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price per ton under the new contracts was increased to $5.17 per tonwhich was, of course, after the 1942 Capitol Power Plant estimates had been considered.

Mr. HARRISON. We only had that price of $4.82 per ton before the strike. When we came to make up the estimate, the new price was not in effect.

Mr. LUDLOW. The coal strike resulted in an increase of the price. Mr. HARRISON. Yes, sir.

Mr. SNYDER. Do you take bids?

Mr. LYNN. Under the provisions of existing law, coal for the Capitol Power Plant is contracted for each year by the Procurement Division of the Treasury Department (Government Fuel Yards). As previously stated, bids are received by that Department in April or May each year, and the fuel is contracted for with a provision in the contract allowing for changes in wage and freight rates.

Mr. JOHNSON of West Virginia. I think you could save a whole lot of fuel if you would continue to do what you are now doing in the way of turning out the lights in the halls. There is no necessity for those lights at this time. Do you take that into consideration in estimating your fuel needs? It may be a question of whether you need this money, or not.

Mr. LYNN. I cannot tell just how much would be saved in dollars and cents by turning out the lights, but there would be some saving. Mr. JOHNSON of West Virginia. We have a policy of economy now, and we are especially criticized up here on the Hill for getting some of the necessities of life even. It occurs to me if you had the system of going over the buildings every 30 days to see where lights could be turned off you could have a lot in coal and power.

Mr. LYNN. Beginning last fall we did turn out a great many of them.

Mr. JOHNSON of West Virginia. Look at the lights right here in this committee room. We could get along with half of them. I think you had better look around and see if you cannot get some economy in the matter of lighting up here on the Hill.

Mr. WIGGLESWORTH. You say that you used approximately $294,000 for 912 months: Did that include both heating and lighting expense? Mr. LYNN. Yes, sir.

Mr. WIGGLESWORTH. Why should you need 24,000 tons for 312 months, including April, May, and June, or some of the hot months of the year?

Mr. HARRISON. Our refrigerating plant will start operation within

the next 3 or 4 weeks.

Mr. WIGGLESWORTH. How does that compare with the heat load? Mr. HARRISON. The refrigeration load is heavier during certain months than the winter heat load.

Mr. WIGGLESWORTH. The summer demand is heavier than the winter demand?

Mr. HARRISON. It is heavier during certain months of the summer than in the wintertime.

DEPOSITORY FOR HOUSE AND SENATE DOCUMENTS

The CHAIRMAN. You have another item here in which you are asking for some additional language to enable the Architect of the Capitol to prepare some space as a depository for valuable documents. What is the need of this language?

Mr. LYNN. As stated in my letter of March 13, 1942, to this committee:

The consideration of your committee is respectfully requested for inclusion of the following amendatory legislation in the pending deficiency bill:

"The appropriation of $25,000 contained in the Third Supplemental National Defense Appropriation Act, 1942, approved December 17, 1941, to enable the Architect of the Capitol to prepare suitable space directly beneath the crypt in the central portion of the Capitol Building as a depository for the valued documents of the two Houses of Congress since the organization of the Government, is hereby made available to enable the Architect of the Capitol to also provide suitable space for the same purposes in the Annex, Library of Congress."

The space beneath the crypt in the Capitol is not sufficient to house all the valued documents of both the House and Senate, desired to be placed therein, and as the House documents are now housed in the main Library of Congress Building, it is proposed to use the space beneath the crypt of the Capitol as a depository for the Senate documents and space in the annex, Library of Congress, affording greater protection than in the main library building, as the depository for the House documents.

In order that this may be accomplished, it is requested that the necessary amendatory legislation, herein suggested, be approved.

The CHAIRMAN. How much of this $25,000 do you propose to use for House documents and how much for Senate documents?

Mr. LYNN. I have a statement here covering that.

Mr. O'NEAL. A very short time ago I was down at the Archives Building, which is a very unique building, and they stated to me that the Archives Building was almost a bombproof shelter. They stated that they had quite a bit of room there available for such purposes as this, and I presume there would not be any cost involved in acquiring the space. The documents would have better protection than they would have over here, and it seems to me that it would certainly save a lot of money. I would like to ask if you would mind inquiring about that.

Mr. LYNN. As I understand it, the Senate does have some documents in the Archives Building, but the House of Representatives prefers keeping the House documents in the Library of Congress.

