1935 CONGRESSIONAL RECORD-SENATE The next amendment was, on page 2, line 10, after the word "or", to strike out the words " supplements thereto and to insert in lieu thereof the words "any supplement to any of them ", so as to make the clause read: All substances and preparations recognized in the United States Pharmacopoela, Homeopathic Pharmacopoela of the United States, or National Formulary, or any supplement to any of them. The PRESIDENT pro tempore. Without objection, the amendment is agreed to. The next amendment was, on page 2, line 12, after the word "the", to insert the word "diagnosis" and a comma, so as to make the clause read: All substances, preparations, and devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. Mr. CLARK. Mr. President, I should like to ask the Senator from New York how he can reconcile the language of this section and the language of the amendment with the common, ordinary acceptation of the English language. In other words, here he says it is proper to describe as a drug all substances, preparations, and devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals." In other words, if a man has invented a shoulder brace, a purely mechanical device, which he claims will straighten a man's shoulders and expand his chest and make for his health, according to the definition contained in this paragraph it has to be described as a drug and treated in law as a drug. I should like to ask the Senator from New York to justify any such misuse of common, ordinary English terms. 4841 The PRESIDENT pro tempore. The amendment was declared lost and therefore the amendment is not now before the Senate. Does the Senator from New York desire to move a reconsideration of the vote by which the amendment was rejected? Mr. LOGAN. Mr. President, a parliamentary inquiry. The PRESIDENT pro tempore. The Senator will state it. Mr. LOGAN. What amendment is it that was rejected? The PRESIDENT pro tempore. The clerk will state the amendment for the information of the Senator from Kentucky. The CHIEF CLERK. The amendment was, on page 2, line 12, after the word "the", to insert the word "diagnosis " and a comma, so as to make the clause read: All substances, preparations, and devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. Mr. LOGAN. Then, as I understand, the amendment we rejected was not the part of the bill using the word “devices." That is not the amendment at all which we rejected, but the amendment which we rejected was to insert the word diagnosis." Mr. CLARK. The Senator is correct. The question was on the rejection of the amendment in line 12, page 2, inserting the word "diagnosis." Under the agreement heretofore entered into by the Senate it is necessary to consider committee amendments first. Therefore, it is not now in order to move to strike out something already in the bill. The amendment which was rejected was for the purpose of extending the scope applied by the word "devices." I am opposed to extending the scope applied to the word "devices", and at the proper time I shall move to strike out the word "devices." That seems to me the logical thing to do. Mr. COPELAND. I have no objection to the Senator doing that at the proper time, but this language relates wholly to the extension of the amendment to include the word diagnosis." " Mr. CLARK. That is true; but if we keep the word devices" in the bill I am opposed to extending its application, as the Senator from New York probably is. Mr. COPELAND. The Senator from New York would have no objection to the proposal about the particular devices mentioned by the Senator. But there are on the market a great many devices which are offered for use, and citizens are exploited, believing that they can be cured of all sorts of ailments by the use of them. For example, there is such a thing as a radium belt carrying a disk alleged to contain radium; it is claimed that if the Senator from Missouri should wear that belt he would never have appendicitis or gall-bladder disease or perhaps any other ailment. Mr. CLARK. The language the Senator from New York has employed in the bill is broad enough to cover any device of which the Food and Drug Bureau of the Agricultural ing to the motion of the Senator from Florida. [Putting Department chooses to take jurisdiction. The point I am making is that if the devices ought to be outlawed, they ought to be outlawed, and I have no objection to that; but to maintain that a purely mechanical device is a drug and to be treated as a drug in law and in logic and in lexicography is a palpable absurdity, in my opinion. The PRESIDENT pro tempore. The question is on agreeing to the amendment of the committee. [Putting the question.] The noes have it, and the amendment is rejected. Mr. COPELAND. Just a moment! I am perfectly willing to have Senators go to