire into the bona fides of the sponsors. We believe what we read in the newspapers. We are a credulous and gullible Nation. Even the late P. T. Barnum arrived at that conclusion a half a century ago.

So it is with pure food and drug legislation. The patent-medicine racket continues with seemingly unabated vigor. Daily we purchase with naive faith patent cure-alls in our drug stores and canned foodstuffs, childishly confident that the product is what it purports to be.

THE CURRENT PURE FOOD AND DRUGS LAW IS OUTMODED The Federal Pure Food and Drugs Law was enacted in 1906 after a 27-year fight led by Dr. Harvey Wiley. That law has now outgrown its usefulness. Its chief defects are that it applies neither to advertising nor to cosmetics, although it does forbid false claims on labels and prohibits adulteration of food or drugs. But that law contains a fatal joker. The law interdicts false or misleading claims on labels. By "misleading" is meant a statement, which, although technically true, in fact is misleading. The United States Supreme Court some years ago had before it an important test case. The Government contended that Dr. Johnson's combination treatment for cancer was falsely labeled. We would hardly assume today that there could be much difference of opinion as to whether a "combination treatment for cancer" was misbranded or not, but the Supreme Court thought differently. It decided that the prohibition against false or misleading claims applied only to the ingredients of a package and not to claims about its curative powers, and so it dismissed the prosecution. This decision shocked the country. Within a month President Taft sent a message to Congress asking it to undo the evil the Supreme Court decision had created. A bill was introduced to amend the law to make it apply to therapeutic claims on the labels of drugs. That bill became a law, but only after the lobbyists had inserted a joker which made the amendment worthless. The amendment as finally adopted forbade false and fraudulent therapeutic claims on the labels of patent medicines.

Therefore, when the Government started an action based on false therapeutic claims against the seller of patent medicines it had to prove not only that such claims were false but also that the person who made them knew they were false.

In other words, the more ignorant a drug vendor was and the less he knew of medicine the less likely he was to be convicted. The lobbyist most active in getting this joke enacted in the 1912 amendment was an executive of one of the largest so-called ethical drug manufacturers in America.

BANBAR

Here is an illustration of the difficulties of prosecuting under this provision: A former shirt salesman was selling a so-called diabetes cure known as Banbar and getting 812 a pint for it. The Food and Drug Administration of the Department of Agriculture analyzed Banbar and found it was essentially an extract of a common weed, "horse tail", frequently found growing along railroad tracks. A criminal prosecution was started. Experts testified Banbar was worthless. The manufacturer then introduced in evidence hundreds of testimonials praising Banbar and swearing it had cured their diabetes. The Government then proved that scores of these persons had actually died of diabetes. Yet a jury of 12 good men and true acquitted the manufacturer and the Government did not appeal, for the excellent reason that it could not. The Constitution forbids putting a person in double Jeopardy for the same offense in a criminal action.

MARMOLA

Did you ever hear of Marmola, the well known antifat preparation? Its manufacturer previously had been selling lost-manhood cures by means of Police Gazette advertisements. This preparation depends for its electiveness on thyroid extracts, which can, and do, seriously harm many persons. The Post Office has the power to deny the use of the malls to those using them to defraud. Under this power it issued an order against one of the drug firms connected with Marmola. The manufacturer blithely changed the name of his firm and continued doing business under another name. He was able to dodge the postal inspectors until 1914, when the Post Office prosecuted criminally, and he pleaded guilty, paying a $5,000 fine. Eventually he gave up his mail-order business but continued to sell Marmola to retail druggists and to advertise it nationally. The Post Office then had no jurisdiction and so it dropped the fight.

MARMOLA STILL PROSPERS DESPITE ITS EXPOSURE

The Food and Drug Administration was without power to proceed against Marmola, as it is technically not a drug, since obesity is not a disease. It is just a condition. This agency had Jurisdiction over food and drugs only, and hence could do nothing. The Federal Trade Commission took up the battle. That body has the power to issue an order directing a manufacturer to cease false advertising, and did so in 1928, charging that Marmola was being advertised as safe, when in fact it was dangerous. The manufacturer promptly appealed to the United States Supreme

Court, continuing to sell Marmola during the appeal, doing $600,000 worth of business a year. The Court decided that the Federal Trade Commission had jurisdiction only when a manufacturer's false advertising "injured its competitors", and ruled that the Commission had not proved that Marmola's practices were harmful to its competitors. Today Marmola, which the United States Supreme Court admitted was dangerous to use except under a doctor's care, continues to menace the health of uninformed women, and the manufacturer continues to corral the proat thereof.

