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CONGRESSIONAL RECORD—SENATE.
1910.
matter, which was referred to the Committee on. Post-Offices and
Post-Roads.
Mr. WARNER presented petitions of sundry citizens and phy
sicians of Harrisonville, St. Louis, Chillicothe, Bonne Terre,
and Scliell City; of sundry medical societies of Hannibal, Lathrop, Butler, Gallatin, St. Louis, Maryville, St. Joseph, and
Kansas City; of the Commercial Club of Hannibal; of the con
gregation of the Methodist Episcopal Church South, of Albany;
of the board of directors of the school district of Hannibal; of
Clark County Pomona Grange, Patrons of Husbandry, of Kahoka; of Timber Grange, No. 1348, Patrons of Husbandry, of
Canton; and of the Commercial College Company, of Hannibal,
ail in the State of Missouri, praying for the enactment of legis
lation to establish a national bureau of health, which were
referred to the Committee on Public Health and National Quar
antine.
Mr. DILLINGHAM presented a petition of sundry members
of the Ladies of the Maccabees of the World, of Rutland, Vt.,
praying for the enactment of legislation providing for the admis
sion of publications of fraternal societies to the mails as secondclass matter, which was referred to the Committee on PostOffices and Post-Roads.
Mr. ELKINS presented a petition of the Chamber of Com
merce of Charleston, W. Va., praying for the enactment of
legislation authorizing the use of the water from the pools in
Kanawha River to float coal mined on the Kanawha River
down the Ohio River during low water, which was referral to
the Committee on Commerce.
He also presented sundry affidavits to accompany the bill
(S. 4548) granting an increase of pension to Adam Minear,
which were referred to the Committee on Pensions.
He also presented sundry affidavits to accompany the bill
(S. 4538) granting an increase of pension to Daniel M. Yeager,
which were referred to the Committee on Pensions.
He also presented sundry papers to accompany the bill (S.
4563) for the relief of John II. Snyder, which were referred to
the Committee on Military Affairs.
He also presented sundry affidavits to accompany the bill
(S. 4547) granting an increase of pension to Samuel C. Bernhard, which were referred to the Committee on Pensions.
He also presented sundry papers to accompany the bill (S.
5111) granting an increase of pension to James F. Cross, which
were referred to the Committee on Pensions.
He also presented an affidavit to accompany the bill (S. 7216)
granting an increase of pension to Thomas W. Marion, which
was referred to the Committee on Pensions.
Mr. NEWLANDS presented a petition of Silver City Miners’
Union, No. 92, Western Federation of Miners, of Silver City,
Kev., praying for the passage of the so-called “ eight-hour bill,”
which was referred to the Committee on Education and Labor.
REPORTS OF COMMITTEES.
Mr. SCOTT, from the Committee on Pensions, to whom were
referred certain bills granting pensions and increase of pen
sions, submitted a report (No. 619) accompanied by a bill
(>8. 8014) granting pensions and increase of pensions to cer
tain soldiers and sailors of the civil war and certain widows
and dependent relatives of such soldiers and sailors, which
was read twice by its title, the bill being a substitute for the
following Senate bills heretofore referred to that committee:
S. 21. Christopher Camp;
S. 312. Salem Bruner;
8.337. Jacob W. K elley;
8.473. Robert J. F oster;
S. 683: William H. Scott;
8.686. Henry C. Su ess;
S. 695. Francis M. Rickards;
8. 697. Simon B. Madden;
8. 829. Horace E. R ussell;
8. 845. Jacob R oss;
8.1146. Thomas McDonald;
8.1165. Anthony J. Sansoni;
8.1174. Louisa Tliavis;
8.1200. James W. Wilcoxson;
S. 1205. John H. Burk ;
8.1495. Henry A. Skeens;
8.1593. James Haley;
8.1686. Harriet II. B rady;
8. 2025. Frank E. Bickford;
8.2373. Thomas Connelly;
8.2503. Lewis A. Uhl;
8. 2533. Annie M. Belm ey;
8.2937. William Anderson;
S. 2939. Nathaniel H. Kendrick;
S .3083. Alexander Morrow;
S. 3216. John Love;
S. 3217. James M. Lankston;
S. 3230. Albert' Sarurn;
S. 328S. Hugh A. McDonald;
S. 3289. Benjamin F. Kirk;
S. 3290. Thomas J. H ow e;
S. 3294. Agnes H. Y. Swetland;
S .3365. Emery C. "Wilson;
S. 3374. Julia Cranney;
S .3395. Milton P. Noel;
S. 3397. Edwin Northrop;
S. 3398. Thomas S. Woodmansee;
S. 3401. William C. Forsythe;
S. 3418. William IV. Blandin;
S. 3440. William McDonald;
S .3483. James A. Smith;
S. 3496. Charlotte A. E. M ain;
S .3758. George E. Parker;
S. 3817. John Smith;
S. 3843. Abram II. Birdsall;
S. 3873. Allen Stoner;
S. 3915. Ahimaaz E. Wood;
S. 4099. William Tarrio;
S. 4110. David H. Semon;
S. 4111. John F. Morris;
S .4171. Michael Donley;
S. 4191. David W. C. McCloskey;
S .4221. Charles E. Krause, alias Charles Meyers;
S. 4245. Alonzo J. Rutter;
S .4475. Melvin W. Murdock;
S .4492. Frederick Marti;
S. 4581. Jesse L. Pelton :
S. 4611. Charles W. Hibbites;
S. 4642. Thomas A. Thorne;
S. 4705. Ida L. Casey;
S. 4708. Joseph B. llolesteine;
S. 4730. Emily L. Compton;
S. 4759. John N. Wheeler;
S. 4762. Sarah E. L eahy;
S. 4826. George W. K iusel;
S. 4831. Ira Hess;
S 4833. Charles W. Conser;
S 4878. Isaac M. Scott;
S 5259. Carlos C. Shaw;
S. 5264. Alfred G. Braun;
S .5265. Richard C. Perkins;
S 5350. John W. Mass;
S. 5519. James Watson;
S. 5700. Georgia McDonald;
gi 5737. John C. Davis;
S 5738. Alonzo H. Sherman;
S. 5742. Charles G. Bartlett;
S. 5749. Thomas Brown;
s'. 5780. Henry A. James;
S 5841. Hugh Curry;
S 5865. Charles Kaulen;
s ’ 5917. Charles G. Vanness;
S 6030. Robert H. Lowry;
s ’ 6174. William Henry Freeman;
S. 6188. L a w re n c e Jacobs;
si 6213. A n n ie Smith;
S. 6303. John Nixon;
S 6333. George Bollinger;
s ; 6387. William H. Harris;
S 6441. Henrietta A. Barnes;
s 6504. William Wise;
s ' 6515. Robert W. Dinsmore;
S 6518. George D. Itunk;
s ’ 6571. A u g u s tu s Wode;
S. 6592. Henry B. Geissiuger;
S 6628. Balser Lutz;
s i 6633. Thomas H. Mason, alias W illiams;
/S . 6637. Benjamin N. Bradfield;
s i 6646. George K. Steele;
S .6655. Samuel Dillon:
S .6695. John Schoonover;
S .6711. Lorenzo D. Anderson;
S. 6742. Aubrey Leavitt;
S .6760. William A. Bartholomew;
S. 6766. Thomas Neely;
I S. 6849. Edward K ing;
5641
5642
CONGRESSIONAL RECORD—SENATE.
May
By Mr. CLAY:
A bill (S. 8026) for the reinstatement of Lieut. Go^ r
stantiue Marrast Perkins to the active list of the Marine Cor
to the Committee on Naval Affairs.
A bill (S. 8027) for the relief of the heirs of George Wipf
deceased; to the Committee on Claims.
r'‘J\
By Mr. ELKINS:
A bill (S. 8028) for the relief of the heirs of J. G. Ha.
deceased; to the Committee on Claims.
‘*1,
A bill (S. 8029) granting a pension to Laurence Cox;
A bill (S. S030) granting an increase of pension to Chaw
W ay;
.
.
.
A bill (S. 8031) granting an increase of pension to WiUu
T. McBee;
.
.
A bill (S. 8032) granting a pension to William A, fi.
(with an accompanying paper);
A bill (S. 8033) granting a pension to Sophia F. Mal
(with an accompanying paper);
A bill (S. 8034) granting an increase of pension to Getmr
L Boso (with an accompanying paper) ;
A bill (S. 8035) granting an increase of pension to j 0tta
Hutzler (with accompanying papers); and
A bill (S. 8036) granting an increase of pension to
Mock (with an accompanying paper); to the Committee ,7
Pensions.
By Mr. NEWLANDS (by request):
A bill (S. 8037) for the relief of H. C. Smith; to the Com.
mittee on Claims.
By Mr. CULLOM:
A bill (S. 8038) granting a pension to Helen E. Wilco*; .
the Committee on Pensions.
By Mr. DEPEW:
_
, _
A bill (S. 8039) authorizing the settlement of certain 0uf
standing liabilities of the Government by the issue of ,u,”
BILLS INTRODUCED.
drafts upon the return of drafts heretofore issued representing
Bills were introduced, read the first time, and, by unanimous said liabilities; to the Committee on Claims.
consent, the second time, and referred as follows:
ACCEPTANCE OF STATUE OF FRANCIS H. PIEBPONT.
By Mr. SCOTT:
A bill (S. 8015) granting an increase of pension to Nathan
Mr. SCOTT submitted the following concurrent resolutifm
Vanaman (with accompanying papers);
S. Con. Res. 33), which was referred to the Committee a
A bill (S. 8016) granting an increase of pension to Thomas Printing •
Senate concurrent resolution 33.
C. Boggess (with accompanying papers) ; and
Resolved by tire Senate. (the House of Representatives concurring
A bill (S. 8017) granting an increase of pension to David E.
Phat there be printed and bound the proceedings In Congress, togeflfb
Leach (with an accompanying paper); to the Committee on s-ith the proceedings at the unveiling in Statuary Hall upon the
septa nee of the statue of Francis II. Pierpont, presented by the
Tensions.
>f West Virginia. 16,500 copies, of which 5,000 shall he for the ?**
By Mr. BEVERIDGE:
if the Senate and 10,000 for the use of the House of RepresentatlG?
A bill (S. 8018) granting an increase of pension to Isaac md the remaining 1,500 copies shall be for the use and dtatrtlnui *•
Brinkworth (with accompanying papers); to the Committee on if the Senators and Representatives In Congress from the State 3
vpqf Virginia
Pensions.
The Joint Committee on Printing is hereby authorized to have n
■odv prepared for the Public Printer who shall procure su!tah?
By Mr. GALLINGER:
iopper
process plates to be bound with these proceedings.
'"">1*
A bill (S. 8019) providing for the purchase of land for the
use of the Reform School for Girls of the District of Columbia
BIRTHDAY SPEECH OF SENATOR CHAUNCEY M. DEPEW.
(with an accompanying paper); to the Committee on the Dis
Mr. BRADLEY. Mr. President, on the 23d of April last th,
trict of Columbia.
senior Senator from New York [Mr. D epew] delhered a nr
By Mr. FRYE:
. . ,
, _____i- 4
- U n nnrmo 1 rHrm<vr <riv<vn him hv tho TVIV...,
^
iqnL
A bill (S. 8020) granting an increase of pension to Robert D. LOUlUItJ aUUicoo ul luo ***“ ----- -----Rub of Brooklyn, in celebration of his birthday. The addro^
Damren (with accompanying papers); to the Committee on 3 replete with historical information of great value to th?
Pensions.
eople of the United States. The Senator on that occasion
By Mr. SMITH of Michigan:
poke in his usually entertaining and eloquent manner. j
A bill (S. 8021) providing for the refund of expenses in iew of the historical value of the address and the high stand
curred in attending the meetings of the Assay Commission held ag of the Senator from New York, I move that it may be jn‘
at Philadelphia in 1905 to Benjamin S. Hanchett, Grand Rapids, ludod in the Congressional Record and printed as a Senar?
Mich.; to the Committee on Claims.
ocument. (S. Doc. No. 518.)
By Mr. JONES:
T h e V IC E -P R E S ID E N T . Is th e re o b je c tio n to th e request
A bill (S. 8022) to amend an act entitled “An act to author
ize the sale and disposition of surplus or unallotted lands of aade by th e S e n a to r fro m K e n tu c k y ?
Mr. GALLINGER. Would not the Senator be content to have
the diminished Colville Indian Reservation in the State of
Washington, and for other purposes,” approved March 22, 1906; t printed as a document and not have it inserted in the Record?
think that would be better.
to the Committee on Indian Affairs.
^
M r. B R A D L E Y . V ery w ell.
-By Mr. OWEN:
T h e V IC E -P R E S ID E N T . T h e re q u e s t is m odified t h a t it be
A bill (S. 8023) authorizing the Court of Claims to hear and
letermine the claim of the Choctaw and Chickasaw nations to T in ted a s a p u b lic d o cu m en t. W ith o u t objectio n , th e request
(compensation for the leased district, and for other purposes; to s com plied w ith .
'the Committee on Indian Affairs.
LONDON AND NEW YORK PRICES.
A bill (S. 8024) providing a memorial statue and tablet in
Mr. GALLINGER. From a catalogue of the Army and Navy
honor of the members of the Yellow Fever Commission, and for
[tore London, a British publication, I have a statement giving
pother purposes; to the Committee on the Library.
——
he retail price of 33 articles which are in common use in the
By Mr. HUGHES:
A bill (S. 8025) providing that lands of the United States nines of the people of the United States, and also from a catamay be acquired by condemnation for public purposes in ac ague of Park & Tilford’s Quarterly, New York, the New York
cordance with state and territorial laws; to the Committee on idee of the same articles. I ask unanimous consent to insert
hp statem ent in the R ecord without reading.
Public Lands.
S. 6917. George W. Shamel;
S. 6943. Joseph A. Brinton;
S. 6946. John E. Moore;
S. 6952. Mary LeEtta Reed;
S .6967. Gilbert Gross;
S. G96S. M a rtin S c h e lin s k i;
S. 6982. Edgar M. C o n n o r;
S .7008. William P. Delaney;
S. 7040. Joseph D. Bradley;
S. 7076. Juretta E. McMillan;
S 7092. J e r e m i a h Hoover;
s! 7097. Harvey W. Lounsberry;
S .7119. John J. Myles;
S. 7128. Timothy J. Lucy;
S. 7163. Thomas B. Youtsey;
S. 7202. Joseph E. Patterson;
s! 7209. Elizabeth P. Boggis;
S. 7210. James T. Moody; and
S. 7216. T. W. Manion.
Mr. CLARK of Wyoming, from the Committee on Public
Lands, to whom was referred the bill (H. R. 20554) authoriz
ing the Secretary of the Interior to issue patent to Fred G.
Smith and Lula Smith, minor heirs of George Smith, deceased,
for the title in fee to the east half of the northwest quarter
and the east half of the southwest quarter of section 7, town
ship 24 north, range 13 west, sixth principal meridian, In the
State of Nebraska, entered as a homestead by said deceased, re
ported it without amendment and submitted a report (No. 620)
thereon.
Mr. HUGHES, from the Committee on Public Lands, to whom
was referred the bill (H. R. 20306) to perfect the title to cer
tain land to the heirs of Henry Hyer and his wife, Julia Hyer,
deceased, and other persons, reported it without amendment.
^CONGRESSIONAL RECORD—SENATE.
1910.
A bill (S. 7995) to am e-S E N A T E .
utes, to provide for rece;
0 m in
purposes (Report No. fCSDAY, M a y 3, lU lu .
tplain, Rev. Ulysses G. B. Pierce, D. D.
Mr. KEAN, fronresterday’s proceedings was read and approved.
Contingent Expen' message from the house.
nm+atf ^'esol’ui<from the House of Representatives, by W. J.
poited it wit Hr Chief Clerk announced that the House bad passed
mous consentg bills aud jo’i nt resolutions:
p
An act to authorize commissions to issue in the cases
thorizedr* of the army retired with increased rank;
Isbell, laCO. An act to give the consent of Congress to the buildhis dlor: a bri(1"e by the cities o£ Marinette, Wis., aud Menominee,
an
over the Menominee R iver;
.5.7673. An act to authorize the construction of a bridge across
•.own Creek, North Carolina;
S. J. Res. 89. Joint resolution providing for certain printing
and binding for the International Bureau of American Re
publics ;
S. J. Res. 92. Joint resolution disapproving certain laws of
the territorial legislative assembly of New M exico; and
S. J. Res. 93. Joint resolution disapproving certain law s of
the territorial legislative assembly of New Mexico.
The message also announced that the House had disagreed to
the amendments of the Senate to the joint resolution (H. J. Res.
191) to provide for the printing as a House document of 1,000,000
copies of Farmers’ Bulletin No. 391, asked a conference with the
Senate on the disagreeing votes of the two Houses thereon, and
had appointed Mr. Cooper of Pennsylvania, Mr. S t u r g is , and
Mr. F in l e y managers at the conference on the part of the House.
The message further announced that the House had passed
the following bills and joint resolutions, in which it requested
the concurrence of the Senate:
H. R. 7117. An act to increase the efficiency of the Engineer
Corps of the United States Arm y;
II. R. 7549. An act providing for the erection of monuments,
respectively, to Gens. Daniel Stewart and James Screven, two
distinguished officers of tl\e American Army;
H. R. 18285. An act to authorize the construction of a bridge
across the Mississippi River between Moline, 111., and Betten
dorf, Iow a;
H. R. 18700. An act to prevent the dumping of refuse material
in Lake Michigan at or near Chicago;
H. R. 22690. An act to give legal status to the lead of wires
of the Tri-State Telephone and Telegraph Company across the
Mississippi River;
H. R. 23094. An act to provide for sittings of the United
States circuit and district courts of the western division of the
Western judicial district of Missouri at the city of Chillicothe,
to said district;
H. R. 24150. An act transferring Oregon County to the south
ern division of the western judicial district of Missouri;
II. R. 24375. An act to amend an act entitled “An act to regutote the construction of dams across navigable waters,” ap
proved June 21, 1906;
II. R. 24723. An act granting permission to the city and
eouucil of San Francisco, Cal., to operate a pumping station on
the Fort Mason Military Reservation, in California;
H. R. 24S77. An act to authorize additional aids to naviga
tion in the Light-House Establishment, and to provide for a
bureau of light-houses in the Department of Commerce and
I-abor, and for other purposes;
H. R. 24993. An act to amend section 2169 of the Revised
Statutes of the United States;
H. J. Res. 149. Joint resolution to enable the States of W is
consin, Illinois, Indiana, and Michigan to determine the juris
diction of crimes committed on Lake M ichigan;
H. J. Res. 188. Joint resolution making the act entitled “An
oct to provide for the appropriate marking of the graves of
too soldiers and sailors of the confederate army and navy who
died in northern prisons and were buried near the prisons
where they died, and for other purposes,” apply to the confed
erate mound in Oakwood Cemetery, at Chicago;
H. J. Res. 189. Joint resolution authorizing the Secretary of
” «r to accept the title to any lands which may be donated to
toe United States which, in his opinion, may be a suitable place
f°r maneuvering, encampment, rifle and artillery ranges, and
convenient for assembling troops from the group of States
composed of Kentucky, Tennessee, Mississippi, Alabama,
Georgia, Florida, North Carolina, and South Carolina; and
II-J. Res. 206. Joint resolution to supply a deficiency in the
nPpropriation for printing and binding for the Treasury De
partment for the fiscal year 1910, aud for other purposes.
XIV------357
5697
The message also announced that the House had passed a
concurrent resolution providing for the printing of 10,000.
copies of a compilation entitled “ Comparison of the tariff
acts of July 24, 1897, and of August 5, 1909, showing rates of
duties, respectively, in parallel columns, etc.,” in which it re
quested the coqpurrenee of the Senate.
ENROLLED BILLS SIGNED.
The message further announced that the Speaker of the
House had signed the following enrolled bills, and they were
thereupon signed by the Vice-I’resident:
S. 2777. An act to establish the Glacier National Park in the
Rocky Mountains south of the international boundary line, in
the State of Montana, and for other purposes;
S. 6965. An act for the relief of Samuel W. Campbell; and
II. R. 4830. An act establishing regular terms of the United
States circuit and district courts of the northern district of
•California at Sacramento, Cal., and of the southern district of
California at San Diego, Cal.
PETITIONS AND MEMORIALS.
Mr. KEAN presented a petition of the Essex County Medical
Society, of Newark, N. J., praying for the enactment of legis
lation to establish a national bureau of health, which was re
ferred to the Committee on Public Health and National Quar
antine.
^
„
He also presented petitions of Local Grange No. 193, of Allenwood, of Local Grange No. 101, of Sergeantsville, of Local
Grange No. 11, of Vineland, and of Mickleton Grange, No. I l l ,
of Swedesboro, all of the Patrons of Husbandry, in the State
of New Jersey, praying that an appropriation be made for the
extension of the work of the Office of Public Roads, Department
of Agriculture, which were referred to the Committee on Agri
culture and Forestry.
Mr. CULLOM presented petitions of sundry citizens of Chi
cago, 111., praying for the passage of the so-called “ boilerinspection bill,” which were referred to the Committee on Inter
state Commerce.
Mr. SCOTT presented a petition of sundry members of the
Ladies of the Maccabees of the World, of Sistersville, W. Va.,
praying for the enactment of legislation providing for the ad
mission of publications of fraternal societies to the mails
as second-class matter, which was referred to the Committee
on Post-Offices and Post-Roads.
Mr. B U L K E L E Y presented a petition of South Norwalk Hive,
No 36, L a d ie s of the Maccabees of the World, of South Nor
walk, Conn., praying for the enactment of legislation providing
for the admission of publications of fraternal societies to the
mails as second-class matter, which was referred to the Com
mittee on Post-Offices and Post-Roads.
He also presented a petition of Local Grange No. 72, Patrons
of Husbandry, of Plymouth, Conn., and a petition of Cawasa
Grange No. 34, Patrons of Husbandry, of Canton, Conn., prov
ing that an appropriation be made for the extension of the work
of the Office of Public Roads, Department of Agriculture, which
were referred to the Committee on Agriculture and Forestry.
He also presented a petition of Cawasa Grange, No 34 Pa
trons of Husbandry, of Canton, Conn., praying that increased
appropriations be nmde for the supi>ort of agricultural colleges
which was referred to the Committee on Agriculture and ForeSMr. CUMMINS presented petitions of sundry citizens of Coun
cil Bluffs, Iowa, praying for the enactment of legislation grant
ing extra compensation to free rural letter carriers for fur
nishing conveyances, horses, and feed, which were referred to
the Committee on Post-Offices and Post-Roads.
