If any such motor-vehicle fuel is received and accepted by any person upon the invoice of which said statement does not appear, such person shall pay to the collector of taxes the tax herein imposed or be liable to the District of Columbia for double the amount of the said tax, which amount may be recovered by civil suit or action in any court of competent jurisdiction.

And is amended to read:

SEC. 8. That it shall be unlawful for any person to accept or receive from any importer or distributor, except in cases of retail sales, any motor-vehicle fuel unless the statement provided for in section 5 of this Act appears upon the invoice for the fuel. If any such motor-vehicle fuel is received and accepted by any person upon the invoice of which said statement does not appear, such person shall pay to the collector of taxes the tax herein imposed.

Section 11 of the above-mentioned act reads as follows:

SEC. 11. (a) That any person violating any provision of sections 3 to 6, inclusive, or refusing or obstructing inspection under section 7, or falsely making any statement or report required by this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment for not more than one year, or by both such fine and imprisonment.

(b) Any person who fails to pay any tax upon motor-vehicle fuels imposed by this Act shall be liable to the District of Columbia for a penalty equal to twice the amount of such tax. Such penalty may be collected in a civil suit in any court of competent jurisdiction.

And is amended to read:

SEC. 11. That any person violating any provision of sections 3 to 6, inclusive, or section 8 or refusing or obstructing inspection under section 7, or falsely making any statement or report required by this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than one year, or by both such fine and imprisonment.

Section 12 of the above-mentioned act reads as follows:

SEC. 12. (a) That there shall be levied, collected, and paid a registration fee of $1 for each calendar year for each motor vehicle operated in the District of Columbia; except that for motor vehicles propelled by steam or electricity the fee shall be as provided in subdivision (b).

(b) Owners of electrically driven and steam operated motor vehicles shall be charged the following annual registration fees:

All motor vehicles operated by steam, $15 per annum.

Electrically driven passenger-carrying vehicles, $11 per annum.

Electrically operated trucks, having one thousand pounds or less rated carrying capacity, a minimum charge of $20 per annum, plus $2 for each additional one thousand pounds or less rated carrying capacity.

(c) The registration fee shall be paid to the collector of taxes. Upon the payment of any such registration fee there shall be issued for the motor vehicle two identification tags of such design and a registration certificate in such form as the Commissioners may prescribe.

(d) All registration fees collected during any fiscal year shall be paid into the Treasury of the United States to the credit of the United States and to the credit of the District of Columbia in the same proportions as appropriations for the District of Columbia are paid from the Treasury of the United States and from the revenues of the District of Columbia during the fiscal year in which the fees are collected.

And is repealed.

Section 13 of the above-mentioned act reads as follows:

SEC. 13. That all motor vehicles owned and officially used by the United States or by the District of Columbia shall carry registration tags of the same character and the operator of any such motor vehicle shall be subject to the same regulations and provisions as apply to all other motor vehicles operated within the District of Columbia, all such registration tags and all registration certificates to be furnished without charge.

And is repealed.

о

JUNE 14, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. KELLER, from the Committee on the Library, submitted the

following

REPORT

[To accompany H. R. 6482]

The Committee on the Library, to whom was referred the bill (H. R. 6482) providing for cooperation with the State of Oklahoma in constructing a permanent memorial to Will Rogers, having considered the same, report favorably thereon and recommend that the bill do pass with the following amendments:

Line 7, page 1, strike out the period after United States, and insert in lieu thereof the words "one of whom shall be Mrs. Will Rogers." Line 10, page 3, strike out the words "Mrs. Will Rogers" and insert in lieu thereof the words "the Commission".

After line 16, page 2, insert:

SEC. 2a. The Commission named hereunder shall have full power to accept gifts, grants, and donations from whatever source, and such gifts, grants, and donations shall be applied on and reduce the amount of the $500,000 authorized herein to the extent of such gifts, grants, and donations.

There appeared before the committee in support of this bill the following persons: Hon. Wesley E. Disney, a Representative in Congress from the State of Oklahoma, who introduced the bill; Hon. Al Nichols, president pro tempore of the Oklahoma State Senate; Hon. Dennis Bushyhead, of the Oklahoma State Senate; Hon. H. Tom Kight, leader in the Oklahoma House of Representatives; Mr. Morton Harrison; and Mr. Joe Martin of the Chamber of Commerce of Claremore, Okla.

Attention is called to the law recently enacted in the State of Oklahoma, providing for State participation in the erection and maintenance of a permanent memorial to Will Rogers at Claremore. That law is a part of this record.