the fundamentals of the bill and to make any just criticisms which may be passed upon the language employed; but if we are now to have every word in the bill attacked, I think it is calamitous and captious. Mr. CLARK. Speaking for myself alone, I have no disposition to attack every word in the bill; but we are legislating on a very important matter. As I see it, what the Senator from New York is doing in this particular case is the same thing as if the Congress of the United States should attempt to say by law that calling a sheep's tail a leg would make it a leg. In other words, the Senator from New York in this language is attempting to define a wholly mechanical device as a drug. I say it is bad legislation; that if he desires to legislate against these mechanical devices he ought to do it in the open instead of by indirection and attempting to define as a drug something which palpably is not a drug. Mr. COPELAND. The matter before us relates to the use of such devices in diagnosis of disease. The question of whether the word "devices" shall be used is not now under consideration. LXXIX- -306 Mr. FLETCHER. I move to reconsider the vote by which the committee amendment was rejected. The PRESIDENT pro tempore. The question is on agree the question.] The "ayes" seem to have it. Mr. CLARK. I ask for the yeas and nays. The yeas and nays were ordered, and the legislative clerk proceeded to call the roll. During the roll call, Mr. ROBINSON. Mr. President, we cannot hear the responses. We can not hear anything. The PRESIDENT pro tempore. The Senator from Arkansas makes the point of order that there is disorder in the Chamber, and that the clerk cannot hear the answers to the roll call. Senators will please preserve order. The roll call was concluded. Mr. BULKLEY. I have a general pair with the senior Senator from Wyoming [Mr. CAREY), who is necessarily absent. Not knowing how he would vote on this question, I withhold my vote. Mr. METCALF. I inquire if the Senator from Maryland [Mr. TYDINGS] has voted? The PRESIDENT pro tempore. That Senator has not voted. Mr. METCALF. Having a general pair with the Senator from Maryland, and not knowing how he would vote if present, I withhold my vote. Mr. LOGAN (after having voted in the affirmative). I have a general pair with the Senator from Pennsylvania [Mr. DAVIS). I transfer that pair to the Senator from South Carolina (Mr. SMITH), who is nccessarily detained from the Senate, and will allow my vote to stand. Mr. McADOO. I have a general pair with the Senator am informed that if present, from Vermont (Mr. GIBSON]. he would vote as I intend to vote. I therefore vote "yea." 4812 CONGRESSIONAL RECORD SENATE Mr. ROBINSON. I desire to announce that the Senator from Washington [Mr. BONE), the Senator from Illinois [Mr. Lewis), the Senator from Nevada [Mr. MCCARRAN), the Senator from Wisconsin [Mr. DuFFY], the Senator from Idaho (Mr. POPE), the Senator from Maryland [Mr. TYDINGS), and the Senator from Montana [Mr. WHEELER] are necessarily detained from the Senate. I wish further to announce that my colleague [Mrs. CARAWAY] and the Senator from Louisiana [Mr. OVERTON] are detained on account of illness. APRIL 2 That is what the amendment is designed to deal with. It Mr. CLARK. Such a device as the Senator has described should be outlawed; but it should be outlawed in terms which accurately describe it. Does the Scnator contend that an alleged electrical device on which a man hangs by his hands, and on which a needle goes around to a certain point, is a drug? Mr. COPELAND. Mr. President, at the proper time the The Senator from Illinois [Mr. Lewis] with the Senator Senator from Missouri may offer an amendment dealing with this subject. I desire further to announce the following general pairs: The Senator from Nevada [Mr. MCCARRAN] with the Senator from New Hampshire [Mr. KEYES]; and from Minnesota [Mr. SCHALL). I am not advised how any of these Senators would vote. if present. Mr. CLARK. I ask the Senator, Is that a drug? Mr. AUSTIN. The Senator from Pennsylvania [Mr. the bill, such devices are drugs. DAVIS] is absent on account of illness. The Senator from Wyoming [Mr. CAREY] is absent on official business. The Senator from Vermont [Mr. GIBSON] is necessarily detained. If present, he would vote "yea." The Senator from Minnesota [Mr. SCHALL] is absent on account of death in his family. The Senator from New Hampshire [Mr. KEYES] is unavoidably absent. I am not advised how he would vote on this question if present. Mr. McNARY. I desire again to announce that the Senator from California [Mr. JOHNSON] is absent because of illness. The result was announced-yeas 46, nays 29, as follows: So the motion to reconsider was agreed to. The PRESIDENT pro tempore. The question recurs on the amendment of the committee. Mr. CLARK. Mr. President, for