Mr. BRISTOW presented a petition of sundry citizens of
Irene, Kans., praying for the enactment of legislation to pro
hibit the interstate transportation of intoxicating liquors into
prohibition districts, which was referred to the Committee on
the Judiciary.
He also presented sundry affidavits to accompany the bill
(S. 7815) granting an increase of pension to Abel Markwell
which were referred to the Committee on Pensions.
’
Mr. BROWN presented a petition of sundry citizens of
Omaha, Nebr., praying for the passage of the so-called “ boilerinspection bill,” which was referred to the Committee on Inter
state Commerce.
Mr. BRANDEGEE presented a petition of W liigville Grange
No. 48, Patrons of Husbandry, of Bristol, Conn., praying that
increased appropriations be made for the support of agricul
tural colleges, which was referred to the Committee on Agri
culture and Forestry.
Mr. CARTER presented petitions of sundry citizens of Ana
conda, Mont., praying for the passage of the so-called “ boiler-
5G 98
CONGRESSIONAL RECORD—SENATE.
inspection bill,” which were referred to the Committee on Inters ta te C om m erce.
" Mr HALE presented memorials of Union Grange, No. 320, of
Columbia Falls; of Honesty Grange, No. 83, of Morrill; of West
brook Grange, of Westbrook; of East Eddington Grange, of
East Eddington; of Mystic Tie Grange, of Kenduskeag; of
Union League Grange, of Kingman; of Princeton Grange, of
Princeton; of Winslow Grange, of Winslow; of Good Will
Grange, No. 376, of Amherst; of Mountain Grange, of Buckfield ;Vf Perry Grange, of Perry; of Silver Harvest Grange, No.
66, of Waldo; of Gorham Grange, of Gorham; of Hurra socket
Grange, of Freeport; of Eastern Star Grange, No. 473, of
Calais;’ of Pleasant River Grange, No. 492, of Vinalhaven; of
Sheepscot Valley Grange, of Wiscasset; and of Skowhegan
Grange, of Skowhegan, all of the Patrons of Husbandry, in the
State of Maine, remonstrating against the repeal of the present
oleomargarine law, which were referred to the Committee on
Agriculture and Forestry.
He also presented a petition of Harvest Home Grange, No.
403, Patrons of Husbandry, of West Ellsworth, Me., praying
that an appropriation be made to extend the work of the Office
of Public Roads, Department of Agriculture, which was re
ferred to the Committee on Agriculture and Forestry.
He also presented a petition of Bear Mountain Grange, No.
62, Patrons of Husbandry, of Waterford, Me., praying for the
enactment of legislation to establish a national bureau of health,
which was referred to the Committee on Public Health and
National Quarantine.
He also presented memorials of the Rebecca Emery Chapter
of the National Society, Daughters of the American Revolution,
of Biddeford, Me., and of the Samuel Grant Chapter of the Na
tional Society, Daughters of the American Revolution, of Gar
diner, Me., praying for the retention and strengthening of the
Division of Information of the Bureau of Immigration and
Naturalization in the Department of Commerce and Labor,
which were referred to the Committee on Immigration.
Mr. DU PONT presented a petition of Local Grange No. 28,
Patrons of Husbandry, of Millville, Del., praying that an ap
propriation be made for the extension of the work of the Office
of Public Roads, Department of Agriculture, which was re
ferred to the Committee on Agriculture and Forestry.
Mr. WETMORE presented a petition of Kickemuit Grange,
Patrons of Husbandry, of Providence, R. I., and a petition of
Cumberland Grange, No. 2, Patrons of Husbandry, of Arnolds
Mills, R. I., praying that an appropriation be made for the en
couragement and support of agricultural extension work in con
nection with land-grant colleges, which were referred to the
Committee on Agriculture and Forestry.
Mr. FLINT presented a petition of Local Council No. 1832,;
Royal Arcanum, of Alameda, Cal., and a petition of sundr;
members of the Ladies of the Maccabees of the World, of Sa
Luis Obispo, Cal., praying for the enactment of legislation pro
viding for the admission of publications of fraternal societies'
to the mails as second-class matter, which were referred to the
Committee on Post-Offices and Post-Roads.
He also presented a memorial of the Department of Cali
fornia and Nevada, Grand Army of the Republic, remonstrating
against the enaitment of legislation proposing to abolish certain
pension agencies throughout the country, ivhich was ordered to
lie on the table.
He also presented a petition of Roosevelt Camp, No. 9, De
partment of California, United Spanish War Veterans, of Los
Angeles, Cal., praying for the enactment of legislation provid
ing for the raising of the wreck of the battle ship Maine and
the interment of those entombed therein, which was referred
to the Committee on Naval Affairs.
He also presented memorials of the Chamber of Commerce of
San Francisco, and of the Stock Exchange of Los Angeles, in
the State of California, remonstrating against the enactment of
legislation withdrawing oil lands from entry located prior to
September 27, 1909, which were referred to the Committee on
Public Lands.
WITHDRAWAL OF PUBLIC LANDS.
Mr. FLINT. I present resolutions adopted by the Chamber
of Commerce of Coalinga. Cal., protesting against the passage
of what is known as the Pickett bill. I ask that the resolutions
be read and referred to the Committee on Public Lands.
T h e re b e in g no o b jectio n , th e re s o lu tio n s w e re re a d a s fo l
low s :
Coalinga, Cal., May 1,1910.
Whereas there is now pending before the Congress of the United
States certain legislation vitally affecting the interests of not only the
producers of oil, hut of the consumers as well, and therefore every in
dustrial enterprise on the Pacific coast; and
Whereas the proposed legislation, known as the Pickett bill and pur
porting to conserve the resources of the oil lands of California, is based
on erroneous principles of conservation; and
May
Whereas the small operators and develt,
tional domain and the affected Industries dcand present their views prior to the enactme^. o f L ie u t_ q .
U' Whereas there is a scarcity of coal or its suWf th e Marine CV?**'
oil__and our industries are dependent on fuel oil ,
M*;
it would he a coast-wide calamity did Congress pa,
oil lands in which are vested rights and now beln- to r £e W
effect of any retroactive law would be to immediate,
I,
tion of fuel oil to such an extent on lands on which „
has been made since September 27, 1909, to at once ra
fuel oil to prohibitive prices and to allow the large c o L . Havrn.
natented lands—and they do now own over 7 per cent of t
a|k
oil lands of California—to charge such price as they d eeu .
would bear, and thus create such a monopoly of oil among •
interests such as never before has been created by any set .Chan
the United States. Further, it would discourage the small
le*
the pioneers who have ever by their untiring work on the frontier"
catting.” brought in new and larger fields to add a new source ’oUai*
ply to the ever-diminishing pools of the older fields: Now tlioA ^
he it
Sr"
drawal is for the public benefit and not thereby creating a monm„? th
the oil business for the benefit of a few large Interests, by permi
them to continue pumping and removing the oil, and thus exhaustlni1
several pools at both the Government’s and present and prospective „ ”>»
operators" expense, but we are unalterably opposed to any law t w * 1!
retroactive and which docs not recognize the rights of locators
*»
lands who located prior to September 27, 1909, who have compiLa r oil
the usual rules and customs of miners in protecting their loentWi,t>
made prior thereto; that any other treatment of these men at <>n*
States.
Resolved, That a copy of this resolution be forwarded to the Premia
of the United States, the Senate and House Public Lands commit r‘t
and to every Member of the Congress and Senate of the United V, “A
and to the honorable Secretary of the Interior, at Washington D o 1**,
Mass meeting held at Coalinga, April 30, under auspices CoaV
Chamber of Commerce.
Chamber of Commehc*
Mr. SMOOT. Mr. President, I think that the good people"
California are under a mistaken apprehension as to the
drawal bill.
The bill known as the Pickett bill passed the House
was referred to the Committee on Public Lands of the s ^
ate, where all after the enacting clause was stricken out and^'
istitute was reported bv
substitute
by that committee to the Son ml ( k
the withdrawal bill as
now stands there is no provision *
the withdrawal of oil lands. As chairman of the subcomiujt!0*
subeommj
that had the bill under consideration, I will he onlyy too nlelx*
pieaih
to meet the delegation from California and give them a heart
on this particular matter.
" 1!|t
The VICE-PRESIDENT. The resolutions will be referred
the Committee on Public Lands,
BIGHT OF SUFFRAGE.
Mr. OWEN.
a memorial of
N
-- ---- -------------------L
A.Ul0the National Amori
“—’
w
-I present
Woman Suffrage Association, respectfully demanding
o
tion by Congress of the right of women to vote. I move tuJ."
the memorial be printed as a document and referred to the"co~*
mittee on Woman Suffrage.
The motion was agreed to.
REPORTS OF COMMITTEES.
Mr. FLINT, from the Committee on Public Lands, to wh,/
was referred the bill (H. R. 20903) to approve the final nrSS
of Edward J. Balch, reported it without amendment and s t
mitted a report (No. 621) thereon.
Mr. SCOTT, from the Committee on Military Affairs
whom was referred the bill (H. R. 10132) granting certain h °
tn tiie
Ariznnn asked to L
to
the town of Yuma, in the Territory of Arizona,
<1 #w
Atv» 14
-Cl further
^nt*+Vint» consideration n»
J Xthat
T J ,it
. be^ 1>0
discharged
from
its
and
re.
ferred to the Committee on Public Lands, which was agreed t*
He also, from the same committee, to whom was rofni to.
I ,:n / T.T T> i n f i l l \ -fVvH fTvo t' aH/vP ^
t
A
the~ hill
(II. R. 15611) for the relief of William J.
A
l l e r ^rrfe' 1
tto
o be
hr, discharged
disolinrcred from its further consideration and
nnH +
i.A it
.. f-,l
that
i
referred to the Committee on Claims, which was agreed to1 ^
Mr. PERKINS, from the Committee on Naval Affairs'
whom was referred the bill (II. R. 22539) to satisfy lcerI. J®
claims against the Government arising under the"Navy x w . a
ment, asked to be discharged from its further considenti'11'
and that it be referred to the Committee on Claims, which \v’r"
agreed to.
Mr. MARTIN, from the Committee on Claims, to whom w
referred the bill (H. R. 24274) to appropriate the sum of s-vJI
for Fenton T. Ross, of Loudoun County, Va„ whose horse
permanently injured by employees of the Agricultural Denart"
ment in making experiments authorized by law, reported
without amendment.
Mr. PENROSE, from the Committee on Post-Offices and pogt
Roads, to whom were referred the following bills, reported then
severally without amendment and submitted reports there,a, •
A bill (S. 7994) to repeal section 4035 of the Revised
utes, providing for the issuance of money-order notices, and for
other purposes (Report No. 623); and
it
Senate j
reco
stat
1910.
CONGRESSIONAL RECORD—SENATE.
5699
A bill (S. 8062) granting an increase of pension to James B.
A bill (S. 7995) to amend section 3928 of the Revised Stat
utes, to provide for receipts for registered mail, and for other Hudson (with an accompanying paper) ;
A bill (g. 8063) granting an increase of pension to Abby M.
Purposes (Report No. 622).
Knight (with accompanying papers) ;
SYLVIA ISBELL.
A bill (S. 8064) granting an increase of pension to Mary C.
Mr. KEAN, from the Committee to Audit and Control the Danforth
(with an accompanying paper) ;
Contingent Expenses of the Senate, to whom was referred
A bill (S. 8065) granting an increase of pension to Felix
Senate resolution 227, submitted by Mr. P age April 26, re McManus (with an accompanying paper) ;
ported it without amendment, and it was considered by unani
A bill (S. 8006) granting an increase of pension to Reuben II.
mous consent and agreed to, as follows:
Rich (with an accompanying paper) ;
Senate resolution 227.
A bill (S. 8067) granting an increase of pension to William A.
Resolved, That the Secretary of the Senate be, and he hereby is, au
thorized and directed to pay to Sylvia Isbell, widow of William T. Munroe (with an accompanying paper) ;
A
bill (S. 8068) granting an increase of pension to John
Isbell, late a laborer in the Senate of the United States, a sum equal to
six months’ salary at the rate he was receiving by law at the time oi Moore (with an accompanying paper) ;
his demise, said sum to be considered as Including funeral expenses and
A bill (S. 8069) granting an increase of pension to William
a'l other allowances.
Holley (with an accompanying p ap er);
BILLS INTRODUCED.
A bill (S. 8070) granting an increase of pension to Charles
Rills were introduced, read the first time, and, by unanimous L. Dorr (with an accompanying paper) ;
consent, the second time, and referred as follows:
A bill (S. S071) granting an increase of pension to William L.
By Mr. BEVERIDGE:
Hines (with an accompanying paper) ;
A bill (S. S040) granting an increase of pension to David B.
A bill (S. 8072) granting an increase of pension to Henrietta
Ott (with an accompanying paper) ; to the Committee on Pen Jeffery (with accompanying p ap ers); and
sions.
A bill (S. 8073) granting an increase of pension to Mary E.
By Mr. CUMMINS:
Havens (with an accompanying paper) ; to the Committee on
A bill (S. 8041) to promote the safety of travelers by limit Pensions.
ing to fourteen-hour shifts the service of interstate employees
By Mr. WARNER:
in train service on interstate railroads and to provide for stated
A* bill (S. 8074) granting an increase of pension to Hutton
Periods of permitted rest for such employees; to the Committee W illiams; and
on Interstate Commerce.
A bill (S. 8075) granting an increase of pension to Mary S.
A bill (S. 8042) for the relief of Daniel Robinson; to the Tucker (with accompanying paj>ers) ; to the Committee' on
Committee on Claims.
u e n s io u s .
By Mr. DILLINGHAM:
By Mr. CURTIS:
A bill (S. 8043) to amend the act of April 13, 1908, amending
A bill (S. 8076) for the relief of E. N. Smith; to the Com
the interstate-commerce act approved June 29, 1906; to the mittee on Claims.
A bill (S. 8077) granting an increase of pension to Jesse N
Committee on Interstate Commerce.
Albright (witli an accompanying ]<ai>er) ;
By Mr. BURROWS:
A bill (S. 8044) granting an increase of pension to Hiram
A bill (S. 8078) granting an increase of pension to Henry W
Hewitt (with accompanying pap ers);
Mead (with an accompanying paper) ;
A bill (S. 8045) granting an increase of pension to Edwin J.
A bill (S. 8079) granting an increase of pension to Francis M
Walton (with an accompanying p ap er); and
Truax (with accompanying papers) ; and
A bill (S. 8046) granting an increase of pension to Oliver M.
1 bill (8. 8080) granting an increase of pension to Do Witt
Wilcox (with an accompanying paper) ; to the Committee on C. Lukens (with an accompanying p ap er); to the Committee on
Pensions.
Pensions.
A bill (S. 8047) authorizing and directing the Secretary of
Bv Mr. HALE:
War to muster Clement A. Lounsberry as colonel of the Twen
^ b ill (8. 8081) granting an increase of pension to Bennett
tieth Regiment Michigan Volunteer Infantry (with an accom B. Fuller (with accompanying papers) ; to the Committee on
panying paper) ; to the Committee on Military Affairs.
Pensions.
By Mr. PAG E:
By Mr. BURTON:
A bill (S. 8048) granting an increase of pension to Carlos W.
A bill (8. 8082) to correct the military record of Lewis M
Carr (with accompanying papers) ; to the Committee on Pen Miller - to the Committee on Military Affairs.
sions.
Bv Mr. PENROSE:
By Mr. PERCY:
A'bill (S. 80.83) to provide for the handling of mail on which
A bill (S. 8049) for the erection of a public building at insufficient postage is prepaid, and for other purposes; and
Clarksdale, Miss.; to the Committee on Public Buildings and
A b ill (S. 8084) to p ro v id e for mall re c e p ta c le s at residences
Grounds.
a n d p la c e s of b u s in e s s , and for o th e r puriKjses; to t h e Commit
tee
on P ost-O ffices a n d Post-Roads.
By Mr. GALLINGER ;
A bill (S. 8050) granting an increase of pension to William
By Mr. DEPEW •
H. Appleton (w ith accompanying papers) ;
A bill (8. 80S5) to authorize the President to convey to the
A bill (S. 8051) granting an increase of pension to Helen people of Torto Rico certain lands and buildings not needed
G. Evans (with accompanying p ap ers); and
for purposes of the United States; to the Committee on Pacific
A bill (S. 8052) granting an increase of pension to Enoch T. Islands and Porto Rico.
Hanson (with accompanying papers) ; to the Committee on
a m e n d m e n t s to s u n d r y c iv il a p p r o p r ia t io n b il l .
Pensions.
Mr.
CURTIS submitted an amendment proposing to appro
By Mr. H A L E :
A bill (S. 8053) granting an increase of pension to Charles priate $9,444.45 to pay the widow of the late David J. Brewer
H. Hilton (with an accompanying paper) ; to the Committee justice of the Supreme Court of the United States, being a sum
equal to the balance of his salary, etc., intended to lie pro
0n Pensions.
mised by him to the sundry civil appropriation bill, which was
By Mr. SMOOT:
A bill (S. 8054) granting an increase of pension to Lewis A. referred to the Committee on Appropriations and ordered to
*)oane (with an accompanying papor) ; to the committee on be printed.
He also submitted an amendment proposing to appropriate
Pensions.
$2,000 for c o n s tr u c tin g a sidewalk to the national cemetery
Py Mr. ALDRICH :
A bill (g. 8055) to provide for the purchase of a site and the Fort L e a v e n w o r th . Kalis., etc., intended to be proposed by him
erection, of a public building thereon at Narragansett Pier, tm the sundry civil appropriation bill, which was referred to
the Committee on Appropriations and ordered to be printed.
P- I . ; to the Committee on Public Buildings and Grounds.
lie also submitted an amendment proposing to appropriate
A bill (s . 8056) for the relief of Eudora S. Kelly; to the Com
$3,000 for the erection of a monument over the grave of Brig
mittee on Claims.
Gen.
Janies Shields, in St. Mary’s Cemetery, Carrollton, Mo., in
A bill (s . 8057) granting an increase of pension to Anna
tended to be proposed by him to the sundry civil appropriation
H ackett;
A bill (g. 8058) granting an increase of pension to Mary E. bill, which was referred to the Committee on Appropriations
and ordered to be printed.
Harris;
A bill (g. 8059) granting an increase of pension to Caroline
WITHDRAWAL OF PAPERS— CHARLES HARDY.
W. Tanner;
On motion of Mr. Guggenheim, it was
A bill (g. S060) granting an increase of pension to Hannah M.
Ordered, That the papers in the case of Senate bill No. 5351, Sixtv•’lath er;
flrst Congress, second session, granting an increase of pension to Charles
A bill (g. 8061) granting an increase of pension to George T. Hardy, be withdrawn from the files of the Senate, there having been n*
Paicheldor;
adverse report made upon said bill.
5700
CONGRESSIONAL RECORD—SENATE.
SERVICE OF INTERSTATE RAILROAD EMPLOYEES.
Mr. SMOOT. I ask that 2,500 additional copies o f the bill
introduced this morning by the junior Senator from Iowa [Mr.
C u m m i n s ] to promote the safety o f travelers b y limiting em — mt~ - ployees on interstate railroads to fourteen-hour shifts be punted
for the use of the Committee on Interstate Commerce.
There being no objection, the order was reduced to writing
and agreed to, as follows:
May
amendment as follows: In lieu of the sum proposed insert
“ thirty-nine thousand four hundred and forty dollars;” a '
the Senate agree to the same.
That the House recede from its disagreement to the amend
m e n t o f th e S e n a te n u m b e re d 38, a n d a g re e to th e sam e w ith
amendu)cnt as f0n0ws; xn lieu of the matter inserted by J , 1
| amendment insert the following:
P ro v id e d fu rth e r , fJ
rnU 1
...................
> Aunt
>hereafter no illustrations
shall be used. .in. .the annual. report
i*f
any department of the government of the District of Colum
O r d e r e d T h a t 2,500 ad d itio n a l copies of th e hill (S. 8041) to pro
m ote the safety of trav elers by lim iting to fourteen -h o u r sh ifts th e bia; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend
service of in te rs ta te employees in tra in service on in te rs ta te railro ad s
and to provide for s ta te d periods of p erm itted re s t fo r such employees ment of the Senate numbered 41, and agree to the same with n„
be printed for the use of th e Com m ittee on In te rs ta te Commerce.
.A mendment as follows: At the end of said amendment, aft',.*
YELLOW-FEVER COMMISSION.
\ h e word “ necessary,” insert the following: “, to be immediate}!
vailable; ” and the Senate agree to the same.
Mr. OWEN. I present a communication from George M.
That the House recede from its disagreement to the anieI1(«
Sternberg, Surgeon-General United States Army, transmitting a
tent of the Senate numbered Gl, and agree to the same wm
report of the occurrences which led to the appointment of the
nendmeuts as follows: In line 6 of said amendment, after th*
Yellow Fever Commission. I move that the report be printed
ord “ Vernon,” strike out the word “ avenue ” and insert j,?
in connection with the bill (S. 8024) to provide a memorial
eu thereof the word “ street; ” and in line 8 of said amen,}
statue and tablet in honor of the Yellow Fever Commission,
introduced by me, and that it be referred to the Committee on ment, after the word “ Vernon,” strike out the word “ avenue-'
the Library. (S. Doe. No. 520.)
^ ' a n d insert in lieu thereof the word “ street; and the Senate
agree to the same.