Mr. O'NEAL. The Library of Congress was asking money in order to carry some of their own material 'out somewhere where it would be better protected. They have asked an appropriation with which to remove some of their own material, and you are proposing to place other material over there.

Mr. JOHNSON of West Virginia. Is this a national defense item? The CHAIRMAN. I suggest that we let Mr. Lynn answer Mr. O'Neal's question.

Mr. LYNN. It is my recollection that the House authorities wanted their documents to be moved to the main Library of Congress Building, and they were moved there.

Mr. O'NEAL. They are moving material from the Library of Congress Building elsewhere for better protection. They are moving it because it is not supposed to be safe over there. Now, in view of that, why should we move these House documents into the Library of Congress Building while they are moving their stuff out?

Mr. LYNN. I am presenting the matter to the committee because I have been requested to do so.

Mr. O'NEAL. What is the logic of it?

Mr. LYNN. The files of the House have from time to time been transferred to the main Library Building, where they are now on deposit. As, under existing conditions, they are not considered safe there, we propose to transfer them to space to be suitably prepared in the Library Annex, which would be one of the best places that can be found for the preservation of documents.

Mr. O'NEAL. Why has not the Librarian made use of that space that you have prepared in the Library Annex, instead of moving material from the Library somewhere else?

Mr. LYNN. I do not know.

Mr. O'NEAL. According to the information given me at the Archives Building, they have quite a lot of available space, which would bę much more safe for the storage of documents than this space in the Library Annex. Now, you are presenting this request for space up here on the Hill, and I suggest that you refer it back to them and have some inquiry made along that line. This does not seem logical

to me.

The CHAIRMAN. How much would it cost to prepare this space? Mr. LYNN. I have a short statement I would like to make about that.

The CHAIRMAN. You may proceed.

Mr. LYNN. The proposed amendatory legislation will make it possible to provide storage space for valued documents of the House of Representatives in the Library Annex, instead of in the space beneath the Capitol crypt designated in the act of December 17, 1941. These documents are now stored on open shelving in the main Library of Congress Building. The space which is contemplated to be used for the House documents is located beneath the book stacks in the Annex Building, and is now unimproved. This space is surrounded by a series of heavy concrete walls, and should provide safe storage to a high degree. Under the original legislation, it was proposed to provide a suitable depository in the space beneath the crypt for the valued documents of the two Houses of Congress. However, it was found that this space was not sufficient for the storage of the documents of both Houses. It is, in fact, only sufficient for the Senate documents. A contract has already been awarded in the amount of $5,523 for the installation of necessary steel and brickwork in the space beneath the crypt in the Capitol as a depository for the Senate documents. In addition, it is estimated that there will be a cost of approximately $600 for dismantling, moving, and reassembling the steel book shelving and contents-40,000 volumes. There will also be other incidental expenses for such items as air conditioning.

Officials who are responsible for the care of the documents of the House of Representatives expressed a desire that they be stored in the Annex Building if suitable space could be made available, which would be accessible at all times. It is estimated that the cost of providing a depository in the Library Annex for the House documents will be approximately $7,500. Since the files of the House of Representatives are accumulating rapidly, it is thought that it may be desirable to increase the size of the depository to allow for expan

sion, The work of dismantling, moving, and reassembling the steel book shelving for these documents would be done by the regular force of mechanics and laborers of the Library.

The CHAIRMAN. May I suggest that for the benefit of the committee you make four inquiries: First, whether or not, there is space available for this purpose in the Archives Building; second, whether there would be involved any cost for the preparation of such space for the documents; third, ascertain what would be the cost of preparing space in the Library Annex, and ascertain why it would not be just as acceptable to the authorities in charge of these documents to put them in the National Archives Building as in the Library of Congress; and, fourth, why, if there is space in the annex, the Librarian of Congress has asked for funds to prepare space elsewhere for his own records. I suggest that you report back to the committee at as early a date as possible.

Mr. LYNN. I can report back by Wednesday, relative to the House documents.

(NOTE. For response to the foregoing, see p. 7.)

The CHAIRMAN. That is what you need this for.

Mr. LYNN. Yes, sir; as we have already let the contract for the Senate space.