the benefit of Senators who were not in the Chamber when this amendment was discussed a little while ago I should like briefly to summarize the effect of the amendment. The effect of the amendment is to declare by Tederal law the scales used by a physician to test the weight of patients in connection with a diagnosis to be a drug and make the scales subject to the jurisdiction of the Food and Drug Administration of the Agricultural Department. Mr. CLARK. Why does it have to be? Why cannot this bill outlaw the thing itself, instead of calling it a drug and then outlawing it? Mr. COPELAND. Let the Senator from Missouri at the proper time bring in an amendment to the whole clause. I know he is opposed to any classification of a device as a drug; but it is so classified as a drug "for the purposes of the act", in order that it may be so rated and dealt with for the protection of society. Mr. CLARK. Mr. President Mr. COPELAND. Mr. President, I am not going to continue the discussion. It is absurd and wicked to exploit the public by the sale of devices which are alleged, among other absurd claims, to have the power to make a diagnosis of disease; and that is the question before us. Later, when the Senator from Missouri brings in an amendment regarding the whole question of devices, we may consider that amendment on its merits; but certainly no Senator desires to have a man paying $5 for the privilege of putting his hands on a device and seeing the needle swing around, allegedly indicating that he has disease of the gall bladder. To prevent such an absurdity is what this amendment is intended to do. Mr. BARKLEY. Mr. President, will the Senator yield? Mr. BARKLEY. If I understand correctly, what we are Mr. BORAH. Mr. President, I rise to a point of order. The PRESIDENT pro tempore. The Senator from Idaho will state the point of order. Mr. BORAH. The point of order is that there is not order in the Chamber. We literally cannot hear what is going on over on the other side of the Chamber, by reason of the noise in other parts of the Chamber. The PRESIDENT pro tempore. The point of order is well taken. The Chair time and again has requested Senators to preserve order. Mr. BORAH. The point of order is well taken, but it has not yet been carried out. Mr. ROBINSON. Mr. President, I suggest that the Sergeant at Arms be summoned to the Senate Chamber and that he be directed to preserve order in the Chamber. It is an abuse of privilege for Senators to insist on carrying on conversations on the floor to the confusion of those who are trying to carry on the proceedings of the Senate. The PRESIDENT pro tempore. Does the Senator move that the Chair call the Sergeant at Arms to enforce order Mr. COPELAND. Mr. President, I desire to state the in the Chamber? effect of this amendment. There are on the market certain electrical devices. A man takes hold of the handles of the machine, and the indicator spins around. It stops at "appendicitis", or it stops at "meningitis ", or it stops somewhere else, indicating that the procedure diagnoses the ailment. Such a device is manifestly a fraud upon society. Mr. ROBINSON. I make that motion. The PRESIDENT pro tempore. The question is on the motion of the Senator from Arkansas. The motion was agreed to. The PRESIDENT pro tempore. The Sergeant at Arms is instructed by the Chair to carry out the motion of the Scnator from Arkansas. 1935 CONGRESSIONAL RECORD SENATE Mr. ROBINSON. Mr. President, I suggest that the Sergeant at Arms be instructed by the Chair to approach those who are responsible for the disorder and instruct them that they must retire from the Chamber, and, if they fail to do so, bring them before the Chair for proper proceedings. The PRESIDENT pro tempore. The Chair requests the Sergeant at Arms to appear in the Senate. Mr. LONG. Mr. President, I think we are being a little bit too severe on our recalcitrant Members. I think that is a little severe. I would rather forgive them and trust them to behave themselves from now on. The PRESIDENT pro tempore. The Chair requests the Sergeant at Arms to appear in the Senate Chamber. Mr. ROBINSON. Mr. President, it is all right to be humorous about these things, but those of us who are serious and wish to carry on business ought to have the right and the opportunity to do so. I insist that the Sergeant at Arms be in attendance. The PRESIDENT pro tempore. The proceedings will suspend until the Sergeant at Arms appears in the Senate. [After a pause.] Mr. ROBINSON. 4843 one medical purpose or another, should be in the bill, is another matter. I understand that the use of the word “diagnosis " proceeds on the theory that before one begins to cure or treat anybody he ought to find out what is the matter with him. Mr. CLARK. But the amendment would add an entirely new class to the list of drugs. In other words, a scale would not be a drug without this amendment, but by the adoption of the amendment a scale would automatically be made a drug by act of Congress. 