The motion was agreed to
That the House recede from its disagreement to the amend
DISTRICT OF COLUMBIA APPROPRIATION BILL.
ment of the Senate numbered 62, and agree to the same with an
Mr. GALLINGER. I submit a conference report on House amendment as follows: In lieu of the sum proposed insert
bill 144G4, the District of Columbia appropriation bill. I will “ eighty-nine thousand one hundred dollars;” and the Senau
state that the report has been read heretofore, and if the Secre agree to the same.
tary will simply read the last page, which shows that on one
That the House recede from its disagreement to the amend
amendment there is still a disagreement, it will be sufficient.
ment of the Senate numbered 63, and agree to the same with an
The report submitted is as follows:
amendment as follows: In lieu of the matter stricken out bv
That the Senate recede from its amendments numbered 7, 8, said amendment insert the following:
“ The Commissioners of the District of Columbia are hereby
12 15 16 19 20, 34, 35, 39, 40, 45, 48, 49, 50, 59, 64, 65, 74, 78,
SI 85, 86, 87, 92, 93, 94, 95, 96, 97, 98, 117, 125, 126, 130, 140, authorized to make the following changes of roadway width*
between
curbs: Eleventh street NW., between I street and r
141 142 143 147, 155, 156, 158, 166, 170, 171, 175, 176, 177, 182,
183! 184! 185, 187, 195, 197, 198, 199, 213, 215, 216, 217, and 218. street, from thirty-five feet to fifty feet; I street NW., between
That the House recede from its disagreement to the amend New Jersey avenue and Third street, from thirty-five feet tn
ments of the Senate numbered 1, 2, 9, 10, 11, 17, 18, 22, 23, 24, thirty-two feet; O street NW., between Fifteenth street and
25 °6 27 28 29, 30, 31, 32, 33, 36, 42, 43, 44, 46, 47, 52, 53, 54, Seventeenth street, from thirty-two feet to thirty feet; Third
55 56’ 57, 58, 60, 66, 69, 70, 72, 73, 76, 77, 79, 80, 82, 84, 89, 90, 99, street NW., between D street and H street, from forty fCet u
100 ~ ~
«~ » dnA imr
11V7 m o 1 1 0 11/» 11K 1 9 1 1 0 9
thirty-two feet; Twenty-sixth street NW., between Pennsyi
vania avenue and M street, from thirty-two feet to fifty f,.A'
123,
Second street NW., between Indiana avenue and I street, froJ
154
192! 202! 203! 204! 205, 20S, 209, 210, 212, 214, 220, 223, 224, 225, forty feet to thirty-two feet; Eighth street SE., between r
street and M street, from fifty-five feet to fifty feet; Fourth
and 226; and agree to the same.
That the House recede from its disagreement to the amend street NE., between East Capitol street and Maryland avenue
ment of the Senate numbered 3, and agree to the same with an from thirty-five feet to thirty-four fe et; Washington Giro! 1
amendment as follows: In lieu of the matter inserted by said NW., from fifty-six feet to forty-five feet; Third street \ p '
amendment insert the following: “ Storekeeper, nine hundred between East Capitol street and Massachusetts avenue, from
dollars; messenger, six hundred dollars; ” and the Senate agree thirty-two feet to thirty fe et; P street NW., between Fourteenth
street and Fifteenth street, from thirty-two feet to forty.flv"
to the same.
That the House recede from its disagreement to the amend feet; O street NW., between Sixth street and Seventh street
from
fifty-seven feet to thirty-two feet; Massachusetts avenue
ment' of the Senate numbered 4, and agree to the same with an
amendment as follows: In lieu of the sum proposed insert NW., between Third street and Fourth street, from thirty w
“ one thousand eight hundred dollars; ” and the Senate agree to fifty feet; H street NW., between Third street and Fourth
street, from thirty-eight feet to thirty-five feet; Twenty-third
That the House recede from Its disagreement to the amend street NW., between Washington Circle and L street, fr,,,*
ment' of the Senate numbered 5, and agree to the same with an thirty-two feet to thirty feet; Corcoran street NW., between
amendment as follows: In lieu of the matter inserted by said Thirteenth street and Fourteenth street, from thirty feet to
amendment insert the following: “ Chief clerk, one thousand twenty-four feet; Second street NE., between East Capitol
street and Massachusetts avenue, from thirty-two feet to thirty
five hundred dollars; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend one feet; G street NW., from New Jersey avenue to Fifth
ment of the Senate numbered 6, and agree to the same with an street, from thirty-five feet to fifty feet; Second street SE. beamendment as follows: In lieu of the sum proposed insert one tween Pennsylvania avenue and C street, from thirty-five ’w
hundred and nine thousand seven hundred and seventy-six dol to thirty feet; Fifth street NW., between M street and \
street, from thirty-two feet or less to thirty feet; Rock Creak
lars; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend Church road NW., east of Georgia avenue, from sixty feet to
ment of the Senate numbered 13, and agree to the same with an thirty-five feet: And provided further, That they are similarly
amendment as follow s: In lieu of the sum proposed insert authorized to change any roadway width by an amount not in
“ twenty-one thousand seven hundred dollars; ” and the Senate excess of one foot whenever hereafter they consider the same
necessary and advisable in connection with the resurfacin'* or
agree to the same.
That the House recede from its disagreement to the amend other improvement of the street.”
And the Senate agree to the same.
ment of the Senate numbered 14, and agree to the same with an
That the House recede from its disagreement to the amend
amendment as follows: Strike out the amended paragraph and
ment of the Senate numbered 67, and agree to the same with
in lieu thereof insert the following:
« For extra labor in the preparation of tax-sale certificates, an amendment as follows: Transpose said amendment and insert the same on page 33 of the bill, between lines 21 and 22 "
with authority to employ clerks, eight hundred dollars.”
and the Senate agree to the same.
’
And the Senate agree to the same.
That the House recede from its disagreement to the amend
That the House recede from its disagreement to the amend
ment of the Senate numbered 21, and agree to the same with an ment of the Senate numbered 68, and agree to the same with
amendment as follows: Strike out all after the word “ clerks,” an amendment as follows: In lieu of the sum proposed
in line 5, down to and including the word “ hours,” in line 6, of “ one hundred and ten thousand dollars; ” and the Senate agree
to the same.
said amendment; and the Senate agree to the same.
That the House recede from its disagreement to the
That the House recede from its disagreement to the amend
ment
of the Senate numbered 70, and agree to the same with
ment of the Senate numbered 37, and agree to the same with an
insert
amend
1910.
CONGRESSIONAL RECORD—SENATE.
and defend himself against the schools of artists in this country.
The very first time that that commission of artists is turned
down in its recommendation, when the law says that you must
have its advice, it will organize a publicity bureau for personal
purposes that will make all the rest we have seen around here
fade into insignificance, and there is nobody who will stand up
before it. Give them that authority, which they have sought
for twenty years, and I expect longer in this country to get
authority of law to dictate to Congress how to build these
statues and whom to employ—open that door, and I say to you
that Congress will lose absolutely the control. It, will be just
as mandatory as if you put it in the statute books that they
shall have that authority.
_ .,
I do not believe in doing it, I will say frankly, Just as I said
in the beginning, because, while I want their advice, t ey aie
not practical enough, as is shown by Statuary Hall. They do
not know enough about the conditions right here locally and
the traditions of this capital to make them the ^ t Judge, of
the models, and I am very certain, from a business standpoint,
that they are not as good Judges as to what artist shall be
employed as a committee of the Senate or House would t e.
am not willing to turn it over to them and abdicate our du y
and responsibility and power, and that is why I offered my
T he^IG E -P R E SID E N T . The Secretary will report the
amendment offered by the Senator from .Montana.
The S e c r e t a r y . It i s p r o p o s e d to a d d at the e n d of s e c t io n
1 the f o l l o w i n g p r o v i s o :
P r o v i d e d , That no statue or monument s ta ll h e r e ^
the District of Columbia to any Person until.fifty'years after tue ueam
Qf- tho person whose memory is to he honored theieDy.
Mr. OWEN. Mr. President, I hope this amendment will not
prevail I introduced a few days ago a proposal for a statue to
be erected in honor of the men known to compose the l e i low
Fever Com m ission-M aj. Walter Reed, Dr. Jaaics Carroil in
Jesse W. Lazear, and Dr. Aristides Agramonte, and.the.other
men, who are heroes of peace. .Those men have taught the
World how to protect itself against yellow fever. They are
the ones who established in this country the medium by which
SenoT fever is re“ l , conveyed, and therefore tonght the world
how to nrotect itself against an epidemic of yellow fever.
Except for their work we would not have been able to build
the Panama Canal The building of the Panama Canal is due
to the work done by the Yellow Fever Commission at Habana.
They o n S t to be rewarded while they are alive. I have no
sympa?£f with offering to a
being afty years afier he^s
dead a reward for good service performed. If that docti me be
true whv not confine the question of monuments to tlie patn
archs"or^perhaps to Adam and go back far enough at one step
to satisfy the Senator from Montana; t°^-whytrtn tL f
nn b
Proposition to Montana? The only objection to that is an
?n which is obvious.
The ^HCE-PREs\DENT?ldDoes the Senator from Oklahoma
yield to the Senator from Montana?
5709
I h o ld in m y h a n d a c o p y o f a l e t t e r a d d r e s s e d to S e n a to r
T illm a n w h ic h d e m o n s t r a te s b e y o n d a n y q u e s tio n t h a t th e
S e n a to r fro m V e rm o n t w a s c o rre c t, a n d I d e s ir e to r e a d it.
__
U n it e d S t a t e s S e n a t e ,
W a s h in g to n , D .
C „ A p r i l 1 2 , 1010.
M r D ear S e n a t o r : S e n a to r D il l in g h a m h a s In q u ire d o f m e a b o u t
h is p a ir w ith you, s a y in g h e h a d a g e n e ra l p a ir w ith you, b u t h e d e
sire d to v o te on th e co m m ittee a m e n d m e n ts to th e r a ilw a y b ill. F o l
lo w ing y o n r in s tr u c tio n s in su ch m a tte r s , I s ta te d to S e n a to r D il
l in g h a m t h a t you h a d ad v ise d m e to c o n fe r w ith S e n a to r B a il e y a s
to a n y ch a n g e o f y o u r p a ir. I h av e c o n fe rre d w ith S e n a to r B a il e y ,
s ta tin g S e n a to r D il l in g h a m s req u est, a n d h e s a y s he sees n o objec
tio n to t h a t a rra n g e m e n t, an d I h av e so in fo rm e d S e n a to r D il l in g
ham.
I f th is is n o t s a tis f a c to r y , p le ase w ire m e a t once so I m a y in
fo rm S e n a to r D il l in g h a m .
V ery sin ce rely ,
J a m es M. B a k e r .
H o n . B. R . T il l m a n , T r e n t o n , S . O .
M r. B a k e r is a c itiz e n o f S o u th C a r o lin a a n d a s s i s t a n t l i b r a
r i a n o f th e S e n a te . T h e l e t t e r c le a r ly s h o w s t h a t th e S e n a to r
fr o m V e rm o n t w a s c o r r e c t t h a t th e S e n a to r fr o m S o u th C a r o
lin a h a d b e en in fo r m e d t h a t lie h a d a p a ir o n ly o n t h e p a s s a g e
o f th e b ill, a n d th e S e n a to r fr o m V e rm o n t w a s e n title d to v o te
o n tlie a m e n d m e n ts .
S e n a to r s o n th i s s id e o f th e C h a m b e r h a v e t h e h ig h e s t r e
s p e c t f o r t h e in te g r ity o f t h e S e n a to r f r o m V e rm o n t a n d k n o w
t h a t h e w o u ld n o t u n d e r a n y c ir c u m s ta n c e s v io la te a p a ir .
THE “ THIRD-DEGREE ” ORDEAL.
T h e V I C E - P R E S I D E N T . T h e C h a i r d e s ir e s to a n n o u n c e th e
a p p o in tm e n t o f th e fo llo w in g S e n a to r s a s m e m b e rs o f t h e c o m
m itte e u n d e r th e s o -c alled “ th i r d - d e g r e e ” r e s o lu tio n (S . R e s .
1 8 6 ), w h ic h w a s p a s s e d o n S a t u r d a y l a s t : T h e S e n a to r f r o m
I d a h o [M r. H eybubn ], th e S e n a to r fr o m K a n s a s [M r. Cu r tis ]
t h e S e n a to r fro m N e b ra s k a [M r. B rown ], th e S e n a to r f r o n i
N o r th C a r o lin a [M r. Overman ], a n d t h e S e n a to r fr o m M is s o u r i
[M r. S tone ].
M r. H E Y B F R N . M r. P r e s id e n t, w h ile I re c o g n iz e tlie d u ty
a n d th e h o n o r, I fe e l i t is o n ly f a i r to s a y t h a t t h e w o r k w h ic h
I h a v e a lr e a d y o n h a n d , in th e w a y o f in v e s t ig a ti o n s a n d th e
c u r r e n t w o rk a n d tlie c o m m itte e w o rk , is s u c h a s to m a k e i t
u n d e s ir a b le t h a t I s h o u ld u n d e r ta k e t h i s a d d itio n a l d u ty . I
h a v e th e ju d i c i a r y t i t l e h e re , w h ic h is w a itin g f o r a c tio n
w h e n e v e r th e r e is o p p o r tu n ity , th e in v e s tig a tio n o f t h e c o ld s to ra g e p ro p o s itio n , a n d a n u m b e r o f o th e r m a tte r s , a n d I
a s k to be e x c u s e d fro m s e r v in g u p o n t h i s c o m m itte e .
T h e V I C E - P R E S I D E N T . I s th e r e o b je c tio n to e x c u s in g th e
S e n a to r fro m I d a h o ? T h e C h a i r h e a r s n o n e . T h e C h a i r w ill
n a m e th e S e n a to r fro m K a n s a s [M r. C urtis ] a s c h a i r m a n o f
th e c o m m itte e , a n d in th e p la c e o f th e S e n a to r fr o m I d a h o w ill
n a m e th e j u n io r S e n a to r fr o m I d a h o [M r. B orah ] a s t h e t h i r d
m e m b e r o f th e c o m m itte e .
farmers ’ bulletin no .
391.
T h e V I C E - P R E S I D E N T la id b e fo re th e S e n a te t h e a c tio n o f
th e H o u se o f R e p r e s e n ta tiv e s d is a g r e e in g to th e a m e n d m e n t o f
th e S e n a te to th e J o in t re s o lu tio n ( H . J . R e s . 19 1 ) to p ro v id e
f o r th e p r in t in g a s a H o u s e d o c u m e n t o f 1,000,000 c o p ie s o f
F a r m e r s ’ Bulletin No, 391, a n d r e q u e s tin g a c o n fe re n c e w ith
th e S e n a te on th e d is a g r e e in g v o te s o f t h e tw o H o u s e s th e r e o n
M r. SM O O T . I
W
»
S e n a te i n s is t u p o n i ts a m e n d
m e n t, t h a t i t a g r e e to th e r e q u e s t o f t h e H o u s e f o r a c o n fe r
en ce, a n d t h a t th e c o n fe re e s o n tlie p a r t o f th e S e n a te b e a p
p o in te d b y th e V ic e -P re s id e n t.
T h e motion w as agreed to; and the Vice-President appointed
as the conferees on the part of the Senate Mr. S moot, Mr
~ M r. C A irrERYei'd id not hear the observation of the S t a t o r
from Oklahoma, but I rise to make a su g g e s tio n to th e S e n a
I presented this amendment not with a v lew tc» pro. oki g
bate or retarding the passage of this bill before the c u.
the morning hour. Therefore, if it is agreeable to the Sen. or,
Gallingeb, and Mr. C hamberlain .
I will withdraw the amendment, to th e c n d th a ttlie bi
height of buildings in the district .
Passed upon before the close of the morning hour.
Mr. OWEN I thank the Senator from .Montana.
M r. M A R T IN . I n s k u n a n im o u s c o n s e n t f o r t h e p r e s e n t
The VICE-PRESIDENT. Is there objection to the with consideration o f th e bill (II. R. 19070) to r e g u la te th e h e ig h t o f
drawal of the amendment? The Chair hears none.
b u ild in g s in tlie D i s t r i c t o f C o lu m b ia .
The amendment was ordered to be engrossed, and the bill to
T h e V I C E - P R E S I D E N T . I s t h e r e o b je c tio n to p r e s e n t c o n
s id e r a tio n ?
be read a third time.
,
The bill was read the third Erne and parsed.
M r. K E A N . L e t th e b ill b e r e a d first.
COMMERCE COURT— PAIR OF SENATORS DILLINGHAM AND TILLMAN.
Mr. CLAY Mr. President, Friday last when the Senate
had under consideration the amendment of the Senator from
Iowa TMr C u m m i n s ] to the amendment of the Senator from
West vfrginYMMr! E l k i n s ] to the bill (S. 6737) to create a
court of commerce and to amend the act entitled An act to
regulate commerce,” approved February 4, 18S7, as heretofore
amended, and for other purposes, a. difference of recollection ex
isted as to the pair of the senior Senator •from South Carolina
I Mr. T i l l m a n ] with the senior'Senator from Vermont [Mr.
D i l l i n g h a m ] . Some of the friends of the senior Senator from
South Carolina thought that he was paired with the Senator
from Vermont on the bill and amendments. The recollection or
fbe Senator from Vermont was to the effect that he was paired
ooly on the passage of the bill.
T h e V IC E - P R E S I D E N T . T h e S e c r e ta r y w ill r e a d t h e b ill
f o r th e in f o r m a tio n o f th e S e n a te .
T h e S e c r e ta r y r e a d t h e b i l l ; a n d t h e r e b e in g n o o b je c tio n t h e
S e n a te , a s in C o m m itte e o f th e Whole, proceeded to i ts c o n s id
e r a tio n .
„
..
u
,
,,
M r. C A R T E R . B y d ir e c tio n o f th e c o m m itte e I p ro p o s e th e
a m e n d m e n ts in d ic a te d o n p a g e s 4 a n d 5 o f th e p r i n t w h ic h I
se n d to th e d e sk .
T h e VICE-PRESIDENT. T h e S e n a to r fr o m M o n ta n a o ffe rs
a m e n d m e n ts , w h ic h w ill b e s ta te d .
Tlie iii'st a m e n d m e n t w a s, in s e c tio n 4. page 4. lin e 1, a f t e r
th e w o rd “ D is tr ic t,” to s tr ik e o u t “ a n d h a s since b e e n a p
p ro v e d b y tw o o f tlie c o m m is s io n e rs o f said District as in c o n
fo r m ity w ith th e b u ild in g r e g u la tio n s o f s a id District in fo r c e
a t th e tim e w h e n f i l e d ; ” in lin e 5, a f t e r th e w o rd “ b u ild in g s ,”
5710
CONGRESSIONAL RECORD—SENATE.
to strike out “ in said D istrict;” in line G, after the word
“ person” to insert “ in square 345 of said D istrict;” in line
7, after the word “ so,” to strike out “ approved” and insert
“’filed; ” in line 10, after the word “ shall,” to strike out “ see
only that such dome is constructed as set forth ” and insert
“ make no changes; ” and in line 11, after the word “ specifica
tions,” to insert “ unless for the structural safety of the build
ing it is necessary to do so,” so as to make the clause read:
Tnw pis snires or domes, h e rea fter constructed more th a n 60
fe e t nhnve th e sidew alk, m ust be of fireproof m a te ria l from th e founda
tion un and m ust be separated from th e roof space, choir lo ft, or bal
conv bv brick w alls w ith o u t openings, unless such openings a re pro
tee ted bv fireproof or metal-covered doors on each face of th e wall.
T h a t full power and a u th o rity is hereby g ran ted to and conferred upon
everv person whose application w as filed in th e office of th e com mis
sioners of th e D istric t of Colum bia p rio r to th e adoption of th e p resen t
building regulations of said D is tric t to co n stru c t a steel fireproof dome
on anv buildings owned by such person in square 345 of said D istric t
as set fo rth in th e plans and specifications annexed to or form ing a
p a rt of such applications so filed, any o th e r provision in th is net con
tained to th e co n trary n o tw ith stan d in g . And the inspector of build
ings of said D is tric t sh all m ake no changes in said p lan s and specitt
cations, unless for th e s tru c tu ra l safety of th e building it is necessary
to do so.
Tlie amendment was agreed to.
The next amendment was, on page 5, section 5, line 17, after
the word “ designated,” to insert “ except on the north side of
Pennsylvania avenue between Eleventh and Twelfth streets
NW., where an extreme height of 1G0 feet will be permitted, so
as to make the paragraph read:
No building sh all be erected, altered , or raised in
exceed th e heig h t of 130 feet on a business stre e t or avenue as tn e
sam e is now or h e rea fter may be law fully designated,
, t
ts
n o rth side of P en n sy lv an ia avenue te tw e e n Eleventh iand T w elfth s tre e ts
NW., w here an extrem e h eig h t of 160 feet w ill be perm itted .
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
, . ,
.
The amendments were ordered to be engrossed, and the bill to
be read a third time.
The bill was read the third time, and passed.
THEODORE F. COLGBOVE.
Mr FLETCHER. I ask unanimous consent for the present
consideration of the bill (H. R. 6542) for the relief of Theodore
There being no objection, the Senate, as in Committee of the
Whole proceeded to the consideration of the bill. It provides
that in the administration of the pension laws Theodore F.
Coigrove shall hereafter be held and considered to have been
honorably discharged from the military service of the United
States as a lieutenant-colonel of the One hundred and fortyseventh Regiment Indiana Infantry, on the 30th day of Septem
ber, 1865.
. . .
.
The bill was reported to the Senate without amendment, or
dered to a third reading, read the third time, and passed.
HEIRS OF GEORGE S. THEBO.
Mr OWEN I ask that the bill (S. 3199) for the relief of
the heirs of George S. Thebo go over under Rule IX.
The VICE-PRESIDENT. Is there objection to the request
of the Senator from Oklahoma? The Chair hears none, and
the transfer is made.
COURT OF COMMERCE, ETC.
The VICE-PRESIDENT. The hour of 2 o’clock having ar
rived, the Chair lays before the Senate the unfinished business,
which is Senate bill 6737.
The Senate, as in Committee of the Whole, resumed the con
sideration of the bill (S. 6737) to create a court of commerce
and to amend the act entitled “An act to regulate commerce,”
approved February 4,1887, as heretofore amended, and for other
purposes.
Mr. ELKINS. Mr. President, In view of the prolonged debate
that we have had upon section 7 of the bill and the doubts en
tertained as to its legal interpretation, and some confusion in
the minds of many Senators as to whether it repeals the anti
trust law or not, I propose on behalf of a majority of the Inter
state Commerce Committee to support the amendment offered
by the junior Senator from Georgia [Mr. Clay] to strike out
the seventh section.
In order to reach this, it will be necessary to vote on the pend
ing amendment to the amendment of the junior Senator from
Iowa, and I will move at the conclusion of my remarks to lay
on the table the amendment of the Senator from Iowa [Mr.
Cu m m in s ] to the amendment. After that, If my motion pre
vails, I will ask the permission of the Senate to withdraw what
is known as the Elkins-Crawford amendment.
These being disposed of, then a majority of the committee
directs me to state that they will support the amendment offered
by the Senator from Georgia to strike o.ut the seventh section.
May 3j
The committee also instructs me to say that it will, W},e
reached, support the motion of the senior Senator from Min.
nesota [Mr. N elson ] to strike out section 12 of the bill.
I now move to lay on the table the amendment of the Senator from Iowa to the Crawford amendment.
Mr CUMMINS. Mr. President----The PRESIDING OFFICER (Mr. B randegee in the chair)
The Senator from West Virginia moves to lay the pending
amendment to the amendment on the table.
Mr. CUMMINS. I ask the Senator from West Virginia to
withhold that motion for a moment.
The PRESIDING OFFICER. Does the Senator from West
Virginia withhold the motion?