[Senate Bill No. 239 (enrolled)]

BY BUSHYHEAD AND RORSEHACH OF THE SENATE, AND KIGHT AND GOODPASTER OF THE HOUSE

AN ACT Creating the Will Rogers Memorial Commission; prescribing the manner and method of appoint ment of members thereof; fixing their tenure of office; prescribing the powers and duties of said Commis sion; providing for the appointment of a custodian of the buildings and grounds of said Will Rogers Memorial; fixing said custodian's salary and tenure of office; making appropriations for the construction operation, and maintenance of said memorial; and declaring an emergency

Be it enacted by the people of the State of Oklahoma:

SECTION 1. The Governor of the State of Oklahoma is hereby empowered to appoint fifteen (15) persons, no more than two (2) of which reside in any one county in the State of Oklahoma, who shall constitute the Will Rogers Memorial Commission. The term of members of said Commission shall be coterminous with that of the Governor and they shall serve without compensation. Each of the members of said Commission shall be subject to removal from office the same as other State officials not subject to impeachment.

SEC. 2. The Commission shall have full power and authority to acquire and hold real estate in its own name, to act in cooperation with the Federal Government or any of its agencies in the constructing, building, preserving, and maintaining of said Will Rogers Memorial; to accept gifts, grants, and donations from the United States Government, or any person, firm, corporation, or municipal subdivision of Government of the State of Oklahoma, or any group of persons, for the uses and purposes of building, constructing, operating, and maintaining said memorial, said memorial to be located at, or near, the town of Claremore, Oklahoma, on the site now provided by the Will Rogers family for the purposes of locating thereon such a memorial.

SEC. 3. The Commission shall have the further power and authority to select some suitable person, or persons, as custodian and assistant custodians, of the buildings and grounds of said memorial; to fix the said custodian's salary in an amount not to exceed one hundred twenty-five ($125) dollars per month, and to fix the assistant custodian's, if any, salary, to be paid out of any funds hereafter appropriated.

SEC. 4. The Commission shall have the power and authority to operate and maintain said memorial and to make all rules and regulations necessary for the maintenance and operation thereof. That said Commission shall never make any charge of any kind for the admission of any person to any part of the grounds or buildings of the said Will Rogers Memorial.

SEC. 5. There is hereby appropriated, out of any funds in the State treasury not otherwise appropriated, the sum of two hundred thousand ($200,000) dollars, or so much thereof as may be necessary, as may be determined by the Commission for the purpose of constructing, building, operating and maintaining said Will Rogers Memorial.

SEC. 6. It being immediately necessary for the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the senate the 31st day of March 1937.
Passed the house of representatives the 4th day of May 1937.

MACDONALD,

Acting President of the Senate.
JESSE TAYLOR,

Acting Speaker of the House of Representatives.

Approved the 8th day of May 1937 by the Governor of the State of Oklahoma. E. U. MARLAND.

Excerpts from the statement of Hon. Dennis Bushyhead, member of Oklahoma State Senate:

Mr. BUSHYHEAD. As to the funds that are available at this time in the State of Oklahoma, there is the sum of $200,000 which was appropriated by the legislature of the State, together with $25,000 which was allowed by the Commission in New York, that being the amount which was collected in the State of Oklahoma. That makes a total of $225,000.

So far as this memorial is concerned, gentlemen, I really think that there is a definite reason for having it erected. As I said, the State of Oklahoma appropriated the sum of $200,000, and I might add that the bill appropriating that money went

through the Senate without one dissenting vote, and it passed the House by an overwhelming majority.

As you know, Will Rogers was a national character. He was more than thathe was an international character. We feel that he belongs to the people of this Nation. I think I can say that advisedly because of the interest that was shown at the time of his death, through the press and other forms of expression by the people of this country. I think that would warrant the appropriation by the Congress of the United States of the amount that we have asked for in this bill. Gentlemen of the committee, I just want to call your attention to the fact that in this bill Mrs. Rogers has offered to donate the site that this memorial will be placed on, and, in addition to that, she has offered to donate, without any charge whatsoever, all of his personal effects, which will go into this particular museum. Gentlemen, Oklahoma is a young State, but it has a peculiar heritage in that almost a majority of the Indians of the country live there. I think that one-third of the Indian population of the country is located within the bounds of the State of Oklahoma. These Indians were taken from Georgia and the Carolinas, and carried to Oklahoma a great many years ago. There is wonderful history attached to it.

The CHAIRMAN. You are a Cherokee?

Mr. BUSHYHEAD. Yes, sir; I am.

As to the site, there is no other suitable place at the present time so suitable for the location of a museum of Indian life-concentrated as it is here by the many tribes that have been brought in. I feel that for the sake of posterity we should place these Indian relics in a museum where the people, throughout the entire life of this Nation, will be able to see and study them. This collection will be valuable for information and knowledge for the students of history in the years It is the plan to incorporate such a museum in the permanent memorial to Will Rogers, who was part Indian himself.

to come.

The CHAIRMAN. I quite agree with you.

Mr. BUSHYHEAD. There is Frank Phillips, who is the head of the Phillips Oil Co., and Mr. Lawson, who lives at Tulsa, both of whom have valuable collections of Indian relics. We hope to persuade them to place their collections in this museum. We hope that others in the State of Oklahoma having such collections will do the same. I think, gentlemen, that it would be money well spent if this appropriation were made.