44 Mr. BARKLEY. There are many scales which are drugs on the market so far as they report anything reliable with reference to the weight of man or beast. But I do not see any objection to the use of the word diagnosis" in this connection, even though it might be desirable to strike out the word "devices" as including things other than actual drugs. Mr. CLARK. I am opposed to enacting an absurdity. It is absurd to declared a device a drug to begin with, and it is still more absurd to declare such a device as a scale a drug. Mr. BARKLEY. If the word "devices" is to be used with Is there a Deputy Sergeant at Arms reference to the treatment of people, or the mitigation of who might be availed of? The PRESIDENT pro tempore. The Chair will ask whether there is a Deputy Sergeant at Arms who might be available. Mr. NEELY. Mr. President, I move that a committee of three be appointed to search for the Sergeant at Arms. [Laughter.] Mr. BARKLEY. A parliamentary inquiry. The PRESIDENT pro tempore. The Senator will state it. Mr. BARKLEY. Do I still have the floor? their diseases, or the cure of people of whatever diseases they have, it ought not to be outlawed insofar as it may assist in the ascertainment of a disease of which one ought to be cured. Mr. CLARK In other words, the Senator's argument amounts to this, that if a man testified that a horse was 17 feet high instead of 17 hands high, he ought then to increase it and say, "I meant 25 feet." Mr. BARKLEY. I do not think that is a fair assumption at all, because that old adage about a man saying that a The PRESIDENT pro tempore. The Senator from Ken- horse is 17 feet high and saying that he sticks to his story tucky has the floor. has no application here, it seems to me. Mr. BARKLEY. What can I do with it? [Laughter.] The PRESIDENT pro tempore. The Senator has had great experience in that matter. The Chair is not called on to reply. After a pause.] Mr. ROBINSON. Mr. President, as the Sergeant at Arms does not seem to be present, I suggest that the Senate proceed with its deliberations. The PRESIDENT pro tempore. Without objection, it is so ordered. The Senator from Kentucky has the floor. Mr. BARKLEY. Mr. President, I wanted to inquire further of the Senator from New York. If I understand the status of the amendment now under consideration, it does not involve the use of the word "devices" on line 11 at all. Mr. COPELAND. It does not. Mr. BARKLEY. The word "devices" is already there, as they may be intended to be used in the cure, mitigation, treatment, or prevention of disease, and the word "diagnosis " " merely adds to their uses, namely, their use in looking into a situation prior to the time when the cure or mitigation shall begin? Mr. COPELAND. That is right. Mr. CLARK. Mr. President, will the Senator from Kentucky yield to me? Mr. BARKLEY. I yield. Mr. CLARK. Under subsection (2) of subdivision (b) of the bill, on page 2, as it now stands, it is proposed to declare by law that all substances, preparations, and devices intended for use in the cure, mitigation, treatment, or prevention of disease in man or other animals ", shall be declared drugs. The effect of the proposed amendment is as I stated a moment ago. Under the language of the bill as it stands, Congress would declare that all devices used for the cure, mitigation, treatment, or prevention of disease in man or other animals would be considered drugs, but it would not declare that such a thing as an ordinary set of scales, used for weighing a patient as a preliminary to a diagnosis, was a drug. The effect of the amendment would add scales and other devices used only in a diagnosis to the classification of drugs. Mr. BARKLEY. As I understand, whether any of these devices, so far as they cover mechanical means set up for Mr. CLARK sticking to it. Mr. BARKLEY. If we are to include "devices" at all as drugs for the cure of people, or for the mitigation of their diseases, or for the treatment of their diseases, if a device is a drug, which it may or may not be there are some devices which are drugs; there may be others purely mechanical in character, which may not be drugs, as we understand that term-if they are to be used at all, it seems to me they ought to be used as much for finding out what is the matter with a patient as for treatment. This is simply an extension, instead of Mr. CLARK. Does the Senator have any doubt that under the committee amendment as proposed an ordinary set of scales would be considered a drug, if the Bureau of Food and Drugs of the Department of Agriculture chose to hold it to be so? Mr. BARKLEY. I do not know about an ordinary pair of