Mr. ELKINS. Yes, sir; for a moment, not for a speech. j a
it just for a question?
Mr. CUMMINS. I assume the Senator from West Virginia
has had so much experience with me that whenever he sees me
ou my feet he assumes that a speech is about to follow. However, I reassure him upon this point. I do not rise for tin,
purpose of making a speech.
As Senators all know, I have been deeply opposed to section
7 for reasons which I have endeavored to lay before the Senate
at various times during the progress of the debate. I have be
lieved during all the debate, however, that if section 7 were
amended so that the rates were required to be approved before
they went into effect it might have a very beneficial effect upon
the business of the country.
However, I am so much gratified to know that we are about
to see the section entirely disappear from this discussion that
I will with the permission of the Senate, withdraw the amend
ment that I have offered to the amendment proposed by the
Senator from West Virginia.
But, in order to be entirely candid, I must be permitted to
say that when we reach section 9 of the bill I intend to propose
an amendment to that section of the same effect as is the
amendment I have now pending, except that it will cover all
increases in rates proposed by the railway companies and fiiwj
with the Interstate Commerce Commission.
Therefore I ask the permission of the Senate to withdraw the
amendment which I have proposed to that offered by the s en
ator from West Virginia, but I do it, it will be remembered'
upon the statement made by the Senator from West Virginia
that the majority of the committee favor and will support the
amendment proposed by the Senator from Georgia, which
strikes section 7 entirely from the bill.
Mr. ELKINS. Mr. President, I thank the Senator for his
consideration.
The PRESIDING OFFICER. Then the Senator from West
Virginia does not move to lay the amendment to the amendment
on the table?
Mr. ELKINS. In view of the statement of the Senator from
Iowa, I do not press my motion.
The PRESIDING OFFICER. The Senator from Iowa asks
unanimous consent to withdraw the amendment which lie has
offered to the amendment. Is there objection? The Chair
hears none, and the amendment to the amendment is with
drawn.
Mr. ELKINS. Now I ask the permission of the Senate to
withdraw what is known as the Crawford-Elkins amendment
to section 7 of the bill.
The PRESIDING OFFICER. Is there objection to the re
quest of the Senator from West Virginia?
Mr. CRAWFORD. Mr. President, I am not going to make
any speech, but I am going to express my disappointment at
this sweeping abandonment of what was a plank in the Re
publican platform and what was a clear, clean-cut, specific
recommendation of the President and of tlie Interstate Com
meree Commission. It is my deliberate judgment that the
amendment which I offered, and the second amendment which
the Senator from Iowa offered, taken together, would make a
workable section and a section which would be a redemption of
the party pledge.
But the action decided upon seems to be settled here and I
am helpless in the matter. However, I express my
against the deliberate abandonment of what I think is our plain
duty, to make this section as workable as the following sections
which I think could be done.
The PRESIDING OFFICER. Is there objection to the re
quest of the Senator from West Virginia to withdraw the pend
ing amendment? The Chair, hears none, and the Crawford
amendment is withdrawn.
Mr. HEYBURN. Mr. President, that disposes of section 7
and all amendments?
Mr. ALDRICH. Not yet. The amendment of the Senator
from Georgia [Mr. Clay] has not been acted upon.
protest
CONGRESSIONAL RECORD—SENATE.
1910.
5767
Mr. GALLINGER. Yes; the concluding part of General
1ms frequently settled that question by passing measures of
Ainsworth’s letter.
this kind wherever the circumstances warranted it.
Mr. BROWN. General Ainsworth, after giving the record of
This is a case where a young boy enlisted in 1S65, when there
was difficulty in getting men. The country had been rather this soldier, which I have read, concludes:
T h e ap p lic a tio n f o r rem o v al of th e c h a rg e o f d e s e rtio n in th i s case
well exhausted. He answered the call and was enlisted. He
been re p e a te d ly d en ied , a n d now s ta n d s d en ied , on th e g ro u n d t h a t
served from January, the date of his enlistment, with his com- hthaes so
ld ie r d id n o t serv e s ix m o n th s p r io r to M ay 1, 1865.
Pany. it was but a short time until the war practically was
How could he? He did not enlist until January.
over, and there was nothing for his company or for him to do
Mr. GALLINGER. Read the rest of i t
except to obey orders and stay with his company. This he did,
Mr. BROWN. I will.
Mr.President, according to the testimony here, until he heard from
nd t h a t i t a p p e a rs fro m h is ow n s ta te m e n ts t h a t h e w a s n o t p r e
home. He was located at Louisville; his little family was in v e A
n te d fro m co m p letin g h is te rm of en listm en t, b y d is a b ility in c u rre d in
Indiana. H is only child, an infant, was reported by his wife to th e lin e of d u ty , an d because th e case docs n o t com e w ith in a n y o f th e
he fatally sick. Without stopping to get leave from his officers o th e r p ro v isio n s of th e a c t o f C o n g ress ap p ro v ed M arch 2, 1889, w h ich
is th e o n ly law now in force g o v ern in g th e su b je c t of rem o v al of c h a rg e s
he went home to attend that child and to bury it.
o f d esertio n .
Those are the circumstances under which he left the se n ice.
That is the concluding paragraph.
Re returned to the service, and there can be no doubt about it,
It goes without saying that there is no existing law under
if the testimony of his officers is to have any weight with the which this man can be restored to a pensionable status. The
War Department could do nothing else on the face of the record.
I want to read from just one witness as to whether or not he It is the province of Congress though, to do what present lawr°torued; and this is the testimony of the captain of his com - does not provide, if the circumstances warrant it.
:
\
I undertake to say that during my short service in the Senate
, H a rris o n S te w a rt, afeed 71 y e a rs , w hose resid e n ce an d
re J?™ there never has been a case presented where Congress ought to
'Ire**-n? K okom o. XndL being firs t d u ly sw o rn , d.eP°®esTJ ^ ®* yv o lu n te e r
c a p ta in o f C om pany H , O ne h u n d re d an d fifty -th ird I n d ia n a _ \o l u n te e r extend relief so much as the one at bar.
I n fa n try , a n d w as 'in th e im m e d ia te com m and o f said com pany d u rin g
' i sincerely hope the report of the committee will be adopted
* ‘e m o n th of J u ly , 180.1. a n d u n til s a id com pany w as a u s t e r e i o u t o t
th e m ilita ry serv ic e of th e U n ite d S ta te s in September fo llo w in g , tn a t by the Senate, and that the bill will be passed.
Mr. JOHNSTON. Mr. President, the Senator from Nebraska
I never o rd ered th e above-nam ed J o h n W . T h ° ^ a ?„V>l1e V a s Pso m m r te d
d eserter ; t h a t I d id n o t re g a rd h im a s a d e s e rte r t h a t he v as so re p o rte a says the records of the War Department show the beneficiary
hy th e o rd e rly s e rg e a n t of m y com p an y w ith o u t m y
returned
to his company. I am going to read from the report
niy k n o w led g e ; t h a t J o h n W. T h o m as w as a b s e n t w ith o u t le in e a le w
days in J u ly , 1 8 6 5 ; t h a t h e r e tu rn e d to d u ty a s soon a s in s childIs of the majority what the record shows:
flekness (o n a c c o u n t o f w h ich h e le ft h is co m m and) te rin in a te d , th a t
H e n ev er, how ever, rejo in ed h is co m m an d , a n d th e re b y becam e a
Senate.
“ Pen h is r e t u r n h e w e n t on d u ty a s u s u a l a n d “ “ tta ie d l to, do
reg u larly u n til th e com m and w as m u s te re d o u t , t h a t I h a v e no in tc ie s t
,n th is a p p lic a tio n , am n o t co n cern ed in it s p ro se c u tio n , a n d am no
E la te d to th e a p p lic a n t.
#
.
. That affidavit is corroborated by the testimony of the first:
Keutenant of the company. It is corroborated by the uncontra’Hcted testimony of one of the men, who now lives in Indiana
wbo went back to the company w ith this boy after he had
buried his child.
.. . tl p is
It is idle to stand before the Senate and argne that th e r e is
n° testimony here that he returned to his company. He did
return to his company.
Mr. LODGE. He himself says he did n ot
Mr. BROWN. The fragment of his statement which was
Quoted says he was not there when it was mustered out.
Mr. FRAZIER. Mr. President----- ,
. T.
„
The VICE-PRESIDENT. Does the Senator from Nebraska
to the Senator from Tennessee?
.
Mr. BROWN. In just a moment From the views of the
Minority let me read one sentence.
Mr. FRAZIER. W ill the Senator allow me to ask mm a
Question?
Mr. BROWN. In just a moment, if the Senator will allow
me. The views of the minority read as follow s:
yield
T h e record o f the W a r Department sh o w s t h a t Thomas
7 24 1865, and detected J u n e 23, 1865, a n d n ev e r re tu rn e d to h is
Lament thereafter.
Yet here is the War Department record, and I read from
that:
1, ' VlVle a b s e n t w ith o u t leave he w as a d m itte d J u ly 9, 1
to p o st
^
“ al, T a y lo r B a rra c k s, L o u isv ille , K y., w ith d eb ility , a n d w as
tu rn ed to (1. e., p ro n o u n ced fit fo r) d u ty J u ly l o , l» b o .
So the views
of
the
m in o rity
on
what the record
o f th e
jYnr Department shows are disputed by the record itself, which
Mr. GALLJNGER. Will the Senator read the concluding
Paragraph of General Ainsworth’s statement on page 3 •
.
Mr. BROWN. Y e s; I will, but first I will yield to the Senator
*
Tennessee
Mr. FRAZIER. I f this man really returned to his regiment
was there when the regiment was mustered out, why was
not honorably discharged with the other soldiers that \Neic
mustered out
that time?
Mr. BROWN. I do not know.
.
.
....
Mr. FRAZIER The War Department records show that he
jmver did return! H is own affidavit shows he never returned.
1no record shows he never did return and was a deserter.
Mr. BROWN. The record shows he was not there when the
company was mustered out in September, but that he returned
’he regiment there is no dispute by anybody. H is officers are
"hipetent witnesses; and who disputes them? The records of
ue War Department show he was back there in July and in the
. N’itnl sick. H is testimony was that he returned sick, was
_en sick, and was not there when they were mustered out.
r w ? o Senator from New Hampshire asked me to read from the
at
2 3 , l M s f c t 'L o u i s v i l l e , Ky.
Now, Thomas himself—and he onght to know—says:
Arv w ife a n d ch ild w ere v ery sick, w r itin g me to com e to th e m , w h ich
T did in te n d in g to r e tu r n v ery soon, b u t w a s ta k e n sick m y self a n d w as
wholly u n ab le to tra v e l u n til a f t e r my re g im e n t w a s m u s te re d o u t of
th e m ilita ry serv ice a n d th e m em bers h a d gone to th e ir re s p e c tiv e
homes.
,
_
..
That is what he swears to. Here are the captain and lieu
tenant of his company, forty-three years after the event hapnened swearing that he was absent only a few days and re
turned and that they did not know that he had been reported as
n deserter If he had returned, he would have been mustered
out with ills company. So it is perfectly clear he never did
return He himself swears he did not, and there Is no evidence
in the'world that he ever rendered any service whatever to the
co u n try
He not only did not return, but he never was engaged
in anv service of value to his country.
Mr. CLARK of Wyoming. Will the Senator from Alabama
allow an Interruption?
Mr JOHNSTON. Certainly.
Mr CLARK of Wyoming. I should like to know what con
sideration the Senator from Alabama gives to the hospital rec
o rd which was cited by the Senator from Nebraska?
Mr JOHNSTON. I say lie never returned to his company,
and that is what the War Department record shows and what
he himself swears to.
Mr CLARK of Wyoming. I understood the Senator to state
that he never returned from his home.
Mr JOHNSTON. No; he never returned to his company, I
cnid and I stated his own language here exactly, that he never
returned at all after he left his company.
Mr BROWN. If the tompany had been In the hospital, the
Senator’s position would be that he returned to his company,
h u t because he returned to the hospital, having been sick and
hnvine been put there by the military authorities, and his comnanv being outside of the hospital, the argument of the Senator
is t h a t he did not return to his company.
Mr JOHNSTON. I knew the confederates had been pretty
effective but I never heard of their putting a whole company
in the hospital at one time and the survivors getting back and
finding all their company in hospital.
I am autte ready to vote for a pension for any faithful, gal
lant veteran federal soldier, but I am not willing to have
these deserters put upon the rolls and draw a pension from the
Government for services that they never rendered.
Mr BROWN. Mr. President, just a word. It seems to me
the charge that this young boy was a deserter comes with very
noor authority from any Senator in the United States when the
officers under whose command he was, every one of them to a
man regarded him as anything else but a deserter.
Mr JOHNSTON. All the officers say he returned to his comDanv and was mustered out, but the records of the department
show that that is not true. I will not charge the officers with
CONGRESSIONAL RECORD—SENATE.
5768
swearing falsely, but it appears that forty-three years after the
war they want to help out this man. Evidently he was a boy
in the Senator’s imagination.
Mr. OVERMAN. Mr. President, I want to say that we have
often passed bills for relief where men have done fighting,
where they have rendered service to the Government; but we
have never yet passed a bill to relieve a man who never did any
fighting, wlio was only about three months in the army, and
where the records show that he never returned to it.
The VICE-PRESIDENT. The question is, Shall the bill be
ordered to a third reading? [Putting the question.]
Mr. GALLINGER. I call for a division.
Mr. BROWN. I call for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
T il l m a n ], who is absent. Not knowing how he would vote, I
withhold my vote.
Mr. MONEY (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. W arren ], This is
not a political question, but I do not know how the Senator from
Wyoming would vote. So I withhold my vote.
Mr. SHIVELY (when his name was called). I have a gen
eral pair with the Senator from Ohio [Mr. D ic k ], and I with
hold mv vote.
Mr. CLARK of Wyoming (when Mr. W arren’s name was
called). My colleague [Mr. W arren ] is unavoidably absent
from the Chamber and the city. He has a general pair with
the senior Senator from Mississippi [Mr. Money ].
The roll call was concluded.
Mr. ELKINS. I have a general pair with the Senator from
Texas [Air. B ailey ]. I do not know how he would vote, and I
withhold my vote.
,
.. '
... ..
Mr. BRADLEY. I have a general pair for the day with the
Senator from Tennessee [Mr. Taylor],
Mr. CHAMBERLAIN. I am paired with the junior Senator
from Pennsylvania [Mr. Oliver ]. If he were here, I would
vote “ nay.”
Air. OVERA1AN. I desire to announce that the junior Sena
tor from Louisiana [Mr. F oster] was called from the Cham
ber by important business.
Air. JOHNSTON. I desire to announce that the senior Sena
tor from Maryland [Mr. R a yne r ] is paired with the Senator
from Delaware [Air. R ichardson ].
The result was announced—yeas 15, nays 33, as follows:
B orah
Bourne
Brown
Bulkeley
Bacon
Brandegee
Bristow
Burnham
Burrows
Burton
Carter
Clarke, Ark.
Clay
Aldrich
Bailey
Bankhead
Beveridge
Bradley
Briggs
B urkett
Chamberlain
Crane
Culberson
Cullom
YEAS— 15.
C u rtis
Dixon
Dol liver
du P o n t
NAYS— 33.
Jo n es
D avis
K ean
Depew
Lodge
F letch er
S la rtin
F razier
O verm an
G allinger
P age
Gore
P a y n te r
G uggenheim
P enrose
H ughes
P erk in s
Jo hnston
NOT VOTING— 44.
McC umber
D aniel
M cEnery
Dick
Money
D illingham
Nelson
E lkins
N ew lands
F lin t
Nixon
F o ster
F ry e
O liver
H ale
•—D jyen
H eyburn
P ercy
Da F o lle tte
R ayner
Lorim er
R ichardson
Clapp
C lark, Wyo.
C raw ford
Cumm ins
Gamble
S tephenson
W arner
P iles
P u rcell
S cott
Smoot
Stone
W etm ore
Root
Shively
Simmons
Sm ith, Md.
Sm ith, Mich.
Sm ith. S. C.
S u th erlan d
T a lia fe rro
T aylor
T illm an
W arren
powder during the civil war, according R> his own stntf i
and he iIsf on the
records
without any
^
J as a deserter,
J
ay p x c i,8o
The VICE-PRESIDEN
5NT. The Senator from Tennessee
Tennpua _
*>»)
jects,
WARREN
e . day.
Air. GALLINGER. Let the next bill on the calendar bo
The VICE-PRESIDENT. The Secretary will annoUU(J >H
next bill on the calendar.
th*
The bill (S. 1257) for the relief of Dr. Warren E. Dnv
announced as next in order on the calendar; and the Seniit " :i*
in Committee of the AVhole, proceeded to its consideration l"'
The bill was reported from the Committee on Claims «i,',
amendment, in line 6, before the word “ hundred,” to strike an
“ six ” and insert “ two,” so as to make the bill read:
e 0Qt
Be it enacted, etc., T h a t th e S ecretary of th e T re asu ry be. nnu v
hereby, au th o rized and d irected to pay to Dr. W arren E. j>av 1 '>*
anv monevs in th e T re asu ry n o t o therw ise ap p ro p riated , t h e ’.? " ' of
81*200, being fo r p rofessional services rendered and medicine f»,r ln> <*f
th e H u alap a! In d ia n s in A rizona T e rrito ry , u n d er th e orders »
proval of the C om m issioner of In d ia n A ffairs, d u rin g th e year 1 *|.
and 1884.
rs IM j
The amendment was agreed to.
Air. GALLINGER. I move to strike out the word “ Boot
in line 4, before the name “ Warren E. Day.”
The amendment was agreed to.
The bill was reported to the Senate as amended and
amendment concurred in.
The bill was ordered to be engrossed for a third reading the third time, and passed.
’ **®<1
The title was amended so as to read: “A bill for the reiw
Warren E. Day.”
°f
NATURALIZATION OF ALIENS.
The bill (S. 4020) to provide for the naturalization of al,
who have served or shall hereafter serve for one enlistment***1*
four years in the United States Navy or Marine Corps 0r f
four years in the naval auxiliary service was considered „ *0f
Committee of the Whole.
8U
The bill was reported from the Committee on Naval Aff
with amendments, on page 1, line 9, after the word “ servlC
sem-i er*
to insert “ or who has served or may hereafter serve four
year*
in the Revenue-Cutter Service and who has received thereto
an honorable discharge or an ordinary discharge with r,H.r,|,li
mendation for reenlistment; ” on page 2, line 8, after the w0ni'
“ sources,” to insert the words “ or, in the case of an alifin 0r'l
has served in the Revenue-Cutter Service, by competent nr 1
from the Revenue-Cutter Service;” and in line 12, after
word “ service,” to insert the words “ or Revenue-Cutter
ice,” so as to make the bill read:
B e i t e n a c t e d , e t c . , T h a t any alien of th e age of 21 y ears and un
who h as served or may h ere a fte r serve for one en listm e n t of four ar,l
in th e U nited S tates N avy or M arine Corps an d who h as received n f ar*
from an honorable d ischarge or a n o rd in a ry d ischarge w ith recomm* r*
tio n fo r reen listm en t, o r who h as com pleted fo u r y ears of honr.» !l
service in th e n av al au x ilia ry service, o r who h as served or mav k ’**
a fte r serve fo u r y ears in th e R evenue-C utter Service an d who h» r“
ceived th erefro m an honorable d ischarge or an o rd in a ry diseharrrp ,r,‘
recom m endation fo r reen listm en t, sh all be ad m itted to become a ,.i,T“ k
of th e U nited S tates upon his p etitio n w ith o u t any previous rtlii1***
tio n of his in ten tio n to become such and w ith o u t pro o f of residen, r>shore, an d th e co u rt a d m ittin g such alien shall. In ad d itio n to , °®
of good m oral ch a ra cte r, be satisfied by com petent proof from
sources, or, in th e case of an alien who h as served in th e R o v * ® 1
C u tte r Service, by com petent proof from th e R evenue-C utter u,.!0'"of such s e rv ic e : P r o v i d e d , T h a t an honorable d isch arg e from the * v '♦
M arine Corps, or th e n av al a u x ilia ry service, o r th e Revenue r . U
Service, o r an o rd in ary d ischarge w ith recom m endation fo r reeniV<‘r
m ent, sh all be accepted as proof of good m oral c h a ra c te r- /v ... .■ T
f u r t h e r , T h a t an y co u rt w hich now h as o r m ay h ere a fte r be given !
d iction to n a tu ra liz e alien s as citizens of th e U n ited S tates ma i u!1*
m ediately n a tu ra liz e any alien ap p lying u n d er an d fu rn ish in g
proof prescribed by th e foregoing provisions.
The amendments were agreed to.
The bill was reported to the Senate as amended, and th
amendments were concurred in.
The bill was ordered to be engrossed for a third reading re. a
the third time, and passed.
’ ^
Mr. KEAN. I desire to ask the Senator from Califomi
[Air. P e r k in s ] a question. Is the bill absolutely confined to ,
listed men?
Air. PERKINS. It is.
The title was amended so as to read: “A bill to provide f
the naturalization of aliens who have served or shall heron ft
serve for one enlistment of four years in the United stat '*
Navy or Marine Corps, or for four years in the naval auxin-,
service, or in the Revenue-Cutter Service.”
3 refused to order the bill to a third reading.
Mr. BROWN. I ask unanimous consent that the vote just
had be reconsidered for the purpose of moving the recommittal
of the bill to the Committee on Military Affairs. It is my pur
pose when the bill goes to that committee that it may be con
sidered and amended so as to allow this man the right of entry
to the Soldiers’ Home. I presume there will be no objection
to it.
The VICE-PRESIDENT. The Senator from Nebraska asks
unanimous consent to reconsider the vote by which the Senate
refused to order the bill to a third reading, and that the bill
PENSION APPROPRIATION BILL.
be recommitted to the Committee on Military Affairs. Is there
Mr. SCOTT. I move to take up House bill 20578, the pension
objection?
Mr. FRAZIER. Mr. President, I think I will have to object appropriation bill.
Mr. GORE. Mr. President, before the Senate proceeds with
to that. This case is a very bad one. If it had any merit
whatever, I would not object; but this man never smelt gun the appropriation bill I should like to ask what the next number
CONGRESSIONAL RECORD—SENATE.
1910.
basin of tlie Tuolumne River for a water supply for its homes
and industries, which was referred to the Committee on the
Geological Survey.
He also presented a petition of Local Grange No. 54, Patrons
of Husbandry, of Plainville, Conn., praying that an appropria
tion be made for the extension of the work of the Office of
Public Roads, Department of Agriculture, which was referred
to the Committee on Agriculture and Forestry.
