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Section 1, article III, of the Constitution concerning good behavior, and section 4, article II, concerning impeachment, are not unrelated. The majority report holds that the proposed legislation is not dependent on the provision of the Constitution with reference to impeachments, and has no relationship whatever with impeachment.” I cannot accept this interpretation of the Constitution. The one article supplements and defines the others. The "good behavior" mentioned in section 1, article II, means freedom from "treason, bribery, or other high crimes and misdemeanors”, as mentioned in section 4 of article II. In addition, the above two sections must be read with section 2, article I, of the Constitution, which provides that "The House of Representatives

shall have sole power of impeachment", and with section 3 of article I, which reads: "The Senate shall have sole power to try all impeachments." Therefore, the right to impeach resides solely and exclusively in the House of Representatives, and the right to try the accused judges lies solely and exclusively in the Senate. Shall we say that the Constitution has given exclusive power to the Senate to try the judges in all cases but that Congress, nevertheless, can give this power to some other tribunal merely by calling it some other name, like the "court of ouster?

CONCLUSION If district judges may be removed by act of Congress, & circuit court of appeals judge similarly may be removed; a member of the Supreme Court may be similarly removed; in fact, any civil officer may be removed without trial by jury and with no appeal.

Section 3, article I, of the Constitution imbues the Senate with the sole power to try all impeachments. It was intended to and does place the judges on a high plane of independence, where they could act without fear or favor, subject only to difficult removal by the Senate. The constitutional provision of impeachment does not permit the removal of judges by the method proposed in the instant bill, simply by making a change in the name of the tribunal set up to hear the impeachment charges. A rose by any other name smells just as sweet. Congress is inhibited from passing bills of attainder. Congress cannot pass bills of attainder by calling them bills of decapitation and exile. Congress could do all that by token of the argument used by the proponents of this bill. Likewise with the instant bill. All they would need to do is to change the name and method of removal.



Mar 14, 1937.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed

Mr. DREWRY of Virginia, from the Committee on Naval Affairs,

submitted the following


(To accompany S. 1330]

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The Committee on Naval Affairs, to whom was referred the bill (S. 1330) to authorize the attendance of the Marine Band at the United Confederate Veterans' 1937 Reunion at Jackson, Miss., June 9, 10, 11, and 12, 1937, having considered the same, report it to the House with the recommendation that it do pass with the following amendment:

Amend by striking out in line 9, page 1, "$10,000” and inserting in lieu thereof “$6,000”.

It has been the policy in past Congresses to authorize either the Marine Band or the Navy Band to attend the reunion of the United Confederate Veterans.

Due to the rapid depletion in the ranks of this organization and to the age of those remaining, it is very doubtful if there will be another reunion. The committee, therefore, considers that this practice should at least be continued for the reunion to be held this year.

If the band should attend this reunion without the legislation proposed in this bill, it would have to be done at the individual expense of the members. The committee feels that the members of the band should not be requested to attend affairs of this or any other kind at a personal sacrifice and therefore reports this bill favorably:

The following letter from the Secretary of the Navy addressed to the chairman of the Committee on Naval Affairs, House of Representatives, and which sets forth the views and recommendations of the Navy Department, is hereby made a part of this report:


Washington, March 19, 1937. The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 4205) to authorize the attendance of the Marine Band at the United Confederate Veterans' 1937 Reunion at Jackson, Miss., June 9, 10, 11, and 12, 1937, was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of the bill is to authorize the President to permit the Marine Band to attend and give concerts at said reunion, and to appropriate the necessary sum of money, not in excess of $10,000 to defray the transportation and accommodation costs and actual living expenses of members of the band while on this duty, such expenses not to exceed $5 per day per man.

The estimated cost of attendance of the Marine Band at this reunion at Jackson, Miss., including round-trip transportation and allowances for living expenses for approximately_75 members during the trip is $5,195.

The Navy Department interposes no objection to the enactment of the bill H. R. 4205. The bill H. R. 4205 is not in conflict with the program of the President. Sincerely yours,


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May 14, 1937.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. WOODRUM, from the Committee on Appropriations, submitted the



[To accompany H. J. Res. 861)

The Committee on Appropriations, to whom was referred House Joint Resolution 361 entitled "Joint resolution making appropriations for relief purposes”, report it favorably with amendments.

The basis of the joint resolution is contained in the message of the President of the United States transmitted to Congress on April 20, 1937 (printed as H. Doc. No. 234), in which occurs the following paragraph relative to work relief:

I recommend that an appropriation of $1,500,000,000 be provided for work relief for the fiscal year 1938, and that it be made available early in June so that its expenditure can be properly planned prior to July 1.

By a committee amendment the amount in the joint resolution is increased from $1,000,000,000 to $1,500,000,000, and by other committee amendments the amounts for the respective classifications of work projects are increased in order to make such maximum amounts agree proportionately with the total of $1,500,000,000 recommended to be appropriated.

Three other committee amendments are recommended. The first; inserted at the end of section 1, provides that the funds allocated hereunder to the Works Progress Administration shall be so apportioned and distributed over the 12 months of the fiscal year ending June 30, 1938, and shall be so administered during such fiscal year, as to constitute the total amount that will be furnished during such fiscal year through such agency for relief purposes. The intent of the amendment is to make clear to administrative officials, both Federal and non-Federal, that the recommended appropriation is a full year's appropriation for relief purposes and is expected to be planned on that basis and is not contemplated by Congress as a partial year's funds,

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