scales or other device for ascertaining how much a man weighs. Mr. CLARK. For use in making a diagnosis. Mr. BARKLEY. Getting on a pair of scales and finding out what one weighs does not necessarily reveal anything with reference to disease. It may be that by the insertion of the word "diagnosis" we will protect many people from any treatment at all, or any cure, because the diagnosis may disclose that there is nothing the matter with them. Mr. CLARK I should like to state to the Senator from Kentucky, in regard to what the Senator from New York has said, that, so far as I am concerned, I am entirely in sympathy with providing by law against the use of such devices as the Senator from New York has described. It is no argument in favor of such language as this, such misuse of the English language, to say that these devices ought to be outlawed and the public protected against them. Mr. BARKLEY. I am not concerned so much about the use of devices, but I should like to have a diagnosis before I am cheated. Mr. COPELAND. Mr. President, frankly, this language was embarrassing to the committee, to those who originally framed the bill and have worked on it all these months. It was recommended in some of the hearings that we should have a special and separate provision in the act to protect 4814 CONGRESSIONAL RECORD SENATE against these evils. But, by and large, the testimony of the APRIL 2 Truman Van Nuys Murphy McKellar Neely Schwellenbach Sheppard Shipstead Nye Steiwer Walsh Maloney White Metcalf Pittman Thomas, Utah Townsend Trammell The PRESIDENT pro tempore. The Senator from Arkansas has suggested that there is disorder in the galleries. The Chair is of that opinion, and the Chair has observed that the visitors who are constantly being brought in by the guides of the Capitol are causing most of the disturbing answered to their names, a quorum is present. ance. Order must be preserved in the galleries, and conversation in the galleries must cease or the Chair will be compelled to order that the public galleries be closed. Mr. McNARY. The Senator from California [Mr. JoHNSON) is absent on account of illness. The PRESIDENT pro tempore. Eighty-one Senators hav So far as the floor of the Chamber is concerned, the present occupant of the Chair knows that every Senator is familiar with the rule of the Senate regarding conversation and noise in the Chamber, and the Chair is satisfied that, on reflection, the point of order made by the Senator from Arkansas will be respected. Mr. COPELAND. Mr. President, we are glad to have our visitors; we welcome them here. But we have before us a bill in which the Senate appears to be interested, and it is right that we should be permitted to hear each other across the Chamber. It is not easy to speak so as to be heard in the Senate anyway, but if our guests will bear in mind that it will facilitate work here if they shall cease conversation, I am sure all of us will be happier. Mr. President, I want to say now that in the various hearings we had, the section of the bill now under discussion was given thorough study. The PRESIDENT pro tempore. The public galleries will be cleared. That order does not apply to the private galleries nor to the press galleries. The public galleries will be cleared, and the doorkeepers and the guides will assemble later on in the day in the office of the Sergeant at Arms for a discussion of this matter. The Senate will suspend while that order is carried out. (The doorkeepers proceeded to clear the public galleries.) While the galleries were being cleared, Mr. COPELAND. Mr. President, before the recess we were discussing page 2 of the bill, specifically the insertion whole of the subsection, subsection (b). In our committee of the word "diagnosis", on line 12, but in general the hearings we had before us witnesses who made the same suggestion which has been made here by the Senator from Missouri [Mr. CLARK]; it seemed more or less absurd to include in a food and drug bill various "devices" which were intended for use in the cure and treatment of disease. Those matters were considered at length in the public hearings, and it was the consensus that there was no better way than to include in this subparagraph these various devices. If Senators will read the first line of subparagraph (b)that is, line 5 of page 2 of the bill-it will be seen that it says The term "drug "— And the word "drug" is put in quotation marks for the purposes of this act Shall be so-and-so. Because of the consensus of the evidence it was deemed wise to leave this subsection as written. The immediate question before us does not relate to the including in the prohibition against devices the word whole subsection. It relates merely to the one matter of Mr. President, I practiced medicine for a great many years, and at no time