He also presented a petition of sundry citizens of Newton,
Kans., praying for the enactment of legislation providing for
the admission of publications of fraternal societies to the mail
as second-class matter, which was referred to the Committee on
Post-Offices and Post-Roads.
Mr ROOT presented a petition of the Chamber of Commerce
and Manufacturers’ Club of Buffalo, N. Y., praying for the en
actment of legislation to retain as executive officer of the LightHouse Board and as inspectors of the several districts men who
have had practical experience at sea, which was referred to the
Committee on Commerce.
Mr. OWEN. I present resolutions adopted by the National
Conference of State and Provincial Boards of Health of North
America, at their annual session in the city of Washington,
April 29, 1910. I ask that the resolutions be printed in the
R ecord and referred to the Committee on Public H ealth and
National Quarantine.
There being no objection, the resolutions were referred to
the Committee on Public Health and National Quarantine
and ordered to be printed in the R e c o r d , as follows:
/
Whereas health Is the chief asset of any people constituting as ffc
does, the foundation on which rests efficiency, prosperity, and happi-A
ness: and
.
._. . .
Whereas In a dual form of goyernment such as ours a central fed
eral health department is necessary to the proper and emcient promotion of this great cause: Therefore be it
Resolved, That it is the sense of the National Conference of State
and Provincial Boards of Health of North America, the membership
of which is composed chiefly of representatives of the state and terri
torial boards of health of the United States, in annual session assem
bled, that a national department of health, of equal dignity and power
with the other departments of the Government, having at its head a
secretary of public health with a seat in the Cabinet of the President,
should he established without delay.
, c
..
Resolved, That to this end we recommend the passage of Senate
hill 6049, now pending, or essentially similar legislation.
Resolved, That a copy of these resolutions be sent to the President
and to each Member of the Senate and of the House of Repre
sentatives.
CLAIMS OF POSTMASTERS.
5949
POSTAL SERVICE.
Mr. PENROSE. I have here two bills introduced by me at
the request of the Postmaster-General which will provide econo
mies and savings in the department. I do not think there will
be any objection to either of them. I therefore report back
from the Committee on Post-Offices and Post-Roads, without
amendment, the bill (S. 80S3) to provide for the handling of
mail on which insufficient postage is prepaid and for other pur
poses, and I submit a report (Report No. 665) thereon. I ask
for the present consideration of the bill.
The PRESIDENT pro tempore. The bill will be read for
information.
The Secretary read the bill.
The PRESIDENT pro tempore. Is there objection to the
present consideration of the bill?
Mr. I-IEYBURN. I should like to inquire upon what theory
of equity the person to whom a letter is directed should be re
quired to pay double postage because, forsooth, the sender fails
to weigh it or properly estimate the postage. I can see no
merit in that kind of a proposition.
Mr PENROSE. This is a matter of great abuse in the PostOffice Department, particularly on the part of persons sending
out many thousands of circulars, who deliberately put a large
percentage of the envelopes in post-office boxes without stamps,
trusting "that they will get through the mails without observa
tion It certainly is no great hardship to put some littlo penalty
upon carelessness or improvidence in this connection. In the
opinion of the department it would cause a considerable saving
in clerical work and incidental annoyance and trouble.
The PRESIDENT pro tempore. Is there objection to the
present consideration of the bill ■
L j j r jjEYBURN. Mr- President, I do not understand that
letters which have no postage prepaid are forwarded at all. I
u n d e r s t a n d it is only those that are partially prepaid which are
PENROSE. I understand that letters which have no
nostairp prepaid are forwarded.
1 M r HEY B U R N . I Jo not understand that there is any such
r i l r S PENROSE.
That is my understanding, but I may be
W1\fr S HEYBURN. I Should like to Inquire into th a t This
affects business interests rather seriously. Let the bill go over.
PENROSE. I am willing that it shall go over.
The PRESIDENT pro tempore. The bill will be placed on
Mr. DICK. I present a statement of the laws and proceed
ings relating to the claims of postmasters who served between tk a p f VROSE from the Committee on Post-Offices and PostJuly i , isG4, and June 30, 1874, from the standpoint of the Pna.is to whom was referred the bill (S. S094) to provide for
claimants. I move that the petition be referred to the Com tup r e t u r n of undelivered letters, and for other purposes, re
ported it without amendment and submitted a report (No. 667)
mittee on Printing for their consideration.
The motion was agreed to.
tjKHe°also from the same committee, to whom was referred the
REPORTS OF COMMITTEES.
l ill
8084) to provide for mall reeeptaeles at residences and
Mr. PERKINS. I am directed by the Committee on Naval «in«*rof business, and f o r other purposes, reported it with an
Affairs, to whom w as referred the bill (H. R. 23311) making a m e n d m e n t and submitted a report (No. 6645) thereon.
aPpropriations for the naval service for the fiscal year ending a°Mr PENROSE. I am directed by the Committee on PostJune 30, 1911, and for other purposes, to report it with amend noices and P o s t - R o a d s , to w h o m the subject w a s referred, to
rpnntV ft bill authorizing a five-year period for certain contracts
ments and I submit a report (No. 662) thereon.
The PRESIDENT pro tempore. The bill will be placed on In the postal service, and for other purposes.
Tlie bill (S. 8159) authorizing a five-year period for certain
the calendar.
Mr. BOURNE, f r o m t h e C o m m i t t e e o n F i s h e r i e s , t o w h o m was contracts in the postal service, and for other purposes, was
read twice by its title.
r e f e r r e d t h e b i l l (S. 8123) t o e s t a b l i s h a b io l o g i c a l s t a t i o n f o r
CRIMINAL JURISDICTION ON LAKE MICHIGAN.
t h e s t u d y of f is h d i s e a s e s , r e p o r t e d i t w i t h o u t a m e n d m e n t a n d
, , SUTHERLAND. I am directed by the Committee on the
Bu b m i t t e d a r e p o r t ( N o . 663) t h e r e o n .
Mr. I)EPEW, from the Committee on the Judiciary, to whom TnfHciarv to whom was referred the jolut resolution (H. J.
Was referred the bill (H. R. 22148) to change and fix the terms u s 149) to enable the States of Wisconsin, Illinois, Indiana,
r,f the circuit and district courts of the United States in the (Tml Michigan to determine the Jurisdiction of crimes committed
o n Lake Michigan to report it favorably, and I ask for its presdistrict of Delaware, reported it without amendment.
He also, from the Committee on Pacific Islands and Porto
Rico, to whom w as referred the bill (S. 8085) to authorize the en,n ie n|ecretary1'rend the joint resolution, and, there being no
1‘resident to convey to the people of Porto Rico certain lands objection, the Senate, as in Committee of the Whole, proceeded
und buildings not needed for purposes of the United States, re to its consideration.
Mr SUTHERLAND. Out of abundance o f caution, I desire
ported it without amendment and submitted a report (No. 664)
‘hereon.
to offer an amendment in order to make the purpose of the
agreement more definite and certain.
OREGON COUNTY, MO.
The PRESIDENT pro tempore. The amendment will be read.
Mr. WARNER. I am directed by the Committee on the
The S ecretary . It is proposed to add at the end of the joint
Judiciary, to whom was referred the bill (H. R. 24150) trans resolution the following words.
ferring Oregon County to the southern division of the western
Tn n s p s w h ere su ch offenses a r e co m m itted so n e a r th e com m on
Judicial district of Missouri, to report it favorably without boundary lin es o f s a id S ta te s t h a t th e v en u e th e re o f m a y be in d o u b t.
unuuHlment. I ask for the present consideration of the bill.
Air HEYBURN. Mr. President, I think the joint resolution
The Secretary read the bill; and there being no objection, goes beyond the power that may be delegated. It seems to me
T"c Senate, as in Committee of the Whole, proceeded to its con- that it delegates to a State the right to make a treaty with a
a e r a tio n .
foreign country. I think it does, from hearing it read the first
. Tlie bill was reported to the Senate without amendment, or tim e° If it attempts to do that, we ought to look into it now.
dered to a third reading, read the third time, and passed.
5950
CONGRESSIONAL RECORD—SENATE.
4s I understand the joint resolution, it proposes to authorize
two states in the Union to make treaties that affect the juris
diction of the courts for the trial of cases arising outside of
the jurisdiction of the United States. I think the joint resolu
tion should be printed, so that we can give it more careful
study and that it had better go over.
Mr SUTHERLAND. Mr. President----The PRESIDENT pro tempore. Does the Senator from Idaho
obiect to the present consideration of the joint resolution?
Mr. HEYBURN. I will yield to the Senator from Utah, with
the permission of the Chair.
The PRESIDENT pro tempore. The Senator from Utah.
Mr. SUTHERLAND. Mr. President, the joint resolution does
not u n d e r t a k e to do what the Senator from Idaho [Mr. Heyb u r n ] says it does.
Mr. HEYBURN. It sounded that way to me.
Mr. SUTHERLAND. I will agree with the Senator from
Idaho that Congress is without power to do that. I can state
the situation in a word. The boundary line, for example, be
tween Illinois and Michigan is in the center of Lake Michigan.
Offenses are committed so near to that boundary line that it is
sometimes impossible to determine on which side of the line
the offense has been committed; therefore it is a question of
doubt, and there is a consequent failure of justice—a matter of
doubt as to whether the offense was committed in one State or
the other. The purpose of the joint resolution is to permit
those States to agree upon the matter of jurisdiction in that
class of cases, so that possibly—it is left to the States to de
termine the particular method—they may agree that over that
zoue of doubtful territory either State may have jurisdiction;
in other words, that the jurisdiction shall be concurrent That
is the only purpose of the joint resolution.
Mr. HEYBURN. I ask that the joint resolution be again
read.
The PRESIDENT pro tempore. The joint resolution will be
again read.
.
The Secretary read the joint resolution as proposed to be
amended.
.
, ,,
Mr. HEYBURN. Mr. President, I think the joint resolution
had better go over. I object to its present consideration.
The PRESIDENT pro tempore. The joint resolution goes
over.
BILLS AND A JOINT RESOLUTION INTRODUCED.
Bills and a joint resolution were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as follows:
By Mr. DICK:
A bill (S. 8143) granting an increase of pension to Leo Wil
helm; and
A bill (S. 8144) granting a pension to Minnie Nordyke (with
an accompanying paper); to the Committee on Pensions.
Bv Mr. CLARKE of Arkansas:
A bill (S. 8145) to provide for the purchase of a site and the
erection of a public building thereon at the city of Argenta,
Ark.; and
A bill (S. 8146) for the erection of a federal building for the
post-office at Searcy, Ark.; to the Committee on Public Build
ings and Grounds.
By Mr. FLETCHER:
A bill (S. 8147) to incorporate the East Washington Subur
ban Railway Company; to the Committee on the District of
Columbia.
By Mr. JONES:
A bill (S. 8148) for the relief of John Dalton; to the Com
mittee on Military Affairs.
By Mr. CLAPP:
.A bill (S. 8149) authorizing the cancellation of allotment of
Mo-zo-to-be (Hair Forehead) Brown (with an accompanying
paper) ; to the Committee on Indian Affairs.
A bill (S. 8150) granting an increase of pension to Ellen
Sargent; to the Committee on Pensions.
By Mr. SCOTT:
A bill (S. 8151) granting an Increase of pension to Hiram
Hoover (with accompanying papers) ; to the Committee on
Pensions.
By Mr. PILES:
A bill (S. 8152) granting an increase of pension to William
Murlin (with accompanying papers); to the Committee on
Pensions.
By Mr. CURTIS:
A bill (S. 8153) authorizing the President of the United
States to appoint Ensign 0. C. F. Dodge, U. S. Navy, now on
the retired list, a lieutenant on the retired list; to the Com
mittee on Naval Affairs.
May
By Mr. PERKINS:
A bill (S. 8154) to authorize the appointment of denfm
__ In
foe Nfl
w • f a tlin PnmiMlu
*
geons
in the TTnifo/1
United fifo
States
Navy
to the Committee on *v*1
'1"
Affairs.
v
By Mr. WARNER:
A bill (S. 8155) providing for the erection of a public »
ing at De Soto, Mo.; to the Committee on Public Buildi,,
Grounds.
By Mr. LA FOLLETTE:
A bill (S. 8156) conferring jurisdiction upon the
Claims in certain cases; to the Committee on'Indian
of
B
v Mr. McENERY:
,aIlX
By
A bill (S. 8157) for the relief of the estate of Domi ■
Pochelu, deceased; and
niqii«.
A bill (S. 8158) for the relief of the estate of i>.,.
Pochelu, deceased; to the Committee on Claims.
'■
>UQ
U)ouq
By Mr. PENROSE:
A bill (S. 8160) to promote the efficiency of the naval min
and for other purposes; to the Committee on Naval Afffli '
By Mr. ROOT:
"*■
A bill (S. 8161) granting a pension to Louise B. Otis (
accompanying papers); to the Committee on Pensions
"
By Mr. DICK:
A bill (S. 8162) granting an increase of pension to W ii]|.m
Morris; to the Committee on Pensions.
By Mr. MONEY:
A bill (S. 8163) granting a pension to Fred G.
the Committee on Pensions.
* to
By Mr. DICK:
A bill (S. 8164) for the relief of Isaiah Heylin McDonald,
the Committee on Military Affairs.
By Mr. MONEY:
A bill (S. 8165) appropriating $150,TOO to erect a buii,iin
an addition to the government building at Vicksburg
a*
to the Committee on Public Buildings and Grounds.
’ ll8s-;
By Mr. SHIVELY:
A joint resolution (S. J. Res. 97) authorizing the const
tion and maintenance of wharves, piers, and other struct ,,j.'rnpLake Michigan adjoining; certain lands in Lake County j 1q
to the Committee on Commerce.
Rockei-
AMENDMENTS TO SUNDRY CIVIL APPROPRIATION BILL
Mr. ROOT submitted an amendment proposing to an
priate $10,000 for the purpose of carrying on topographj,.,'t,r'‘'
veys in the State of New York, etc., intended to be prop,,*. ,Nl|r
him to the sundry civil appropriation bill, which was ref(.rrJ,
the Committee on Appropriations and ordered to be printed to
Mr. NIXON submitted an amendment authorizing the 8„
of certain townships in Mount Diablo Base and M erim*
Nev., etc., intended to be proposed by him to the sundry ' I , 1,
appropriation bill, which was referred to the Committee
Appropriations and ordered to be printed.
Mr. DICK submitted an amendment providing that on
after July 1, 1910, the compensation of messengers employed'!'1
the United States Senate shall be $1,800 per annum, intended a
be proposed by him to the sundry civil appropriation hn,°
which was referred to the Committee on Appropriations n ’
ordered to be printed.
COURT OF COMMERCE, ETC.
Mr. SIMMONS submitted an amendment intended to ho n
posed by him to the bill (S. 6737) to create a court ftf ^
merce and to amend the act entitled “An act to regulate n '
merce,” approved February 4, 1887, as heretofore amended ,
for other purposes, which was ordered to lie on the table an<1
to be printed.
an,l
ALLEGED ABUSE OF FRANKING PRIVILEGE.
Mr. STONE. I offer the following resolution and ask for
present consideration.
The resolution (S. Res. 233) was read, as follows:
S en ate reso lu tio n 233.
W hereas a pam p h let or docum ent of ab o u t 480 p rin ted nut.™
title d “A S toory
ry of a T ariff (T
( mhe
e T
a ariff
a r m A ct oorf 19
1909)—
0 9 )— P
PartY
art ?.* V, °R ecord ,” is being circu lated free th ro u g h th e mails
under
congressional f r a n k s ; and
W hereas th e said p am p h let o r docum ent co n tain s num erous in*
Headlines, etc., n o t in th e Congressio nal R ecord , b u t which
serted by th e com piler of said pam p h let o r d o c u m e n t: Therefore kI * .la'
R e s o l v e d , T h a t th e C om m ittee on Post-Offices an d Post-R oads it 1
a re hereby, directed to exam ine said p am p h let or docum ent and £ an'5
to th e Senate d u rin g th e p resen t session of Congress w hether \ * n
Judgm ent of said com m ittee, said p am p h let or docum ent Is enHtiL. “•
be tra n sm itte d free th ro u g h th e m ails u n d er th e fra n k of a Sen*i
R ep resen tativ e in C ongress.
lor or
The PRESIDENT pro tempore. Is there objection to th
present consideration of the resolution?
Mr. GALLINGER. Mr. President, there can be no ohw ,,
iA n n liifin n
iPTi r» n n m n l i l n t h n n
to passing 41i/\
the tresolution.
The pamphlet hns, to some
gone out under my frank and with my consent. I thin^thu
1910.
CONGRESSIONAL RECORD—SENATE.
6207
asked with a desire of getting the information for the purpose
of intelligently voting for the interests of the whole people of
the country, the chairman of that great committee who has the
bill in charge to explain tins extortion, and no reply has been
given. I have heard other Senators ask the same thing and no
I response was forthcoming.
Mr. President, that being true, and no other system offered
i in its place, it being clear that the distributing center does not
explain these discriminations, and it being clear furthermore
i that the argument of getting goods to the seaboard does not,
because in both events the seaboard rates are remunerative, it
would seem that these discriminations can not be justified or
that they should be tolerated.
Therefore, Mr. President, since the amendment of the Senator
from Montana has now in it inserted the rule by which the In
terstate Commerce Commission can preserve the distributing
center and yet destroy those monstrous abuses of which so many
have been pointed out, it seems to me that it deserves and it
should receive the support of every Senator.
It seems astonishing that a plain, admitted, iuexcnsed out
rage, which those who defend will not even explain, should be
permitted, esjiecially when it can be cured without injury to
anyone except those who are profiting by this particular iniquity.
After all, to end an admitted injustice is good policy, especially
when the defenders of that injustice do not point out how the
ending of it can hurt anybody except to take unrighteous profits
from the wrongdoers.
Mr. DIXON. Mr. President, at this time, before the hour of
N o r t h a t it is d esig n e d to b u ild u p b u sin e ss o r tr a d e c e n te r s ; n o r
t h a t th e le sse r ch a rg e on th e lo n g e r h a u l is m erely a c o n tin u a tio n ot voting, further perfecting <he amendment which I offered as
th e fav o rab le ra te s u n d e r w h ic h tr a d e c e n te rs o r in d u s tria l e sta b n sn - pending to the amendment of the Senator from Idaho, and
h ie n ts h av e been b u ilt up.
which was reprinted to-day, I now ask unanimous consent to
T h e f a c t t h a t lo n g -h a u l traffic w ill only b e a r c e rta in ra te s is no r e a
further perfect the amendment by striking out in the last print
son fo r c a rry in g i t fo r le ss th a n co st a t th e expense of o th e r traffic.
all the lines after the word “ section,” on line 22, page 2, in
As I understand this plea, it is not to be given an advantage
over anybody else. It Is not even claiming the advantages which these words:
o v i d e d f u r t h e r , TU at th e r a te s in v o lv ed in th e a p p lic a tio n a r e j u s t
God and nature would seem to give to every community. It is an dP r reaso
n ab le r a te s an d n o t u n ju s tly d is c rim in a to ry n o r u n d u ly p re fe rsimply the refusal of Americans to bear in silence the handicap e n tia i o r p re ju d ic ia l.
that is involved in discriminations so rank that nobody any
And to insert the following, which I ask the Secretary to read,
longer defends them.
which is the proviso.
So far as I am concerned, having clear light on that phase of
The VICE-PRESIDENT. The Secretary will read the amend
the question, I am willing to walk in a little darkness while I
as modified.
......
follow the counsel of Senators representing the people injured ment
The S e c r e t a r y . In the print of the amendment of the Sen
by these discriminations in their open and determined effort to ator from Montaua of to-day strike out, on page 2, lines 22 to
correct the injustice.
25 the proviso in the following words:
Mr. BEVERIDGE. Mr. President, I have listened to this de
o v i d e d f u r t h e r , T h a t th e r a te s in v o lv ed in th e a p p lic a tio n a r c j u s t
bate with deep interest and some perplexity; for no one can say an dP r reaso
n ab le r a te s an d n o t u n ju s tly d is c rim in a to ry n o r u n d u ly p r e f e r
that this problem in all its phases is a simple one. And yet e n tia l o r p reju d icial.
the particular question now before us has one phase which
And in lieu thereof insert:
Is so mountainous in its proportions that it must be plain even
v id e d , n o tr o v e r ,
" " “ " " - f ix ' o m m issio n m a r .
to one who has not mastered the subject. In the time remain froPmr o its
know ledge, o r fro m in fo rm a tio n , o r u p o n a p p lic a tio n , a s c e r ta in
ing, of which I shall occupy only a part, I will refer to one th a t th e c ircu m stan c es a n d co n d itio : s nl th<> Ion co r h a u l a re d is s im ila r
illustration which applies to all the others which have been to th e circumstances a n d c o n d itio n s of th e s h o r te r h a u l, w h e th e r tliev
re s u lt fro m co m p etitio n by w a te r o r r a il ; th e n it m ay a u th o r iz e a
made and not denied. It is the rate on cotton goods from New ! com
m on c a rr ie r to ch a rg e leas fo r th e lo n g e r th a n f o r th e s h o r te r d is
York to San Francisco, 90 cents, and upon that same product, ta n c e s fo r th e t r a n s l a t i o n of I 'e ^ c n e e r s o r p i-o m -ty ; b u t in no e v e n t
shipped from New York to Salt Lake City, a distance of 1,500 «hall th e a u th o rity
. n is sa tisfie d th e
ie r is ch a rg in g reaso n ab le ra te s for tlie tr a n s p o r ta tio n of p ro p e rty
miles shorter, the rate Is $3.75. Yet the 90-cent rate from ca na rr
d p assen g ers fo r th e s h o r te r d is ta n c e s , a n d th e co m m issio n on re a s o n
New York to San Francisco has been demonstrated to be re able n o tic e to th e c a rn e t may revoke Its o rd e rs g r a n tin g th e a u th o r ity .
munerative; on the shipment from New York to San Francisco
Mr. PAYNTER. Mr. President, I would be very glad if the
for 00 cents it has been proven, and not denied, that the rail
Senator from Montana would substitute my amendment in full,
road makes a profit.
and let us take » vote upon that question.
If that is true, it is a matter of mathematics that the rate of
The VICE-PRESIDENT. W ithout objection the amendment
$3.75 from New York to Salt Lake City, 1,500 miles near than
is modified as suggested by the Senator from Montana.
San Francisco to New York, is not only an injustice but an
Mr. PAYNTER. I think perhaps in that way we might
outrage.
<
the matter.