The CHAIRMAN. Do you agree that the State of Oklahoma will raise the remainder of the money?

Mr. BUSHYHEAD. I think it will. There is $300,000 now, or $275,000 represents the difference there. Knowing the love that the people of the State of Oklahoma hold in their hearts for Will Rogers, I do not have any hesitancy in saying to you that in my best judgment that amount of money will be contributed by the people of the State. If the people of the State of Oklahoma think enough of him to do that, we feel that the people of the United States have enough interest in helping to contribute this other $500,000.

The CHAIRMAN. I wonder if there would be any objection to having the bill so drawn as to give the people of the United States an opportunity to contribute fu ther toward the fund? A great many people would like the idea of doing that. I would like to give something to show my own appreciation of Will Rogers, and I think there are thousands of people in the country who would be glad to do the same thing. I think a provision of that sort would be of advantage to the movement, and I wonder if there would be any objection to our amending the bill to permit that.

Mr. DISNEY. I think it could be worked out very properly.

Mr. BUSHYHEAD. I agree with you. In all probability a lot of the people in the United States would want to contribute something toward it. Under the provisions of this bill, I do not think there is anything to prohibit it.

The CHAIRMAN. You might make it specific. If you do not make it specific, there may be some difficulty. We have had a lot of experience with bills that were loosely drawn. Our experience has been such that we would prefer to have such provisions specifically made.

Mr. HARRISON. The Oklahoma bill provides that the Commission appointed under that bill shall have authority to accept contributions.

The CHAIRMAN. I think the same provision should be made as to the national Commission.

Mr. TREADWAY. I have one more question: Has any plan been formulated, or do you have any idea as to how you will go about raising the balance of $275,000? Mr. BUSHYHEAD. There is not anything definite as yet. Of course, Claremore is about 30 miles from Tulsa, Okla., which is the seat of the oil industry of the Nation. There are many wealthy men who live at Tulsa, and many of them have said that they were willing and wanted to make substantial contributions to this fund.

Mr. TREADWAY. You can see the difficulty that might arise if it were not raised.

Mr. SECREST. Section 3 seems to care for any contingency.

Mr. TREADWAY. I wondered to what extent they had progressed with that. Excerpts from the statement of Mr. H. Tom Kight:

Mr. KIGHT. I was interested in the suggestion as to raising of funds by private subscription and permitting them to be a credit on the amount that is appropriated, and will suggest this, that if the bill carries the provision that $500,000 or so much of that amount as may be necessary to match such fund as is furnished by the State and that contributed by public contribution, that then further provision might be added to the bill which would provide that any funds in excess of $500,000 furnished by the State and by public subscription, might be used as a credit upon the amount appropriated by the Federal Government in this bill.

The CHAIRMAN. That is a good suggestion.

Mr. KIGHT. In other words, let us get to the $500,000 mark with our State funds and with our public subscription, and anything that we might have above that might be credited upon this.

The CHAIRMAN. I think that is an excellent suggestion.

Mr. KIGHT. I will make this statement. We have just discussed minutely the proposition of the veto power in Mrs. Rogers for the plans and the architect. Now, gentlemen, you understand that in State organizations sometimes the question of the architects plays a more important part than it probably should. In other words, the smaller the subdivision the more important part sometimes just the question of the architect will play. We do not want that. That thing to us is sacred.

The CHAIRMAN. You have no objection to the amendment he suggested? Mr. KIGHT. That amendment I did not just understand.

The CHAIRMAN. Simply cutting out the words "Mrs. Will Rogers", and just using the word "Commission". She is a member of it.

Mr. KIGHT. That will cure anything that anyone might object to.

Mr. TREADWAY. I do not think there is anything appearing in the bill now before us to indicate that your State commission would have joint authority in the selection of the design and architect.

Mr. KIGHT. No.

Mr. TREADWAY. This reads that the commission that the President appoints has entire mastery of it.

Mr. KIGHT. It ought to be that way.

The CHAIRMAN. You like it this way?

Mr. KIGHT. Yes, I think that ought to be.

Excerpts from the statement of Hon. Al Nichols, a senator in the State Senate of Oklahoma:

Mr. NICHOLS. I have nothing of importance to add to what Mr. Kight and Senator Bushy head have already said in relation to the proceedings. We feel like Will Rogers being a native of the State of Oklahoma has a place in recorded history of the world in that no one has ever been more loved in all the world than Will Rogers. That sounds like a very grand statement, but I think on reflection you will agree that since the foundation of the world no creature has been as universally loved as Will Rogers during his lifetime. He harbored no thought of ill-will against any human being. Oklahoma will be pleased with anything this committee can do. I thank you.

Inasmuch as the committee agreed that there is no question that Will Rogers was a national figure with a unique and beneficial influence on our national life it is fitting that the United States shall have a part in the erection of a permanent memorial to his honor