did I regard the scales as a means of The PRESIDENT pro tempore. The doorkeepers will diagnosis. I doubt if any reputable physician would so carry out the order of the Chair and clear the public gal-regard them. The sole purpose of including the word leries, and then close the public galleries. That order does not apply to the private galleries. The effort of the Chair is to get order by preventing the guides from bringing in one contingent after another, and talking to the visitors while they are in the galleries. Mr. FRAZIER. Mr. President, a parliamentary inquiry. The PRESIDENT pro tempore. The Senator will state it. Mr. FRAZIER. Some of the doorkeepers seem to think the order of the Chair includes the card galleries. As I understand, the order does not include the card galleries. The PRESIDENT pro tempore. It does not include the card galleries. The order is to clear the public galleries, into and out of which guides are constantly conducting transient visitors. However, unless there is order in the card galleries, those galleries also will be evacuated and the doors closed. (The public galleries were cleared.) The PRESIDENT pro tempore. The Senate will proceed to the consideration of the amendment of the committee. The Senator from New York [Mr. COPELAND] has the floor. Mr. COPELAND. We seem to have cleared not only the galleries but the Senate as well. I suggest the absence of a quorum. The PRESIDENT pro tempore. The clerk will call the roll. The Chief Clerk called the roll, and the following Senators answered to their names: diagnosis" in this subsection was to prohibit the use of devices which are fraudulent on their face, which are used by "traveling doctors" and other so-called "doctors" in their offices, devices which are humbugs, such as the one I have just described, where the patient takes hold of the handle of the machine, then an electric current causes the needle to spin around. Around the dial is marked almost every disease from asthma to zymosis, and when the indicator stops at "liver disease" the diagnosis has been made. Mr. ROBINSON. Mr. President, may I ask the Senator a question? Mr. COPELAND. Mr. ROBINSON. "liver disease "? Certainly. What causes the indicator to stop at Mr. COPELAND. The mechanical device may be so con trived that it is a good deal like a gambling device, when Without questioning at all the proposal that devices ought not to be included here, there can be no difference of opinion in the Senate that a machine so fraudulent in its intention when it is used the man who profits from it ought to be brought under the ban of the law. The question is, Does the Senate desire to have continued the use of these humbugs or does the Senate not desire to do so? I have stated the purpose of the amendment. Mr. CLARK. Mr. President, in response to what the Senator from New York has said, let me say I have no desire to continue the use of such devices; I have no objection to the Senator defining them in this bill as humbugs. which he has been calling them, and I have no objection to, in fact I would be strongly in favor, of denouncing them as a crime. My objection goes to putting the Congress of the United States in the ridiculous, absurd, and asinine position of defining a purely mechanical device as a "drug.” 1935 CONGRESSIONAL RECORD-SENATE My objection to this particular amendment is to taking in the bill that ridiculous position and embodying in it such a definition. The PRESIDENT pro tempore. The question is on agreeing to the amendment reported by the committee. [Putting the question.] By the sound, the "ayes" seem to have it. Mr. CLARK. I ask for the yeas and nays. The yeas and nays were ordered, and the legislative clerk called the roll. Mr. BULKLEY. I again announce my general pair with the senior senator from Wyoming [Mr. CAREY). Not knowing how he would vote, I withhold my vote. Mr. AUSTIN. I wish to announce that the Senator from Maine [Mr. HALE] and the Senator from Delaware (Mr. TOWNSEND] are detained on business of the Senate. Mr. ROBINSON. I announce that my colleague the junior Senator from Arkansas [Mrs. CARAWAY] and the Senator from Louisiana [Mr. OVERTON] are absent because of illness, and that the Senator from Alabama [Mr. BANKHEAD], the Senator from Washington [Mr. BONE), the Senator from Alabama [Mr. BLACK], the Senator from Idaho [Mr. POPE), the Senator from South Carolina [Mr. SMITH), the Senator from 4845 Thomas, Utah Townsend Tydings So the amendment was agreed to. The PRESIDENT pro tempore. The clerk will state the next amendment reported by the committee. The LEGISLATIVE CLERK. On page 2, line 14, after the word food", it is proposed to insert "and cosmetics", so as to make the clause read: And (3) ell substances, preparations, and devices, other than food and cosmetics, intended to affect the