Nor. Mr. President, is that explained by the philosophy of the simplify
The VICE-PRESIDENT. The question is on agreeing to
distributing center, which, it seems to me, is essential to modern
railroad transportation, because Salt Lake City is 1.500 miles theMrsubstitute-----BACON. Mr. President-----from San Francisco, and therefore is not a part of that radius
The VICE-PRESIDENT. Will the Senator allow the Chair
°f which San Francisco might be called the distributing center,
it is absurd to say that goods should be shipped from New York to state what the question is?
Mr. BACON. But I want to recur to the point the Chair
right through Salt Lake City 1,500 miles farther and then
had previously stated. While the Senator from Kentucky [Mr.
redistributed back 1,500 miles to Salt Lake City.
So the philosophy of the distributing center does not explain P a y n t er ] was on the floor and addressing the Chair and be
fore the Saiator had had an opportunity to conclude his re
this extortion.
Neither has it been explained by the curious argument that marks, the Chair stated that without objection the modifica
this lower rate was necessary to get goods from the interior to tion was permitted. That was done while the Senator from
Hie seaboard for our export trade; for of course those goods must Kentucky was addressing the Chair.
The VICE-PRESIDENT. The amendment can be modified
So there In any event. They could not get to the seaboard by
popping at Salt Lake City or at Spokane or at Missoula or at without unanimous consent.
Mr. BACON. M r. President -----Denver. And mark this, it is not asked that the rate shall be
Mr. BEVERIDGE. The Senator from Montana had a per
increased to the coast cities, because it is demonstrated and ad
fect right to modify his amendment.
mitted that that rate is already remunerative.
The VICE-PRESIDENT. The Senator from Montana could
Yet, Mr. President, these are the ouly two excuses which
appeal to anyone who has studied the problem of economics of have modified his amendment without asking unanimous con
Hie railroad system as to why this extraordinary, these inex sent.
Mr. BEVERIDGE. Certainly.
cusable injustices occur. That being true I have asked myself,
been brought to my attention that seems to me to warrant this
long-standing injustice against the men who have laid the
foundations of good government in all the great communities of
the Rocky Mountains. They are not asking very much; they
are certainly not asking a distance tariff. They seem to be
willing to pay as much to Salt Lake and Helena as is charged
to Portland, Seattle, and San Francisco. They do not ask all
that they would naturally seem to be entitled to. The only
thing they ask is that a discrimination, not founded in sound
railway economy, not founded in any theory of justice that was
ever propounded among men, shall give way to the welfare of a
population which, while it is small, still represents a very large
number of people whose industries lie at the foundation of the
prosperity of important sections of the United States.
Mr. HEYBURN. Mr. President-----The PRESIDING OFFICER, Does the Senator from Iowa
3'ield to the Senator from Idaho?
Mr. DOLLIVER. Certainly.
Mr. HEYBURN. May I suggest to the Senator that this
system would in a measure preclude the building up of any new
business centers? It would look as though they thought they
bad enough towns and enough business centers and that no
new one should ever be built up at all.
Mr. DOLLIVER. It is a tendency of a live town to think
that it is the only one, a very proper exaggeration of importance
that occurs wherever men are trying to build up a city; but
this decision of Judge Cooley says:
6208
CONGRESSIONAL RECORD—SENATE.
Mr BACON But tlie Senator from Kentucky was on the
floor addressing the Chair at the time the Chair made the ann °Thpe V IC E -PR ESID E N T. Very good. It was not necessary
to give unanimous consent, because the Senator from Montana
could modify his amendment without asking for unanimous
consent1; but inasmuch as ho had asked it, the Chair simply
PUjIlU BACONf0rMr. President, when the Senator from Ken
tucky was absolutely addressing the Chair—
Mr ALDRICH. I call the attention of the Chair----The V ic e -p r e s i d e n t . The Senator from Georgia is speak
ing to a point of order.
Mr. BACON. When the Senator from Kentucky was address
ing the Chair----Mr. ALDRICH. I ask for the regular order, Mr. President.
The VICE-PRESIDENT. The Senate is proceeding in regu
lar order. The Senator from Georgia [Mr. B acon ] is speaking
to a question of order.
Mr. ALDRICH. Very well.
The VICE-PRESIDENT. The Senator from Georgia will
proceed.
Mr. BACON. Mr. President, the question I suggest to the
Chair is that at the time when the Chair made the announce
ment the Senator from Kentucky was on the floor and abso
lutely at the time addressing the Chair. That is the point that
I make.
_ .
„
The VICE-PRESIDENT. The Chair begs to say that no Sen
ator can address the Chair in order until he has been recognized
by the Chair, and the Senator from Kentucky hud not been
recognized by the Chair.
Mr. BACON. He had been proceeding for some time, and I
supposed by that that he had been recognized.
.
The V IC E -P R E SID E N T . N o ; he had not. The Chair had not
finished stating what the question was.
Mr BACON The Senator from Kentucky had been speaking
at least* more' than a minute before the Chair made the an
nouncement, and it is a reasonable assumption that he had been
r6C 02T IliZ 6(I.
f
The VICE-PRESIDENT. The Chair had not recognized the
Senator from Kentucky. The Chair will state now what the
question is. The pending question is on the substitute offered by
the Senator from Montana [Mr. D ixon] for the amendment
proposed by the Senator from Idaho [Mr. H eybukn],
Mr CLAY. Mr. President, I am aware of the fact that debate
is not in order. Is it in order for me to suggest as to the pend
ing amendment, which has just been read, that it was hard to
catch the reading?
,
.. „ ,
The VICE-PRESIDENT. Debate is not in order, the Chair
thinks, under the rule adopted by the Senate yesterday, until the
pending amendment has been voted on.
Mr CLAY. The Chair is correct; but I wanted to ask the
Senator from Montana whether his is not the Paynter amend
ment with the exception of two lines, which are stricken out.
Mr. DIXON. I am very glad the Senator from Georgia has
asked the question. The pending amendment is my amendment
with two lines stricken out fixing the rule under which the Inter
state Commerce Commission should make the finding
The VICE-PRESIDENT. Debate is proceeding only by unani
mous consent.
Mr. DIXON. And inserting the rule provided in the amend
ment of the Senator from Kentucky [Mr. P aynteb].
Mr. GALLINGER. I ask for the regular order, Mr. Presi
dent.
The VICE-rRESIDENT. The regular order is demanded.
The question is on agreeing to the substitute offered by the
Senator from Montana for the amendment of the Senator from
Idaho.
Mr. STONE. I rise to make an inquiry. I should like to
know what two lines in the amendment proposed by the Senator
from Montana are left out.
Mr. ALDRICH. I suggest that the amendment as modified
be read.
The VICE-PRESIDENT. Without objection, the Secretary
will read, as modified, the substitute offered by the Senator
from Montana for the amendment offered by the Senator from
Idaho.
The Secretary. In lieu of the amendment proposed by Mr.
Heyburn it is proposed to insert the following:
S ec . 7. T h a t section 4 of th e a c t e n titled “An a c t to reg u late com
merce,” approved F ebruary 4, 1887, be am ended by strik in g out the
words “ under su b stan tially sim ilar circum stances and conditions,
where th e sam e appear in said' section 4, and fu rth e r am end said section
4 of said ac t by strik in g o u t all of said section 4 beginning w ith th e
words “ P r o v i d e d , h o w e v e r , ” and fu rth e r am end said section 4 so th a t
when am ended i t w ill read as fo llo w s:
« c r r 4 T h a t it sh all be u n law fu l fo r an y common c a rrier „ ,
th e provisions of th is ac t to charge or receive any g reater co®.“
t h e aggregate for th e tra n sp o rta tio n o f passengers, or of
of n ronertv fo r a sh o rter th a n for a longer d istan ce over the ‘lk* k l J
or route in th e sam e d irection, th e sh o rte r being Included
C
longer distance, or to charge any g re a te r com pensation as a t , 1"
route th an th e ag g reg ate of th e focal r a t e s ; b u t th is sh all n*t
-h
stru ed as au th o rizin g any common c a rrie r w ith in th e term s of , "•«,
to charge or receive as g re a t com pensation fo r a sh o rter as for
a, ,
distan ce * P r o v i d e d , h o w e v e r , T h a t upon ap p licatio n to the V* '"i.*,
Commerce Commission such common c a rrie r m ay in special case
in v estig atio n by th e I n te r s ta te Commerce Commission, 1* am I,oh'
th e commission to charge less fo r longer th a n for sh o rte r dl« .
Z
th e tra n sp o rta tio n of p assengers or p ro p erty and th e c o n u m '; ’; * £
from tim e to tim e prescribe th e ex ten t to which such d e s ig n ,,2 ?
V r r le r may be relieved from th e operatio n of th is a m i ! 11
v iM
h o w e v e r , T h a t th e In te r s ta te Commerce Commission
its knowledge, or from in fo rm atio n , or upon application.
th e circum stances and conditions of th e longer h au l are dlsslm ii * ln, ‘hat
circum stances and conditions of th e sh o rte r haul, w h eth er tu “ *° ‘N
fi^m coinnetltion by w ate r or r a i l; th e n it m ay au th o rize
1>*<iit
£ r H e r to Pcharge less for th e longer th a n fo r th e sh o rter d ls t,,'om»>'»
the tran sp o rtaU o n of p assengers or p r o p e r ty ; b u t in no e v e n f c ?
a u th o rity be g ran ted unless th e com m ission is satisfied the c, * 1
reasonable ra te s fo r th e tra n sp o rta tio n of p roperty
I n f e r s gfor the ^shorter d is ta n c e s ; and th e commission*
« nd Pa?
8
to th e c a rrie r may revoke its o rd ers g ra n tin g th e a n n ',n ,M«
T n d p r o v i d e d f u r t h e r , T h a t no ra te s or charges law fully e x i s t i n '1''] 1'?
A n a p r u v w w j w»___^ ^
n m andatory a c t sh all
it
iu
auim uj
------------The VICE-PRESIDENT. The question is on agreeing to
Mr DIXON. Mr. President, this amendment has bee,. m T
fled rather unexpectedly perhaps; and in order that we l , 1
have a thorough understanding—
The VICE-PRESIDENT. Debate is not in order.
Air DIXON. I am not trying to debate. I move that
Senate take a recess until 4.30 o’clock.
The VICE-PRESIDENT. Ihe Senator from Montana i8 (.
b&tin2i
Air. DIXON. I move that the Senate take a recess until 4 v
The motion was agreed to; and (at 4 o’clock and 10 minm
p. m.) the Senate took a recess until 4 o clock and 30 tnlnuS
P’At’ the expiration of the recess the Senate reassembled
The VICE-PRESIDENT. The question is on agreeing to „
substitute offered by the Senator from Montana [Mr. [>,
Mr DIXON. Air. President----Mr CLAPP. I would like to have the substitute report
Air. DIXON. I move that the Senate take a recess until s
o’clock.
"
The VICE-PRESIDENT. The question is on agreein-’ to
motion of the Senator from Alontana that the Senate tab *
recess until 5 o’clock. [Putting the question.] By the
*
the noes appear to have it.
Air. CLAPP. I ask for the yeas and nays.
The yeas and nays were ordered.
Air. ELKINS. I should like to ask the Senator to ni',u
5 20. The roll call will take twenty minutes.
"riie VICE-PRESIDENT. The yeas and nays have been
dered. The request can not be modified thereafter.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). 1 imv
general pair with the senior Senator from South Carolina r\ . a
Tillman]. I transfer it to the Senator from Ohio [Mr. i,[( ' r;
and will vote. I vote “ yea.”
The roll call was concluded.
Air. STONE (after having voted in the negative). I have
pair with the senior Senator from Wyoming [Air. Clark 1 * r
do not know how he would vote on this motion, and I think r
had better withdraw my vote, and I do so.
The result was announced—yeas 56, nays 12, as follows;
Bourne
B radley
R randegee
B riggs
B ristow
Brown
Bulkeley
B u rk ett
B urnham
B urrow s
C arter
Clapp
Clay
C rane
C raw ford
Cullom
C umm ins
C u rtis
D illingham
Dixon
D olliver
du P o n t
E lkins
F letch er
YEAS— 56.
F lin t
F ra z ie r
F ry e
Gamble
Gore
G uggenheim
H ale
L a F o lle tte
Lodge
M artin
N elson
Nixon
Oliver
Owen
T ay lo r
W arn er
W etm ore
B u rto n
C ham berlain
Clarke, Ark.
G allinger
H ughes
Jo h n sto n
NAYS— 12.
Jo n es
M cEnery
O verm an
P ercy
Shively
Sm ith, S. C
A ldrich
Bacon
Beveridge
B ailey
B ankhead
C lark, Wyo.
Culberson
D aniel
D avis
Depew
Dick
F o ste r
H eyburn
K ean
L orim er
NOT VOTING— 24.
M cCumber
Money
N ew lands
R ay n e r
R ichardson
S c o tt
P age
P a y n te r
Penrose
P erk in s
Piles
P urcell
Root
Simmons
Smoot
Stephenson
Sutherland
S m ith, Md
Sm ith, Mich
Stone
T a lia fe rro
T illm an
W arren
1910.
CONGRESSIONAL RECORD—SENATE,
to the senior Senator from New York [Mr. D epew ], and vote
“ yea.”
Mr. FOSTER (when his name was called). I have a general
pair with the senior Senator from North Dakota [Mr. McC u m b e b ], who is absent from the Senate on account of illness.
If he were present, I am unable to say how he would vote. If
I were at liberty to vote, I should vote “ yea.”
Mr. HALE (when his name was called). I have a pair with
the senior Senator from Nevada [Mr. N e w l a n d s ] , who i s u n
avoidably absent, and I withhold my vote.
Mr. JOHNSTON (when his name was called). I have a pair
The S e c r e t a r y . In lieu of the amendment offered'\>y the ^
Senator from Idaho insert the following:
S e c . 7. T h a t se c tio n 4 o f th e a c t e n title d “ A n a c t to re g u la te com
m erce,” a p p ro v ed F e b ru a ry 4, 1887, be am ended by s trik in g o u t th e
w o rd s “ u n d e r s u b s ta n tia lly s im ila r c irc u m s ta n c e s a n d c o n d itio n s ”
w h e re th e sam e a p p e a r in s a id sectio n 4, a n d f u r th e r am en d s a id sec
tio n 4 o f s a id a c t by s tr ik in g o u t a ll o f s a id sectio n 4 b eg in n in g w ith
th e w o rd s “ P r o v i d e d , h o w e v e r . ” a n d f u r th e r am en d said sectio n 4 so
t h a t w h en am en d ed i t w ill re a d a s f o llo w s :
“ S e c . 4. T h a t i t s h a ll be u n la w fu l fo r a n y com m on c a rr ie r s u b je c t
to th e p ro v isio n s o f th is a c t to c h a rg e o r receive a n y g re a te r com pen
s a tio n in th e a g g re g a te fo r th e tr a n s p o r ta tio n o f p assen g ers, o r o f lik e
k in d of p ro p e rty , fo r a s h o r te r th a n fo r a lo n g e r d is ta n c e over th e
sam e lin e o r ro u te in th e sam e d ire c tio n , th e s h o rte r b ein g in clu d ed
w ith in th e lo n g e r d ista n c e , o r to c h a rg e a n y g r e a te r co m p en satio n a s a
th ro u g h ro u te th a n th e a g g re g a te o f th e local r a t e s ; b u t th is s h a ll n o t
be c o n s tru e d a s a u th o riz in g a n y com m on c a rr ie r w ith in th e te rm s of
th is a c t to c h a rg e o r receive a s g re a t c o m p en satio n f o r a s h o rte r a s f o r
a lo n g e r d i s t a n c e : P r o v i d e d , h o w e v e r , T h a t th e I n te r s t a te C om m erce
C om m ission m ay, fro m its know ledge, o r fro m in fo rm a tio n , o r up o n
a p p lic a tio n , a s c e rta in t h a t th e c irc u m s ta n c e s an d co n d itio n s o f th e
lo n g e r h a u l a re d is s im ila r to th e c irc u m s ta n c e s a n d c o n d itio n s o f th e
s h o r te r h a u l, w h e th e r th e y r e s u lt fro m co m p etitio n by w a te r o r r a i l ;
th e n i t m ay a u th o riz e a com m on c a rr ie r to c h a rg e less fo r th e long er
th a n f o r th e s h o rte r d is ta n c e s fo r th e tr a n s p o rta io n o f p a sse n g e rs o r
p r o p e r t y ; b u t in no e v e n t s h a ll th e a u th o r ity be g ra n te d u n le ss th e
co m m ission Is satisfied t h a t a ll th e ra te s inv o lv ed a re ju s t a n d re a s o n
ab le a n d n o t u n ju s tly d is c rim in a to ry n o r u n d u ly p re fe re n tia l o r p re ju
d ic ial. T h a t no ra te s o r ch a rg e s la w fu lly e x istin g a t th e tim e o f th e
p a ssa g e o f th is a m e n d a to ry a c t s h a ll be re q u ire d to be ch a n g ed bv
| re a so n of th e p ro v isio n s o f th is se c tio n p rio r to th e e x p ira tio n of six
m o n th s a f t e r th e p a ssa g e of th is a c t. n o r in a n y case w h ere a p p lic a
tio n s h a ll h a v e been filod b efo re th e com m ission, in a c co rd an ce w ith th e
p ro v isio n s o f th is sectio n , u n til a d e te rm in a tio n of su ch a p p lic a tio n by
th e co m m ission.”i
The result was announced—yeas 57, nays 10, as ionow s:'
A ld rich
B acon
B ev eridge
B o ra h
B ra d le y
B ra n degee
B rig g s
B ris to w
B ro w n
B u r k e tt
B u rn h a m
B u rro w s
B u r to n
C a r te r
C lapp
B ailey
B o u rn e
B u lk eley
B an k h e ad
C la rk , Wyo.
C u lb erson
D an ie l
D av is
D epew
D ick
Y E A S — 57.
G uggenheim
Jones
K ean
L a F o lle tte
Lodge
M a rtin
N elso n
N ixon
O liv e r
O w en
1’ftjrtT '
P a y n te r
P e n ro s e
P e rc y
P e rk in s
N AY S— 10.
C h a m b e rla in
G a llin g e r
F le tc h e r
H ey b u rn
F ry e
N O T V O T IN G — 25.
F o s te r
M oney
G ore
N ew lan d s
H a le
R ayner
H u g h es
R ic h a rd s o n
J o h n s to n
S c o tt
D orim or
„ S m ith . Md.
M cC um ber
S m ith , M ich.
C larke, A rk.
C lay
C ran e
C ra w fo rd
C ullom
C um m ins
C u rtis
D illin g h a m
D ixon
Dol liv er
Uu P o n t
E lk in s
F lin t
F ra z ie r
G am ble
P ile s
P u rc e ll
R oot
S h iv ely
S im m ons
S m ith , S. C.
S m oot
S te p h e n so n
S u th e rla n d
T a y lo r
W a rn e r
W e tm o re
M cE n e ry
O v erm an
S to n e
T a lia fe rro
T illm a n
W a rre n
The VICE-PRESIDENT. Tbe substitute is agreed to.
Mr. HEYBURN. Tbe Cbair bas announced that “ tbe sub
stitute is agreed to.” This was offered as an amendment to an
amendment. I rise to inquire as to tbe understanding of tbe
Cbair whether or not my amendment as amended will now be
put to tbe Senate?.
I be VICE-PRESIDENT. The proposition of the Senator
from Montana was offered as a substitute for that offered by
the Senator from Idaho, and it has been adopted as a substi
tute.
i Mr. HEYBURN. If I may be permitted to differ with the
Chair, it bas at no time been spoken of as a substitute in the
instrument itself, which, of course, would govern. It embodies
the text of my amendment, and it has not been termed a “ sub
stitute ” at any time.
Mr. DIXON. Mr. President-----Mr- HEYBURN. I decline to yield for the present. I hare
the document upon which we were to vote at 4 o’clock, and it
was an amendment, and it has been discussed as an amend
ment all the way through.
The VICE-PRESIDENT. The proposition upon which the
senate did vote is printed as a substitute, and was so stated by
the Chair.
6213
Mr. HEYBURN. That is a surreptitious paper. That paper
has not been before the Senate for consideration.
The VICE-PRESIDENT. The Chair ruled that it had.
Mr. HEYBURN. That is the official determination of it, but
I ask now that my amendment be placed before the Senate.
Mr. BEVERIDGE. As amended?
Mr. HEYBURN. As amended.
Mr. BEVERIDGE. Of course that is the same thing.
The VICE-PRESIDENT. The substitute offered by the Sen
ator from Montana has been adopted in lieu of that offered by
the Senator from Idaho, and that substitute now is before the
Senate. It must be agreed to as the amendment, or it is amend
able.
Mr. HEYBURN. I do not desire to be overinsistent, but hav
ing discussed it and the Senate having considered it at all
times prior to the hour for voting as an amendment, it is rather
a harsh measure—and I do not refer to the ruling of the
Chair.
The VICE-PRESIDENT. No; the Chair does not misunder
stand the Senator.
Mr. HEYBURN. Had it been known that it was to be con
sidered a substitute after the hour of 4 o’clock, and an amend
ment before, we would probably have proceeded differently.
I merely want that in the R ecord.
The VICE-PRESIDENT. The Chnir very much regrets, but
the Chair stated it as a substitute, and it is printed as a sub5MALUU5.
Mr. HEYBURN. It being a substitute, I now offer an amend
ment to the substitute.
Mr NELSON. I rise to a point of order.
The VICE-PRESIDENT. The Senator from Minnesota rises
to a point of order. He will state it.
Mr. NELSON. The substitute that we voted upon is an
amendment to tlie amendment of the Senator from Idaho, and
the question now is on adopting the amendment of the Senator
from Idaho as amended.
The VICE-PRESIDENT. No; the Chair thinks not. The
substitute was agreed to, and the question now is whether the
substitute will be adopted as it is, as an amendment, or whether
it will be amended before it is adopted.
Mr. NELSON. A substitute is nothing but an amendment.
The VICE-PRESIDENT. The substitute displaced- the
amendment of the Senator from Idaho, the Clmir holds.
Mr GALLINGER. If the Senator from Idaho will permit
me I will venture to suggest to him that if he allow s this
matter to go to the Senate, be can then offer his amendment as
a substitute for the amendment which has been agreed to, so
that he can get a vote on his amendment in the Senate.
Mr. HEYBURN. I am inclined to accept that suggestion.
Of course that will give an intermediate opportunity to discuss
the question, and, as a matter of proceeding, I accept that sug
gestion.
Mr. ELKINS. Then, if there is nothing before the Senate,
Mr HEYBURN. There is something before the Senate.
The VICE-PRESIDENT. Wait a minute. There is some
thing before the Senate. The question is on agreeing to the
amendment to the bill.
