Mr. HOBBS. We did not change it. We left it according to the fixed date that was then in the act and made no change so it will terminate in December of 1946? Mr. NEALE. That is right, and we recommend it continue for just that period of time. As to the act of October 16, 1941, we would like to continue section 2 of that act until December 31, 1946. That act covers the requisition of property by commandeering. As to the actual commandeering the date expires June 30, 1946. That is one of the wartime powers that we are willing to give up immediately. However, there is also the expiration date of December 31, 1946, with respect to the return of the property to the original owner. The original owner has a right to come in up to a certain time to get his property back and that right should be continued. That act will not be affected by these resolutions, but it is one of these emergency statutes and we are willing to let go section I at this time regardless. The act of October 10, 1942, covers the suspension of the law which relates to the composition and cost of the Navy ration and the expiration date is 6 months after the termination of the present war. We would like it continued until November 1, 1946, to establish a definite date for the changing over to the peacetime method and to allow time for the transition. The act of December 1, 1942, dealing with transportation of personnel engaged in the war effort, at present does not expire until the expiration of the war. We would like to have it continued until June 30, 1947, to enable the Naval Establishment to maintain transportation facilities to certain isolated communities and stations which are not served by commercial transportation companies. We have forces in isolated places in the Pacific where there are no air lines or ships. The act of December 17, 1942, which covers the award of medals and decorations to units or persons in the armed forces of cobelligerent nations during the present war, expires 6 months after termination of the present war. We would like to make the expiration date May 1, 1947, so as to give us time to make the award of medals and decorations to members of the Allied Nations. The act of July 12, 1943, covers the use for war purposes of silver held or owned by the United States. The present statute, I believe, as to the making of leases or sale, expired December 31, 1945. The expiration date for the terminaion of such leases is 6 months after the end of the war, and as far as the Navy is concerned November 1, 1946, will cover the termination of the leases. That will afford us time to obtain replacement. It may be some other agency needs a longer time. As far as we are concerned it was not used very much and that early date will cover the Navy. That concludes, Mr. Chairman, the Navy comments which we have at this time. There are about a dozen other statutes which we have not got at the moment. We will endeavor to follow it through while this committee is in session and get our report in as soon as possible. Mr. HANCOCK. Are not the bills you have listed in the schedule before us? Mr. NEALE. A good many of them are; but I am afraid some of them are not. Mr. HANCOCK. Are the comments the same as they are here? Mr. NEALE. I am afraid also in certain cases they are not the same. We have found a few cases of conflict between the material which we obtained and that which was printed in the schedule you have. They are not very many or serious but to that extent I would prefer to have the compilation I have here and which I have just testified to control rather than the one submitted to you. Mr. HANCOCK. Then we cannot rely on this as authoritative? Mr. NEALE. Not in respect to the Navy at the present time. We are going to sit down with Mr. Snyder's representative and work out the changes in regard to it. Mr. HOBBS. How many laws are you willing should go out now? Mr. NEALE. Twenty-four. Mr. HOBBS. And how many should be retained indefinitely? Mr. NEALE. Fourteen. Mr. HOBBS. And how many should be retained permanently? Mr. HOBBS. And how many should be retained until a specific date. Mr. NEALE. Twelve. Mr. EMERSON. We have under preparation now a revision of groups II and III of material submitted, which was submitted some time ago and this would conform with the Navy present request. Mr. HANCOCK. So we are getting a new set of schedules? Mr. EMERSON. Yes; group II, I think, is complete; and I think groups II and III to be revised very shortly. Mr. HOBBS. Mr. Neale, that only adds up to 67 and you gave a total figure of 81. Mr. NEALE. That is correct. There are approximately 80, but some affecting the Navy we are not quite ready to report on. There are about a dozen statutes that we have not got here today. I will endeavor to get those and present them to the committee in the next few days. Mr. HOBBS. That would be. about 14 yet to be accounted for out of a total of 81 Mr. NEALE. That is about it. Mr. HOBBS. And you will give us the others? Mr. NEALE. Yes, sir; we will get them in as soon as we can. Mr. HOBBS. Thank you very much. That was the ground we planned to cover this afternoon. We will meet in the morning at 10 o'clock, when we will resume the hearings and at that time we will try to take up all the others, and at that time you can supply us the other 14. Mr. NEALE. I can give you some of them now. Mr. HOBBS. We would prefer to wait until tomorrow morning when you can give us all of them. Thank you, gentlemen; we will recess until 10 o'clock tomorrow morning. (Thereupon the committee adjourned to meet on Tuesday, May 28, 1946, at 10 a. m.) CESSATION OF HOSTILITIES, TERMINATION OF THE WAR AND EMERGENCIES TUESDAY, MAY 28, 1946 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4, COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met at 10 a. m., pursuant to call, Hon. Sam Hobbs (chairman) presiding. Mr. HOBBS. The committee will be in order. Mr. Emerson, we are ready for you. Who is the first witness, Mr. Emerson? FURTHER STATEMENT OF THOMAS I. EMERSON, GENERAL COUNSEL, OFFICE OF WAR MOBILIZATION AND RECONVERSION Mr. EMERSON. Mr. Chairman, we have a number here. I thought that it would be best to dispose first of those who only have a few statutes and take later those who have longer testimony. Mr. HOBBS. All right, sir. Mr. EMERSON. So I think we might start first with the Federal Works Agency, Mr. Johnstone. FURTHER STATEMENT OF J. HENRY NEALE Mr. NEALE. Mr. Chairman, we have that compilation of the remaining statutes affecting the Navy. If you want to take this now, it really follows along behind our testimony of yesterday. Mr. HOBBS. How about you, Mr. Johnstone? Are you in a hurry? Mr. JOHNSTONE. That is all right. I am in no hurry. Mr. HOBBS. This concludes the Navy. All right. We will be glad to