Mr. O'NEAL. Do you think that this space in the crypt is suitable space in which to store documents for 4 or 5 years?

Mr. LYNN. This space is beneath the crypt.

Mr. O'NEAL. Experts in the preservation of old papers take into consideration the moisture content of the atmosphere. Have any studies been made of the moisture conditions down there?

Mr. LYNN. We propose to extend our present air-conditioning system to supply conditioned air for that space.

Mr. O'NEAL. Do you consider that a desirable space in which to store old papers?

Mr. LYNN. It will be properly ventilated and air-conditioned.

Mr. O'NEAL. Do you feel that, from the scientific standpoint, that would be a good place to store valuable documents for a period of, perhaps, 5 or 6 years?

Mr. LYNN. The temperature and humidity will be adequate for the preservation of the documents.

Mr. O'NEAL. Do you believe that would be a scientific way in which to store them?

Mr. LYNN. The important thing is to maintain proper temperature and moisture conditions; and that will be done.

Mr. O'NEAL. But you do not have time to watch the gage as they do down here in the Archives Building.

Mr. LUDLOW. You said that the authorities of the House requested that this provision be made for the documents: What authorities do you refer to?

Mr. LYNN. The Clerk of the House.

Mr. LUDLOW. It is his responsibility?

Mr. LYNN. Yes, sir.

The CHAIRMAN. If there is nothing further, we thank you for your statement.

MARCH 18, 1942.

INFORMATION REQUESTED BY THE CHAIRMAN, HOUSE COMMITTEE ON APPROPRIATIONS

TRANSCRIPT OF HEARINGS, MARCH 16, 1942, ON DEFICIENCY BILL

The CHAIRMAN. May I suggest that for the benefit of the committee you make four inquiries:

1. Whether or not there is space available for this purpose in the Archives Building.

Answer. The Archivist advises that space for the House documents is available in the National Archives Building.

2. Whether there would be involved any cost for the preparation of such space for the documents.

Answer. The Archivist advises that there would be no cost involved.

3. Ascertain what would be the cost of preparing space in the Library Annex, and ascertain why it would not be just as acceptable to the authorities in charge of these documents to put them in the National Archives Building as in the Library of Congress.

Answer. Cost of preparing space is estimated at $7,500. With reference to the remainder of this question, the attached letter, dated March 18, 1942, has been received from the Clerk of the House of Representatives.

4. Why, if there is space in the annex, the Librarian of Congress has asked for funds to prepare space elsewhere for his own records.

Answer. With reference to this question, the attached letter, dated March 17, 1942, has been received from the Chief Assistant Librarian.

OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES,
Washington, D. C., March 18, 1942. .

The Honorable DAVID LYNN,

Architect of the Capitol.

SIR: Thank you for the steps which you tave taken thus far, at my request, to locate and prepare a depository for the valuable historical papers of the House of Representatives which will meet with the expressed will of the House of Representatives requiring their deposit in the Library of Congress.

I have for answer the following question which has been propounded by the Committee on Appropriations with reference to the proposed item on this subject now pending before the deficiency subcommittee:

"Ascertain why it would not be just as acceptable to the authorities in charge of these documents to put them in the Archives as in the Library Annex." While the Clerk of the House of Representatives is the custodian of the files of the House and is required to preserve them in convenient order for immediate production whenever the business of the House requires, he has no authority over them that would allow him to provide for their removal beyond his reach, without the consent of the House being first obtained. The House, by its unbroken practice, has unqualified jurisdiction over the files, and does not even permit the Clerk to respond to a subpena duces tecum of a court, without its expressed consent. By law and resolutions of the House the Clerk of the House is directed to transfer the files to the Library of Congress. As late as the Seventy-fifth Congress the House refused to adopt a resolution (H. Res. 2221) which provided for the transfer of the files to the National Archives. This resolution was recommitted to the Committee on the Library, and no subsequent action has been taken thereon.

The files of the House on deposit at the Library of Congress are constructively in possession of the House of Representatives. In providing for their transfer to the Library the House required that they remain under the actual control of the Clerk of the House, subject to its rules relative thereto.

The Clerk, therefore, feels that he is carrying out the expressed will of the House in making plans to prepare a safe depository for the files of the House of Representatives within the confines of the Library of Congress. The Clerk has been advised that the proposed location in the Library of Congress Annex will

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