Mr- BACON. I want to say one word before the vote is taken.
I am in order, I understand?
The VICE-PRESIDENT. The Cbair so understands.
Mr. BACON. Mr. President, there seems to have been some
difference of opinion while the substitute was before the
S enate, and there was no opportunity then to discuss the ques
tion w h e th e r 'there was or was not any difference between the
proposition which has just been voted upon and the one which
has heretofore been under consideration.
I hope I may have order, Mr. President.
The VICE-PRESIDENT. Will the Senate please be in order?
The Senator will wait. The Chair will eventually obtain order
for him. Will Senators please cease audible conversation’
Air. BACON. Mr. President, at a time when there w as no
opportunity for discussion there were some suggestions as to
changes which had been made in this proposition by the amend
ment or the substitute as finally modified by the Senator from
Montana.
I wish to say that the amendment or the substitute as modified
by the Senator from Montana and as adopted by the Senate is
substantially in all particulars the affirmation in its fullest
extent of the contention of all of us who have supported what
was known as the Dixon amendment, and who proposed to sup
port the Paynter amendment if that was defeated, and then the
Overman amendment if that was defeated. It is the exact op
posite of what the Senator from Rhode Island and the Senator
from West Yirginia and all those who cooperated with them
6214
CONGRESSIONAL RECORD—SENATE.
Mat 13
Mr BACON. If so, the language has to be perverted verv
■eat’ly from what I understand it to mean, and I want to gjv“(1
as that w hich if adopted would destroy the railroad systems of uiv reason for it. There is not a line in these two amendments
which have been blended which is not found in the amendments
tLI musfcongratulate them upon their having seen the light in originally.
_t i i , .
m
an ssubstitute
n h s tftn te ns
i...
The
as ndonted
adopted was in part the sn
sui)Mi.
the last minute.
tute offered by the Senator from Montana, and the vital part
Ml- ALDRICH. Mr. President----of it is the amendment offered by the Senator from Kentucky
The VICE-PRESIDENT. Does the Senator from Georgia The two have been cut in half, and the latter part of the atnen<j
yield to the Senator from Rhode Island?
ment of the Senator from Kentucky has been put on the first
half of the amendment of the Senator from Montana. There
Air ALDRICH, I think the Senator from Georgia might is the whole of it. If the Senator from Montana had taken th,>
congratulate himself upon having achieved a victory, if he sees amendment of the Senator from Kentucky and had offered
fit to out it in that way.
in place of his amendment, it would have had exactly the Ban*
Mr BACON. I am not claiming much of it, because I have effect as the blended amendment which he finally offered as a
had very little to say; but I say that those with whom I have modified amendment, and which we have just adopted.
been cooperating have achieved a victory, and a very decided
ijijjg Senator from Rhode Island suggests that the amendment
one, and they voted for the substitute, as the Senator from is susceptible of the construction which he has contended to |H.
Missouri very properly suggests to me.
he f S of the law. The form of the law which the Sennt^
Mr President, the dividing line upon which the battle has from Rhode Island contended should be that to be adopted wag
been ra<nn<r for two weeks was this: Under the existing law tint in no instance should the railroads be deprived of the rigi,,
the railroads themselves have the right to determine when such to fiv a lesser rate for a longer haul without the approval of tj*
conditions exist as authorize them to make a lesser rate for a commission, but that in all instances, without the approval
lon^ haul than they make for the short haul. That is the exist of the commission, they would have the right to fix a lesser rat,,
ing law ; and under the act of 1896, when complaint was made, for a longer haul. That is the contention of the Senator fro,u
the only remedy upon such complaint was for the Interstate
Commerce Commission to interfere and make the correction, if K1Mr6BAILEY, i suggest to the Senator from Georgia that he
they saw proper to do so. That is the existing law.
is mistaken about that. That was my position. The Senator
The amendments which have been offered by the Senator from Rhode Island, so far as I know, has made no speech 0f
from Montana and the Senator from Kentucky and the Senators
from North Carolina—for all of them offered amendments— tbMrkALDRICH. No; Mr. President----exactly reverse that proposition, and provide that before the
Mr BACON. I am not sure that the Senator from Texag
railroads shall make a rate for a long haul less than the rate has heard all the speeches made by the Senator from Ithode
for the short haul in the same line, it shall have the approval
and consent of the commission. Those were the two proposi- ISThe' VICE-PRESIDENT. Does the Senator from Georgll,
to the Senator from Texas?
tl0Mr President, the Senator from Rhode Island and the Senator vipirl
• Air. ALDRICH. I hope the Senator from Texas will not hj.
from West Virginia, and all those who contended with them,
in this discussion.
_
, ,
have rung the echoes in this Chamber for two weeks that if the terfere
The VICE-PRESIDENT. The Senator from Georgia has not
proposition as contained in these several amendments which I
yielded to the Senator from Texas.
have mentioned were adopted it would be revolutionary, and vetAir
BACON. I yield to the Senator from Texas.
destroy the railroad business of the country; and yet these Sen
Mr’ BAILEY. The Senator from Rhode Island rose to make
ators have this afternoon voted for that distinct proposition,
observation.
and it has been adopted because of the fact that the Senator some
Mr. ALDRICH. I said I hoped the Senator from Toxn*
from Rhode Island and the Senator from West Virginia, in co would not interfere with the remarks of the Senator from Geer,
operation with those who favored it in the first instance have gia. He is trying to justify himself for voting with me, as i
rolled up an overwhelming majority in the affirmative foi the
understand it. [Laughter.]
,
T
...
passage of the substitute.
, ,
Mr BACON. If that were the object, I would be well jnstj.
Mr President, I do not want there to be any misunderstand fied in making an effort to justify myself, because generally
ing upon this point. The Senator from Rhode ^Iand,_with all from my standpoint, whenever one votes with the Senator from’
his prestige, was unwilling to stand a defeat, and rather than Rhode island he needs to justify himself. [Laughter.] When,
stand a defeat he preferred to get upon the wanning side. I ever I vote with the Senator from Rhode Island, I want to
have no criticism to make upon him; but let it not be supposed have an opportunity to show that I was right, because tl*
for a moment that, the substitute which has been adopted is m presumption in such a case certainly is that I would b(»
accordance with the doctrine which the Senator fiom Rhode
Island and the Senator from West Virginia, and those who have ^Mr? BAILEY. It is impossible for the Senator from Georgiy
cooperated with them for the past two weeks, have advo- to show he was right in voting with the Senatoi fiom Rhode
c S on this floor. On the contrary, it is directly the reverse,
this time.
„
x
.
_
and in opposition to those things for which they have con- Island
The VICE-PRESIDENT. The Senator from Texas shorn,]
tended.
M
~
«
not interrupt without obtaining the permission of the Senator
Mr ELKINS. May I interrupt the Senator from Georgia.
the floor.
The V IC E -P R E SID E N T . Does the Senator from Georgia having
Mr. BACON. I beg the Senator’s pardon.
yield to the Senator from West Virginia?
The VICE-PRESIDENT. The Senator from Georgia has the
Mr. BACON. I do, for a moment.
floor. The Chair simply suggested that the Senator must uot
Mr. ELKINS. The Senator is happy, is he not?
be interrupted without his consent.
Mr. BACON. Absolutely so.
. . .. . . , ,
Mr. BACON. I thank the Chair very much.
Mr. ELKINS. And we are happy. Then what is the trouble.
Air. President, the only object which I had in rising was this:
Mr. BACON. I am very glad to know----The Senator from Rhode Island, the Senator from West Yir.
Mr. ELKINS. Now you know it.
"inia and others who train with him upoq this occasion, had
Mr. BACON. I am glad to know that Senators can be made so suddenly changed front, had so suddenly changed the color
so happy by so small a thing----of the flag under which they marched, and had so adroitly
Mr. ELKINS. It is a big thing.
aligned themselves under that which was victorious, that 'i
Mr BACON That in a moment of defeat they can change could not help calling attention to the fact that it was not m
colors and go to victory under the banner they have been fight harmony with their original position.
ing for the past two weeks.
. ..
,
Now, if the Senator can find a court which will rule that,
Mr. ALDRICH. Has the Senator ever heard of the adage under this bill, a railroad company has the right to fix a rate
that “ lie laughs best who laughs last? ”
for a longer haul lesser than for the short haul on the same
Mr B ACON I know what the Senator refers to. The Sena line, then I must confess that my confidence in courts will not
tor refers to the fact that the bill has to go into conference, be so great as it has been heretofore.
and the Senator, I presume, means to have us understand that
Mr IIEYBURN. Air. President, starting with the last sug.
in the last analysis of the bill, when it comes back, it is to be gestion of the Senator from Georgia, there will be no necessity.
changed back to the same position it w7as intended to be put in The railroads have recently been adjusting and readjusting
by Senators----„ .
. ..
their rates in anticipation of what has happened to-day. This
Mr. ALDRICH. No; I did not mean anything of the sort. is a great day for the railroads. Their banner is flung to the
I mean that the amendment as adopted can be defended upon breeze They have what they want, and they got it by a
the principles which I have advocated upon this floor all the coalition. I have no doubt the rejoicing in their hearts will be
time. That is my judgment about it.
1„. Vp been contending for for two weeks past and denouncing
1910.
CONGRESSIONAL RECORD—SENATE.
Mr. KEAN. No announcement has been made.
The PRESIDENT pro tempore. No announcement has been
made.
Mr. GALLINGER. I ask that the announcement be made.
The PRESIDENT pro tempore. Forty-two Senators have re
sponded to their names. There is not a quorum present.
Mr. ITEYBURN. Now, I ask that the names of the absentees
be called.
The PRESIDENT pro tempore. The names of the absentees
will be called.
The Secretary called the names of the absent Senators, and
the following Senators answered to their names: Messrs
B a i l e y , B u r n h a m , C u l l o m , F l e t c h e r , N e w l a n d s , P e r c y , and
6319
FI.OUR TRADE IN LATIN AMERICA.
The VICE-PRESIDENT laid before the Senate a communica
tion from the Secretary of Commerce and Labor, transmitting,
pursuant to law, a report by Special Agent John M. Turner on
the flour trade in Latin America, part 1, containing the results
of his investigations in the island of Porto Rico, which, with
the accompanying paper, was referred to the Committee on
Commerce and ordered to be printed.
MACHINE-TOOL TRADE IN AUSTRIA-HUNGARY, ETC.
The VICE-PRESIDENT laid before the Senate a communi
cation from the Secretary of Commerce and Labor, transmitting,
pursuant to law, a report by Capt. Godfrey L. Carden, United
States Revenue-Cutter Service, on the machine-tool trade in
S tone.
Mr. KEAN (when Mr. B r ig g s ' s name was called). My col Austria-Hungary, Denmark. Russia, Netherlands, Italy, and
league [Mr. B r i g g s ] is necessarily absent on business of the France, which, with the accompanying paper, w as referred to
the Committee on Commerce and ordered to be printed.
Senate.
FINDINGS OF TH E COURT OF CLAIMS.
Mr. OLIVER ( w h e n the n a m e of Mr. P e n r o s e was c a l l e d ) .
My c o l l e a g u e [Mr. P e n r o s e ] i s d e t a i n e d from the Senate on
The VICE-PRESIDENT laid before the Senate communica
i m p o r ta n t b u s in e s s .
tions from the assistant clerk of the Court o f Claims, trans
Mr. ELKINS (when Mr. S c o t t ’s name was called). My col mitting certified copies of the findings of fact filed by the court
in the following causes:
league [Mr. S c o t t ] i s unavoidably detained from the Senate.
The wardens and vestrymen of St. James Episcopal Church
Mr. RAYNER (when the name of Mr. S m i t h of Maryland
was called). M y colleague [ M r . S m i t h of Maryland] i s absent of Marietta, Ga., v . United States (S. Doc. No. 54S) ; and
on account of sickness.
C.
Pauline Mahaney, administratrix de bonis non of Joseph
The PRESIDENT pro tempore. Forty-nine Senators have P. Mahaney, deceased, v . United States (S. Doc. 547).
The
foregoing
causes were, with the accompanying papers, re
responded to their names. A quorum is present.
ferred to the Committee on Claims and ordered to-be printed.
HOUR OF MEETING.
MESSAGE FROM TH E HOUSE.
Mr. JOHNSTON. I move that the Senate hereafter meet at
12 o’clock. I will ask unanimous consent. I think there should
be no objection to it, for the reason that the gentlemen who
hxed the hour of 11 as the time for meeting were not present
when the time arrived.
Mr. ELKINS. Mr. President, I object.
Mr. JOHNSTON. I make the motion. I believe it does not
require unanimous consent. I move that hereafter when the
Senate adjourns it shall adjourn to meet at 12 o’clock.
The PRESIDENT pro tempore. The Senator from Alabama
moves that until otherwise ordered the Senate shall meet at
12 o’clock. [Putting the question.] The Chair is uncertain.
Mr. ELKINS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. OLIVER (when his name was called). I am paired with
the junior Senator from Oregon [Mr. C h a m b e r l a in ] , and there
fore withhold my vote.
The roll call was concluded.
Mr. OLIVER. I will transfer my pair with the junior Sena
tor from Oregon [Mr. C hamberlain ] to my colleague [Mr. P en
ro se ] and vote “ nay.”
Mr. STONE (after having voted in the affirmative). I voted
Inadvertently. I am paired with the Senator from Wyoming
[Mr. C l a r k ], and withdraw my vote.
Mr. DILLINGHAM. I have a general pair with the senior
Senator from South Carolina [Mr. T il l m a n ] , who is absent. I
do hot know how he would vote if present. So I withhold my
vote.
The VICE-PRESIDENT resumed the chair.
The result was announced—yeas 29, nays 28, as follow s:
A message from the House of Representatives, by W J
Browning, its Chief Clerk, announced that the House had dis
agreed to the amendment of the Senate to the bill (II. R. 18700)
to prevent the dumping of refuse material in Lake Michigan
at or near Chicago; asked a conference with the Senate on the
disagreeing votes of the two Houses thereon; and lmd appointed
Mr. Mann , Mr. S tevens of Minnesota, and Mr. S im s managers
at the conference on the part o f the House.
m e m e s s a g e u i e u ------------------------------------~
u i B H g r w a to
the amendments of the Senate to the bill (II. R. 24877) to
authorize additional aids to navigation in the Light-House
Establishment and to provide for a bureau of light-houses
in the Department of Commerce and Labor; asked a conference
with the Senate on the disagreeing votes of the two Houses
thereon: and had appointed Mr. Mann , Mr. S tevens of Minne
sota, and Mr. B artlett of Georgia managers at the conference
on the part of the House.
The message further announced that the House had passed
without amendment the Joint resolution (S. J. Res 97) au
thorizing the construction and maintenance of wharves piers
and other structures in Lake Michigan, adjoining certain lands
in Lake County, Ind.
The message also announced that the House had passed the
bill (S. 7053) granting pensions and increase of pensions to
certain soldiers and sailors of the Regular Army and Navv nnd
wars other than the civil war and certain widows and de
pendent relatives of such soldiers and sailors with amendments
in which it requested the concurrence of the Senate
The message further announced that the H ouse‘lmd passed
the following bills, in which it requests the concurrence of the
Senate:
H.
R. 5085. An act for the relief of E. D. JudkiqsH .R . 13517. An net authorizing a credit in certain accounts
of the Treasury of the United States;
H. R. 15103. An act to reimburse G. n . Kitson for montv ad
vanced to the Menominee tribe of Indians, of Wisconsin • ‘ *
II. It. 18357. Anact for the relief of Matthew McCarthyH. It. 18556. Anact for
the relief of Charles K ehoe•'
II. R -19610. An act for the relief of Peter Clark • ’
H. R. 20553. Anact for the relief of Sanford A riuvnn •
H. R. 20860. Anact for
the relief of John Blackston •’
H. R. 21163. An act for the relief of Frank Chroneberrr •
H. R .22592. Anact for the relief of .Tames B. BoydH. R. 24683. Anact for the relief of Charles Held - ’
H B- 25185. An act granting pensions and increase of pen
sions to certain soldiers and sailors of the civil war and certain
widows and dependent relatives of such soldiers and sailorsH. It. 25406 An act granting pensions and incmase of pen
sions to certain soldiers and sailors of the civil war and certain
widows and dependent relatives of such soldiers and sailorsH .R . 25409. An act granting pensions and increase of p e n
sions to certain soldiers and sailors of the Regular Army and
Isaiy and certain soldiers and sailors of wars other than the
civil war, and to widows and dependent relatives of such sol
diers and sailors;
bacon
bailey
Borah
Bourne
Bristow
Brown
Burrows
Burton.
Aldrich
B rad ley
Bulkeley
Burkett
Burnham
cSU
Bankhead
Beveridge
B ram leg ee
firlg g g
C h a m b e rla in
Clark, Wyo.
Clarke, Ark.
JrUlberson
D an iel
C lapp
C ra w fo rd
C ullom
D ixon
F le tc h e r
F ra z ie r
G ore
H a le
C ra n e
C um m in s
C u rtis
E lk in s
F ry e
G a llin g e r
G am ble
Y E A S — 29.
Ile y b u rn
H u g h es
J o h n s to n
Jones
M cE n e ry
M oney
N ew lan d s
P a y n te r
N A Y S— 28.
G uggenheim
K ean
Lodge
M a rtin
N elson
N ixon
O liv er
N OT V O T IN G — 35.
L o rlm e r
D av is
M cC um ber
D epew
D ick
O v erm an
^ Owen.
D illin g h a m
D o lliv er
^TeuiTfSti
du P o n t
P u rc e ll
F lin t
R ic h a rd s o n
F o s te r
R oot
L a F o lle tte
S c o tt
So Mr. J ohnston ’s motion w as agreed to.
P e rc y
P e rk in s
S im m ons
S m ith , Mich.
S m ith , S. C.
P age
P ile s
R ayner
S m oot
S te p h e n so n
S u th e rla n d
W etm ore
S h iv ely
S m ith , Md.
S to n e
T a lia fe rro
T a y lo r
T illm a n
W a rn e r
W a rre n
6320
CONGRESSIONAL RECORD—SENATE.
H. R. 25414. An act for the relief of John Ridenbangh, alias
Henry Ridenbaugh;
H. R. 25773. An act granting pensions and increase of pen
sions to "certain soldiers and sailors of the civil war and certain
widows and dependent relatives of such soldiers and sailors;
and
II. It. 25S22. An act granting pensions and increase of pen
sions to certain soldiers and sailors of the Regular Army and
Navy and certain soldiers and sailors of wars other than the
civil war, and to widows and dependent relatives of such sol
diers and sailors.
ENROLLED BILLS SICNED.
The message also announced that the Speaker of the House
had signed the following enrolled bills and joint resolution, and'
they were thereupon signed by the Vice-President:
S. 7610. An act granting pensions and increase of pensions to
certain soldiers and sailors of the civil war and certain widows
and dependent relatives of such soldiers and sailors;
S. 8014. An act granting pensions and increase of pensions to
certain soldiers and sailors of the civil war and certain widows
and dependent relatives of such soldiers and sailors;
H. It. 14464. An act making appropriations to provide for the
expenses of the government of the District of Columbia for the
fiscal year ending June 30,1911, and for other purposes;
H. It. 19962. An act establishing a commission of fine arts;
and
H. J. Res. 191. A joint resolution to provide for the printing
as a House document of 500,000 copies of Farmers’ Bulletin
No. 391.
PETITIONS AND MEMORIALS.
May 16,
As am ended th e bill provides, in lieu of all pensions, retired pay ac,
cording to previous ran k and iength of service for all honorably dig.
charged surv iv in g volu n teer officers who served six m onths or more
eith er as officers or as officers and enlisted men in th e Army, Navy, or
M arine Corps of th e U nited S tates d u rin g th e civil w ar, and th e same
provision is made for a lim ited num ber of su rv iv in g officers of regulars
who rendered sim ilar service and have n o t been retired . The schedule of
such retired pay is o n e-third of th e n atio n al governm ent pay of offl.
cers of corresponding ra n k in th e R egular A rmy fo r those beneficiaries
who served tw o y ears or more, and fo r th o se who served less th a n two
vears, b u t n o t less th a n six m onths, sim ilar pay in p roportion to length
of service. F o rm er officers who lo st a limb or an eye in th e line 0f
dutv, or incurred d isab ility as p riso n ers of w ar, received th e fu ll bene
fits 'o f th e ac t w ith o u t regard to the length of service.
The bill fixes m inim um lim itatio n s by providing th a t no officer of any
ran k who served six m onths or more sh all receive less retired pav th a n
S400 per annum , and th a t no officer who served tw o and one-half years
or more sh all receive less th a n $600 per annum . The bill also fixes a
m aximum lim it by providing th a t no officer of any ran k or term of
service sh all receive re tire d pay exceeding tw o -th ird s of th e p resen t pay
of a ca p tain in th e R egular Army. Section 5 of th e bill provides le tire d
pay of $30 per m onth for all su rv iv in g honorably discffiarpd enlisted
men who served n in ety d ay s or more, and whose physical or m ental
condition is of such a degree of d isab ility (n o t necessarliy of Mrvice
origin) as to require th e freq u en t and periodical aid and a tte n tio n 0f
an o th er person. The benefits of th e ac t apply only to those who have
reached th e age of 70 years.
The purpose of th e -bill as s ta te d in said rep o rt Is to rem edy an
u n fair and indefensible d iscrim in atio n w hich h as th u s f a r existed be.
tween reg u lar and volu n teer officers, and to th u s ta rd ily m ake good
the honorable obligation of th e G overnm ent to s p o r e eq u ality of tr e a t
m ent for its common and associated defenders in
AS*?'.'
.
The civil w ar d em o n strated th e wisdom of th a t fixed policy of the
U n ited S tates which m a in ta in s a d u al m ilitary arm y by employing
nniv a sm all p erm an en t arm y in peace an d w ar, and depending mainly
upon tem pora?y volu n teer a m io s or citizen soldiers fo r m eeting great
n & lta rv crises involving th e honor or existence of th e N ation, th u s
w ith a y fractio n of w h a t a large stan d in g arm y w ould cu rren tly cost,
the Republic is enabled to provide fo r th e disabled an d aged veterans
of its successive w ars.
Such ex p en d itu re for pensions and retiio d pay
k n no sen le a
ch a rity , b u t form s a p roper
an d unavoidable p a rt of
th e cost of w ar besides being a m ark of th e p a trio tic g ra titu d e of the
th e cost or w. r.
ues u a
ren dered and sacrihc incurred, n
an0 in0v esU n en tS\\™ ffih?1 asSerealiey 1 as fleets and fo rtifications, b j £
tresses th e stab ility of th e G overnm ent by assu rin g each successive
Lrencration of ou r young men th a t to h azard life and devote one’s best
v e rrs and stre n g th to service in a g re a t w ar fo r n atio n al preservation
docs not m ean th a t th e su rv iv o rs of th a t w ar sh all be punished for
th e ir p atrio tism by n eglect a t th e b an d s o f th e preserved Republic,
and h u m ilia tin g need w hen o v ertak en by th e disab ility of age.