hear from you. Mr. NEALE. All right. This is Donald McDonald, a lieutenant commander of the Naval Reserve, of my office, and he completed this compilation. We went over it last night. I would like to add one thing to the general statement I made yesterday, and that is to call attention to the fact that a number of these resolutions now before the committee provide for a date already past and the passage of such a resolution would cause quite a chaotic condition, because many statutes expire at the date declared to be the end of hostilities. If any resolution at all is to be passed it ought to be one that fixes a date in the future rather than one that is now already past. With regard to renegotiation, for instance, which ex 143 pired December 31, 1945, and would have expired earlier if declaration had been made that hostilities had ceased, the passage of a retroactive resolution now would require us to go back and reopen those proceedings which have been carried through the end of the calendar year. That situation exists with respect to a number of statutes and the declaration by Congress that the end of hostilities occurred prior to a present date would make a very chaotic condition. Mr. FELLOWS. May I ask, should it be a concurrent or a joint resolution? Mr. NEALE. I think concurrent would be satisfactory under most of the statutes. I think the statutes vary in their terms. Some say resolution of Congress, some say proclamation of the President, and some say either. Some specify concurrent resolution, and I think some say also concurrent or joint, or just say a resolution without saying which one. Mr. SPRINGER. If the concurrent resolution, or whatever resolution is passed, specifies a time which has already passed, and expired, do you believe it would cause some confusion and chaotic conditions? Mr. NEALE. It would be tremendously confusing because of the great number of statutes which would then be terminated retroactively. Of course, to fix a date, for instance, back in September would be even worse, because that would terminate in addition to all those statutes that will expire 6 months after the cessation of hostilities. Mr. SPRINGER. It is your thought that in the event of any resolution being passed it should be of the present or of the future and not of the past. Mr. NEALE. Exactly. With the additional comment, of course, that we do not feel the problem should be handled at all on an overall basis. We think it would be inadvisable to adopt any of these resolutions. Mr. HOBBS. All right. Mr. NEALE. Lieutenant Commander McDonald. STATEMENT OF LT. COMDR. DONALD MCDONALD, UNITED STATES NAVAL RESERVE Mr. HOBBS. Commander McDonald, would you please give your name and rank to the reporter so we can have that? Your statement will conclude the statement of Mr. Neale, who has already given us the 24 laws that they are willing to let go; 14 which should be maintained and retained indefinitely, 17 which should be retained permanently, and 12 which should be retained until some fixed date which was suggested. The commander will be able to testify as to the 14 remaining laws which are not covered in the 67. We will be delighted to hear from you. Lieutenant Commander McDONALD. My name is Donald McDonald, lieutenant commander, Naval Reserve. It is my understanding that the committee is interested in those laws on which the Navy has recommendations ready, an don which we have not previously made recommendations. The first item, a number of a series which I will take up, tion 1624 of the Revised Statutes, article 5. is sec Mr. HOBBS. Go ahead. Lieutenant Commander McDONALD. This statute is operable in time of war for the control of spies. The Chief of Naval Operations has recommended that it be made applicable also in time of peace. The next item is section 4067 of the Revised Statutes. That gives us the power in time of war to control aliens of any nationality. The Chief of Naval Operations has recommended that this be made applicable to any period of threat to the national security. The next item is the act of June 15, 1917, chapter 30, title 1, in regard to espionage and sedition. It is operable in time of war. We again ask that this statute be made operable in peacetime, deleting the requirements of intent in espionage cases. As will be noted, all of these statutes affect the problem of the control of enemy spies or aliens in this country when the national defense is threatened, not only when we are formally at war but also at any time that enemy agents may be within our borders. The next item is the act of May 22, 1918, chapter 81, imposing wartime restrictions upon the departure of persons from and the entry of persons into the United States. Again, the Chief of Naval Operations would like to see this statute made operative in peacetime. Mr. HOBBS. Would there be any possible conflict there between the statute that you ask be made operable in peacetime as well as in wartime and the immigration and naturalization laws? Lieutenant Commander McDONALD. I think, Mr. Chairman, that the problem may best be handled by the Navy taking the initiative and redrafting the statutes which formerly were only operable in time of war so as to integrate them with the coordinated policy of national defense. We can work out any conflicts with the peacetime immigration laws. Mr. HOBBS. Do those sections apply to the Army as well as to the Navy? Lieutenant Commander McDONALD. Offhand I do not know. Mr. HOBBS. It seems to me that if it is a desirable change from the standpoint of the Navy it probably might be from the standpoint of the Army as well. It might be well for you gentlemen to confer with Colonel Thompson in regard to that matter, and we can also have the benefit of the advice of the Immigration Service as well. I think we will be in accord with the view that that ought to be homogeneous so as to affect and protect the Nation in peace as well as in war, but that we should do a more thorough job in regard to this class of coverage so as to make it applicable to all our services that deal with the problem. Lieutenant Commander McDONALD. It was my intention solely to mention the statutes because the passage of any of the resolutions before your committee would deprive the Navy of powers which we now feel essential to protect our interests. Mr. HOBBS. We are not quarreling with that, but we want to suggest that there are more than the Navy concerned. Lieutenant Commander McDONALD. We appreciate that and appreciate your suggestions. Mr. NEALE. I might say in that connection, Mr. Chairman, that in the deliberations of the committee of the Joint Chiefs of Staff that I mentioned yesterday we considered the so-called temporary legislation and did not go into this permanent legislation. We came to an agree |