structure or any function of the body. The amendment was agreed to. The next amendment was, on page 2, line 18, after the word "preparations", to insert the words "except ordinary toilet and household soap", so as to make the paragraph read: (c) The term "cosmetic" includes all substances and preparations, except ordinary toilet and household soap. intended for cleansing, or altering the appearance of, or promoting the attractiveness of, the person. Mr. COPELAND. Mr. President, may I say a word about the amendment? It is not the intention of the bill to in clude, within the definition either of cosmetics or drugs, soaps which are intended and primarily used for ordinary toilet and household purposes. So far as soaps are con Tennessee [Mr. BACHMAN), the Senator from Virginia [Mr. BYRD), the Senator from Ohio [Mr. DONAHEY], the Senator from Illinois [Mr. Lewis], the Senator from Louisiana [Mr. LONG), the Senator from California [Mr. McADOO], the Sen-cerned the bill is meant to deal only with special soaps which ator from Nevada [Mr. MCCARRAN], the Senator from New Jersey [Mr. MOORE], the Senator from Utah [Mr. THOMAS], and the Senator from Maryland [Mr. TYDINGS] are necessarily detained from the Senate. are intended and primarily used in the treatment of disease or beautifying the person in the sense that cosmetics are used. Further, the committee would like to add, after the word "soap" in this amendment, in line 18, the words" and house I desire further to announce the following general pairs: I am not advised how any of these Senators would vote if present. Mr. LOGAN (after having voted in the affirmative). I transfer my general pair with the Senator from Pennsylvania [Mr. DAVIS] to the Senator from South Carolina [Mr. SMITH), and allow my vote to stand. Mr. McKELLAR (after having voted in the negative). I have a general pair with the Senator from Delaware [Mr. TOWNSEND). Not knowing how he would vote, I transfer that pair to the Senator from Washington [Mr. BONE), and let my vote stand. Mr. AUSTIN. I wish to announce that my colleague, the junior Senator from Verniont [Mr. GIBSON], is necessarily absent. If present, he would vote yea." I repeat the announcement made on the previous vote with regard to the Senator from Pennsylvania [Mr. DAVIS], the Senator from Wyoming [Mr. CAREY), the Senator from New Hampshire [Mr. KEYES), and the Senator from Minnesota [Mr. SCHALL]. Mr. McNARY. The Senator from California [Mr. JOHNSON] is absent on account of illness. The result was announced-yeas 45, nays 22, as follows: Mr. KING. Mr. President, how is one to determine, when he goes to a drug store and asks for soap, whether it is ordinary toilet soap or is of an extraordinary character? Is there any line of differentiation known to the public and which would protect the purchaser in the event he happened to make a mistake and got that character of soap which would come within the definition of "cosmetic "? Mr. COPELAND. I do not think the purchaser will be involved at all. Mr. KING. But the vendor would. Mr. COPELAND. If the vendor sold a soap which was alleged to cure eczema or acne or some other disease of the skin, that would not be ordinary household soap. That would be a medicinal soap and would be dealt with as a drug. Mr. KING. If it should be included as a drug, what pains and penalties would there be for the manufacture or selling of the article, or what limitations would be imposed upon the manufacturer or upon the vendor? Mr. COPELAND. The manufacturer would be required to state frankly upon the label that it was intended to do so-and-so. Then he would run the gantlet of the administrators of the measure. If his statement is truthful, and supported by substantial scientific or medical opinion, he would be permitted to sell it. The purpose of the exemption is to make it clear that those soaps which the Senator in his household and I in mine use, are not affected by the bill. Mr. KING. I have so much confidence in the Senator from New York that even if the bill were very revolutionary and shocked my preconceived views, I should be inclined to support it; but this measure, which I have hastily read since I came into the Chamber a few moments ago, contains such enormous powers, so much authority vested in bureaus and in official agencies, that it does shock me and I am afraid it will result in abuses and in a reign of terror, not only to farmers and those who purchase food supplies, but those who are engaged in the manufacture of pharmaceuticals and things essential to the welfare and health of the people. Mr. CLARK. Mr. President, will the Senator from Utah yield? Mr. KING. Certainly. Mr. CLARK. I do not yield to the Senator from Utah or anyone else in my confidence in the integrity and high purposes of the Senator from New York, but the bill does not |