PRESIDENT ROOSEVELT WANTS MERITORIOUS LEGISLATION

Many dangerous drugs are commonly used in patent medicines. Under the present law the presence of most of these drugs does not even have to be stated on the label. The consumer has no way of knowing when he is subjecting himself to the perils inherent in their use. President Roosevelt, in a message to Congress on March 22, 1935, said: "A measure is needed which will extend the control, formerly applicable only to labels, to advertising also; which will extend protection to the trade in cosmetics; which will provide for a cooperative system and method of setting standards and for a system of inspection and enforcement to reassure consumers, grown hesitant and doubtful. •

DINITROPHENOL

Recently there has been an increasing list of persons killed by dinitrophenol. Countless people have sustained cataracts of the eyes as a result of its use. Complete blindness has frequently ensued. Last year the American Medical Association reported that there were 23 reducing preparations on the market which contained dinitrophenol. In many places these preparations can be purchased at the corner drug store and the purchaser can embark on a course of self-medication with a drug which, even when taken under expert medical supervision, has often caused death.

STRYCENDI

Under the present law strychnine, a highly toxic drug, does not have to be declared as an ingredient. Scores of children have died because of strychnine poisoning, due to laxative and tonic pills. Parents assume such preparations to be innocuous. They have no way of knowing that the chocolate or sugar coating of these pills, so attractive to children, covers sufficient strychnine that six or eight tablets accidentally eaten may constitute a lethal dose poison for a small child.

THE TUGWELL HIL

Under the Tugwell bill, proposed by the Roosevelt administration, an important provision was won which listed many incurable diseases, or those which can be safely treated only by a doctor. Among these were cancer, diabetes, diphtheria, appendicitis, tuberculosis, and venereal diseases. This section forbade outright any advertisement of medicines for such diseases. Half-way measures are not enough for quacks, who profit by raising false hopes in those suffering from incurable allments. But the list of diseases was too long for the medicine industry, and the diseases were cut from 42 to 9. The present Copeland bill, now pending, does not even prohibit advertising of drugs for diabetes, although science knows of no cure. Even insulin will only keep the patient alive; it will not cure him.

The Tugwell bill required each patent medicine and cosmetic to list on its label all of its ingredients and their proportions. It might be difficult to sell cold cream at $5 a jar if the label showed merely a few inexpensive everyday ingredients in the jar. Bellers of hair tonic guaranteed to grow hair on billiard balls would be unable to operate this racket if the label disclosed that the preparation contained nothing but colored water and red pepper. The canners were up in arms about the grade-labeling proposal. Today the housewife, when buying canned foods, is buying a surprise package. The gaudy label on the outside of the can is about as descriptive of the contents as a circus-sideshow poster is of the freaks inside.

CANNERS FAVOR GAUDY ADJECTIVES

Canners protested that grade labels would confuse the ignorant housewife, that the poor would be ashamed to ask for the lower grade, that it was impossible to grade accurately. Isn't the housewife today confused by a canner's adjectives? If you are in any doubt just listen to those used in listing sizes, not quality, of olives: Small, medium, large, extra large, mammoth, giant, jumbo, colossal, and super colossal. Even Cecil B. DeMille, in his palmlest days, couldn't do better than a "super colossal olive."

But the committee in Congress refused to report the Tugwell bill. Its provisions have been emasculated. Its incisive teeth have been replaced by false molars. Substitute legislation is now pending, the principal one known as the Copeland bill. I contend that this act is a law weaker in some respects than the existing act. As it has passed the Senate the power to make multiple seizures has been seriously impaired, because under it the accused may demand trial in his home jurisdiction, whereas consumers are more likely to receive the kind of court action to which they are entitled in the districts where they lived and have been harmed than in that of a distant manufacturer who may have transgressed the law.

CRAZY CRYSTALS

Did you ever hear of Crazy Crystals? They have swept the West in popularity. In American Chamber of Horrors, by Ruth DeForest Lamb, the author declares these crystals are essentially Glauber's salt, a horse physic. Yet a package of these crystals retails for $1. The same amount of Glauber's salt can be purchased for a quarter. In elaborate business omces on the main streets of American cities these crystals have been advertised as a panacea for diseases ranging from constipation to Bright's disease.

APPENDIX TO THE CONGRESSIONAL RECORD

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