P resid en t L incoln an d th e Congress of th a t period realized th a t both
in th e th en pending stru g g le ah d th e re a fte r such a m ilitary combinatio n could n o t be very effective or en d u rin g except th ro u g h th e en
forcem ent of en tire fairn ess an d eq u ality of tre a tm e n t and rew ard by
th e F ed eral G overnm ent as betw een reg u lars and vo lu n teers
There,
fore early in th e w ar, th ey gave to th e several S tates, and to the
v olunteers progressively fu rn ish ed by them , assu ran ce of th is eqUal
protection, rew ard , an d recognition.
T h a t assu ran ce m ainly em
bodied in th e s ta tu te of J u ly 22, 1861, is reasonably understood by
th e now su rv iv in g volu n teer officers as an equitable g u a ra n ty th at,
w hatever provision th e G overnm ent m ig h t m ake fo r th e old age of its
R egular A rmy officers and enlisted men because solely of service | a
th e civil w ar, it w ould m ake equal provision for th e old age of tts
su rv iv in g officers and enlisted men of v olunteers because of identical
service and sacrifice. T his fed eral g u a ra n ty only reenforced th e higher
and p erm an en t d ic ta te s of n a tu ra l ju stice and of enlightened ex-
The VICE-PRESIDENT presented a petition of the Chamber
of Commerce of Guthrie, Okla., praying for the enactment of
legislation providing for the sale of the segregated coal lands
of the eastern part of that State, which was referred to the
Committee on Public Lands.
He also presented a petition of the Citizens’ Northwest Sub
urban Association of Tennallytown, D. C., praying that appropria
tion be made for the construction and equipment of a conven
tion hall in the District of Columbia, which was referred to the
Committee on the District of Columbia.
Mr. CUMMINS presented a petition of sundry citizens of
Iowa, praying that an appropriation be made for the extension
of the Office of Public Roads, Department of Agriculture, which
was ordered to lie on the table.
Mr. GALLINGER presented a petition of the board of educa
tion of Nashua, N. H., praying that an appropriation be made
for the extension of the work of the Bureau of Education,
which was referred to the Committee on Education and Labor.
Ho also presented a memorial of the Woman’s Home Mission p eT h e Cyrecords in d icate th a t th e G overnm ent’s w ar-tim e pledge 0f
ary Society of the Methodist Episcopal Church of Baltimore, eo u alitv of tre a tm e n t h as been fa ith fu lly kept as between th e enlisted
nf tho iio^nliirs and th e enlisted men of th e \o lu n te e r s who server}
Md., remonstrating against the enactment of legislation to facili ffining
th e clvgil w a r
E q u \l provision is m ade fo r th e d is a b ility ^ *
tate the use of square No. 673, in the city of Washington, for old age of both. R u t as between th e officers of R eg u lars and V olunteers
storage warehouse purposes, which was referred to the Com of sim ilar civil-w ar service th a t pledge h as been and still is wholly
ignored a r D uring th e civil w ar th e volu n teer tro o p s form ed 96 Pc'
mittee on the District of Columbia.
cebt of th e arm ies of th e U nited S ta te s an d achieved 90 per cent of
Mr. DILLINGHAM presented a petition of the Ethan Allen the h isto ric resu lts. On th e o th er hand, of th e honors an d rew ard s since
extended bv th e G overnm ent to R eg u lar an d V olunteer officers as
Chapter of the National Society, Daughters of the American s^ch
exclusively in recognition of th e ir civil-w ar service and its results
Revolution, of Middlebury, Vt., praying for the retention and to t h e N ation, R egular officers, th ro u g h no f a u lt of th e ir own, have
strengthening of the Division of Information of the Bureau of received all and V olunteer officers nothing.
As a m a tte r of principle and fa ir play and qu ite regardless of the
Immigration and Naturalization in the Department of Com financial
co n siderations involved, th is record of u nm erited disparagemerce and Labor, which was referred to the Committee on m ent m ay well encounter th e p resen t p ro te st of surv iv in g civiI-War
Volunteer officers, and alm o st equally th e p ro te st of th e form er enlisted
Immigration.
who served in th e ir command.
He also presented a petition of the Philadelphia Yearly Meet men
Xn th e jud g m en t of th e com m ittee th e provision, by th is bill, 0f a
ing of the Religious Society of Friends, of Pennsylvania, pray m oderate scale of re tire d pay fo r th e surv iv in g civil-w ar officers as
ing for the enactment of legislation providing for the sup such is justified by co n siderations of th e g re a te s t w eig h t and s u p p o r t^
reasons th a t are unansw erable. Since th e close of th e w ar no logis.
pression of the so-called “ white-slave traffic,” which was ordered hv
ffition of any n a tu re h as been enacted in d istin ctiv e recognition of thos^
men and of th e invaluable service th ey rendered to th e N ation in | tg
to lie on the table.
trem ity by recru itin g , organizing, leading in action and caring for
Mr. KEAN. I present a communication, in the nature of a ex
tiie citizen soldiers, who form ed th e bulk of th e U nion Army.
petition, from Col. -J. M. Foster, of Newark, N. J., praying for
T he m e rit of th e cause of th ese men h as n o t been disputed and n0
the establishment in the War Department of a civil war volun ad verse actio n h as been recorded, b u t h ith erto th ey have been persisten
tlv
to make w ay fo r com m ercial and o th e r in te re sts and to
teer otticers’ retired list. I ask that the communication be w a it “ asked
more convenient season.” W hile th u s w aitin g n early one-third of
printed in the R ecord and referred to the Committee on Mili th e ir reduced num ber have died. Obviously, fu rth e r postponem ent
would
>uld m ean reiu
refu sa
sal.
i.
, ,
...
. ., ,,
tary Affairs.
I f th e tim e be now a t h an d to rew ard th ese men, an d by th e passing
There being no objection, the communication was referred
such a bill as th is to recognize th e ir service to th e U nion and to
Ifill
th
e
G
overnm
ent’s
pledges
of
eq
u
ality
between
th
e R egulars and
to the Committee on Military Affairs, and ordered to be printed
ilunteers, why should n o t th a t eq u ality be m ade com plete? \yilv
in the R ecord , as follows:
ould
is uul
a c t apply only to those who sh all nave
have
ouici uthiee benefits
oeneuis uofi th
iuia
In re II. R. 18899 and R eport No. 1010.
T he Com m ittee on M ilitary Affairs, to whom w as referred th e hill
(II. It. 18899) to create in the W ar D epartm ent and th e Navy D ep art
m ent, respectively, a roll designated as “ The Civil W ar V olunteer Offi
cers’ R etired L ist,” to authorize placing thereon w ith retired pay certain
surviving officers who served in the A rm y, Navy, or M arine Corps of
th e U nited S tates in th e civil w ar, and for o th er purposes, reported
thereon w ith a recom m endation th a t it do pass w ith ce rtain am end
m ents as in said rep o rt (No. 1010) set forth.
id le d th e age of 70 y ea rs? I n none of th e ac ts rew ard in g Regular
rav officers has such an age lim it been imposed. By successive acts
Congress, no tab ly th o se of Ju ly 28, 1866, M arch 3, 1875, April 23
04, Ju n e 29, 1906, M arch 2, 1907. all reg u lar officers who did civil:
ir service, w h eth er th a t service w as long or sh o rt, as officers or ented men, a re upon retirem e n t given one advance grade of retired rank
d pay n o t in any degree because of th e ir professional life service |n
e arm y an d navv, h u t solely in recognition of th a t civil-w ar service
. .
^
. ■i A. 1, l v—
VI*i41-1 A<nt1.wai> sxfRstava n f
...
1910.
COS’GRESSIONAL RECORD—SENATE.
all the railroad company would hare to do would be to insist
on its suit being brought in this new court; but leave that out,
the delay before the commission is quite sufficient to make that
a very obnoxious provision. I have been told—I do not know
that it is by authority—that that will go out; that there is such
a general understanding, or rather that Senators will generally
accede to the unwisdom of that proposition. Do I make it plain
to the Senator from Vermont?
Mr. PAGE. Perfectly.
Mr. CUMMINS. Mr. President, I had hoped that the call
for a quorum of the Senate would bring the senior Senator
from Minnesota [Mr. N elson ] into the Chamber, for I very
much desired that he should fully understand the history of
these cases before the circuit courts. I am sure that he would
Rot have reached the conclusion which he apparently has
reached if he had examined the cases that have already been
before the circuit courts and have been determined. I do not
intend to detain yon five minutes, but I ask every Senator
here what his standard of expedition is in the trial of cases in
a circuit court of the United States. How long do you think
it ought to be after a suit has begun before it is decided? I
venture to say that there will be varying answers to that in
quiry ; but, as I remarked earlier in the day, there are certain
steps in every suit of this character that must be taken that
can not be expedited. I venture the assertion, further, that
substantially all the delay that has taken place in the circuit
courts has taken place for the convenience of counsel, and not
because the court was unable to accept a submission of the
controversy. I intend that the R ecord shall show now defi
nitely—although it is contained in a table that I presented a few
moments ago—the exact time which the cases so far heard
bare consumed in the cireuit courts.
The first one that I have on my list consumed eighteen months,
and that was by reason of the inability of counsel to prepare
the case for trial. I have ascertained that by making an in
vestigation.
The second case w as in the circuit court just two months;
the third case was in the court a month and a h a lf; the fourth
vase was in the court three and one-fifth m onths; the fifth case
was in the court ten months; the sixth case was in the court
a month and a half; the seventh case fourteen months; and
again, the delay, as I have ascertained, -was due rather to the
engagements of counsel than to the inability of the court to take
the submission. The eighth case was in the circuit court three
months; the ninth case one month; the tenth case one month;
the eleventh case three and one-half months; the twelfth case
two months; the thirteenth case two and one-half months; the
fourteenth case two and one-half months; the fifteenth case
six and one-lialf months; the sixteenth case two months; the
seventeenth case one and one-half months; and the eighteenth
case fourteen months; and that again was partially due to the
want of preparation on the part of counsel. The nineteenth case
was in the court one month. That is the history of the nine
teen cases in which this new court would have jurisdiction
which have been determined by the circuit courts of the United
States in the last four years.
Mr. BEVERIDGE. Mr. President-----The VICE-PRESIDENT. Does the Senator from Iowa yield
to the Senator from Indiana?
Mr. CUMMINS. I yield.
Mr. BEVERIDGE. So that, with the exception of three cases,
the average, as I gathered it as the Senator read the statement,
does not exceed two months?
Mr. CUMMINS. I have not computed the average as to
any portion of the cases, but as to the whole number of cases.
Mr. BEVERIDGE. One case was ten months and another
was nine months. Outside of the three cases, they were pending
from one month to two and a half months.
Mr. CUMMINS. The average of the 19 cases that have
been decided in the circuit court is four months and twentv-two
days.
Mr. BEVERIDGE. Including the three cases which had been
delayed for the convenience of counsel?
Mr. CUMMINS. Precisely.
Mr. BEVERIDGE. Outside of those three, as the Senator
will find, the average does not exceed two and a half months or
two months.
Mr. CUMMINS. When I prepared this list possibly two
months ago—I have not examined the matter since—there were
nine cases still pending in the circuit court, and only nine. Of
that number all but a single one was brought either during mid
summer of last year or during the present year. So that there
uas been no delay in any of these cases.
I must emphasize the record in this particular. I want no
Senator to put his vote upon this proposition upon the false
6341
assumption that there has been any delay in the circuit courts.
On the contrary, the circuit courts have a record upon this
question beyond and above all criticism, and I believe the time
which these eases have consumed in the circuit courts is not
one-half the time the ordinary suit in equity consumes in the
circuit courts.
I pass from that to the suggestion just made by the senior
Senator from Idaho [Mr H e y b u r n ] in response to the q u e s
tion of the Senator from Vermont [Mr. P a g e ] . H is answer mav
have been perfectly clear to the Senator from Vermont but it
was not so pellucid as it floated over to this part of the Cham
ber. I think, though, I understood what he said He s a i d
that there would be a great many cases arise before the In
terstate Commerce Commission under the change in the law
which we authorized on Friday. I agree with °him entirely •
but he was not quite so clear and definite, I thought, with re^
gard to the number of those cases which would finally find their
way into the new- commerce court.
Mark you, under its jurisdiction the commerce court can as
sume the jurisdiction of those cases only in which a suit is
brought to enjoiu or restrain or set aside or cancel the order
of the commission; and I repeat what I said when the Senator
from Vermont was in colloquy with the Senator from Georgia,
that only orders under the long-and-short-haul provision which
could be attacked by these suits are orders fixing rates as to
intermediate points or possibly as to terminal points.
Undoubtedly under this section the railroads could bring suit
to set aside those orders, just as they can bring suits to set
aside all the orders of the commission fixing rates; but the
commission can not fix rates any faster than it has in’the past
It has taken its time, and I think all of its time, in that work
and we have seen the number of cases which found their wav
into the courts upon the work of the commission during the last
four years. It makes no difference whether the commission
fixes the rates before the privilege is given to the railways to
charge more for a shorter liaul than for a longer distance or
whether it fixes the rates upon complaint of the shippers or of
localities after the permission has been granted. That does not
increase the number of instances in which the rates are fixed by
the commission. That is the point I desire to make.
Mr. PAGE. Mr. President-----The VICE-PRESIDENT. Does the Senator from Iowa yield
to the Senator from Vermont?
Mr. CUMMINS. I do.
Mr.'PAGE. As I understand the law as it is to-day, a case
must be made by a complainant before it comes before the In
terstate Commerce Commission. As it will be if this bill
passes, every new rate must be passed upon by the Interstate
Commerce Conmiision. It seems to me that within a year to
illustrate, a new road may be built from Chicago, through the
Senator’s home city, to Omaha, for instance. When it is built
that new road may decide that it wants some business that is
now taken by the older roads. It reduces its rates from* th*
rates now current, and the result is that every other road m u s t
reduce its rates. The change involves a reduction in certain
cases, and an enlargement of rates in other cases: but in anv
event, under the new law as now proposed, every rate m u s t h i
passed upon by the Interstate Commerce Commission- and if
it is inconsistent with the ideas of the railroad company the
railroad company can bring, and, as it seems to me mav he
likely to bring, some procedure to take the matter before the
court of commerce. I may be wrong about that, but I a m
simply suggesting it to the Senator.
Mr. CUMMINS. The Senator from Vermont is in error with
regard to a portion of what he has just said. In the first place
it is not likely that there will be any such new road built and
it would be very inopportune and unwise for us to establish a
new court upon the hypothesis that there will be a railroad of
that kind constructed within the next year or tw o; but assum
ing now that there is no such road constructed—and I think von
may well assume that the Senator from Vermont is in e r r o r
in another tiling. The Interstate Commerce Commission is not
given the authority under the section that we adopted on Fridov
to take up all the rates in the United States and p ro tS d to fix
them. I hope the Senator has not that view of the matter
Mr. PAGE. But any rate which provides a greater charge for
a longer than for a shorter distance becomes automatically
operative unless the Interstate Commerce Commission relieves
the railroads of the necessity of making a new rate
Mr. CUMMINS. Of course the Senator knows that those
rates comprise a very small portion of the rates in the United
States. They may be \ erj flagrant in their enormity, but they
are not numerically large as compared with the number of in
stances in which the long-haul rate is as great as, or greater
than, the short-haul rate.
6342
If (he railroads desire to charge more for the shorter than the
longer distance, then, as I understand this section, they make
their application to the Interstate Commerce Commission for
permission to do so; but before the commission can grant that
authority, it must find that the rates which are involved—that
is to say,’ in those cases or at those points at which the charge
is greater for a shorter than for a longer distance—are just
and fair and reasonable. There is no authority given for fixing
those rates at all.
Mr. PAGE. But allow me to inquire----- Mr! CUMMINS. The only result is that if the commission
finds that the rates are unjust and unfair and unreasonable,
then it refuses to grant to the railroad company the privilege
of charging more for a shorter than a longer distance; and there
is no point in connection with such an order that can be chal
lenged by a suit in injunction.
Mr. PAGE. I should like to ask one question more, and then
I will not bother the Senator. If a rate is made that is against
the ideas of the railroad company, is it not possible for the
railroad company in every such case, by some sort of proceeding,
to bring the matter before the commerce court?
Mr. CUMMINS. Not at all, Mr. President. The railroad
company must file a bill alleging in substance that the rate
fixed by the commission confiscates the property of the com
pany; that is to say, takes the property of the company with
out due process of law. There is no review of the discretion
or judgment of the commission. The charge must be made that
the commission had so far departed from the authority given
to it by the statute that the effect had been to take the prop
erty of the railroad company without compensation.
Mr. PAGE. Did I understand the Senator from Idaho [Mr.
H eyburn] correctly when he said, as I understood, that prob
ably all these eases in whieli the Interstate Commerce Com
mission entered a decree would be taken before the commerce
court?
Mr. CUMMINS. I regret to say that I understood him in
much the same w ay; but, if he were here, I feel that he would
take this opportunity to correct that statement, because I be
lieve it was inadvertently made, and that he did not mean to
say that all the work of the Interstate Commerce Commission
could be reviewed in the commerce court.
The VICE-PRESIDENT. The question is on the amendment
offered by the Senator from Iowa [Mr. Cummins ] to strike out
the first six sections of the bill.'*"
Mr. CUMMINS. Mr. President, I understand the" yeas and
nays have been ordered.
The VICE-PRESIDENT. The yeas and nays have been or
dered. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). I have
a general pair with the senior Senator from South Carolina
[Mr. T illman], who is detained from the Senate. I transfer
that pair to the Senator from Delaware [Mr. du P ont] and
vote. I vote “ nay.”
Mr. FLINT (when his name was called). I am paired with
the senior Senator from Texas [Mr. Culberson]. If he were
present, I should vote “ nay.” As he is absent, I withhold my
vote.
Mr. JOHNSTON (when Mr. F oster’s name was called).
The Senator from Louisiana [Mr. F oster] is paired with the
Senator from North Dakota [Mr. McCumber].
Mr. OLIVER (when his name was called). I have a pair
with the junior Senator from Oregon [Mr. Chamberlain], I
transfer that pair to my colleague [Mr. P enrose] and vote. I
vote “ nay.”
Mr. SIMMONS (when Mr. Overman’s name was called).
My colleague [Mr. Overman] is absent. He is paired with the
junior Senator from Missouri [Mr. W arner], If my colleague
were present he would vote “ yea.”
Mr. RAYNER (when his name was called). I am paired
with the junior Senator from Delaware [Mr. R ichardson ]. I
transfer the pair to the senior Senator from Alabama [Mr.
B a n k h e a d ], and vote “ yea.”
Mr. STONE (when his name was called). I have a general
pair with the senior Senator from Wyoming [Mr. Clark].
That Senator has been for some days and still is detained by
sickness. I transfer the pair, under the practice obtaining here,
to the junior Senator from Maryland [Mr. Sm ith ], and I vote
“ yea.”
Mr. FLETCHER (when Mr. T aliaferro’s name was called).
My colleague is absent. He is paired with the junior Senator
from West Virginia [Air. Scott].
The roll call was concluded.
Mr. CULLOM. I desire to announce the pair of my colleague
[Mr. Lorimer] with the junior Senator from Arkansas [Mr.
D avis].
Mat igy
CONGRESSIONAL RECORD—SENATE.
Mr. KEAN. My colleague [Air. B riggs] is necessarily absent
on business of the Senate. He is paired with the senior Senator
from ATrginia [Air. D aniel]. If my colleague were present he
would vote “ nay.”
Mr. PERCY. Aly colleague [AH. AIoney] is unavoidably
absent. He is paired with the junior Senator from Wyoming
[Mr. Warren].
Air. ROOT. Aly colleague [Air. D epew] is necessarily absent.
He i s paired with the Senator from Tennessee [Air. T a y l o r ],
Air. ELKINS. Aly colleague [Air. Scott] is paired with the
senior Senator from Florida [Air. T aliaferro]. If my c0j
league were present, he would vote “ nay.”
Air. SIAIAIONS. I desire to inquire whether the senior Sena,
tor from Ohio [Air. D ick ] has voted.
The VICE-PRESIDENT. He has not.
Air. SIAIAIONS. I have a pair with the senior Senator from
Ohio on amendments, lasting until to-morrow. I transfer the
pair to the Senator from Oklahoma [Air. Owen] and let my
vote stand.
Air. DIXON. I wish to announce that the Senator fr0n,
Wyoming [Mr. Clark] is absent on account of illness. He js
paired with the senior Senator from Alissouri [Air. Stone],
The result was announced—yeas 2S, nays 37, as follows:
Bacon
B ailey
Beveridge
B orah
B ristow
Clapp
Clarke, Ark.
Aldrich
B ourne
B radley
B randegee
Brown
Bulkeley
B u rk ett
B urnham
B urrow s
B u rto n
Bankhead
Briggs
C ham berlain
C lark, Wyo.
C ulberson
D aniel
D avis
YEAS— 28.
H ughes
Jo h n sto n
La F o lle tte
M cEnery
M artin
N ew lands
P ay n te r
NAYS— 37.
Guggenheim
C arter
H ale
C rane
Jones
Cullora
K ean
C u rtis
Lodge
D illingham
Nelson
Dixon
Nixon
E lk in s
Oliver
F ry e
P age
G allinger
P erk in s
Gamble
NOT VOTING— 27.
McCumber
Depew
AIoney
Dick
O verm an
du P o n t
Owen
F lin t
P en ro se
F o ster
R ichardson
H eyburn
Scott
Lorim er
Clay
C raw ford
C umm ins
D olliver
F letch er
F razier
Gore
P ercy
P u rcell
R ay n er
Shfvely
Simm ons
Sm ith, S. C.
Stone
P iles
R oot
S m ith, Mich.
Smoot
S tephenson
S u th erlan d
W etm ore
Sm ith, Aid.
T a lia fe rro
T ay lo r
T illm an
W arn er
W arren
So the amendment of Air. Cummins was rejected. .
Air. CUMAIINS obtained the floor.
Air. BACON. I have an amendment in regard to this section
If what the Senator from Iowa proposes does not relate to that
I ask that he let me proceed.
Air. CUAIMINS. The Republican minority of the committee
has two further amendments to this----Air. BACON. To this same section?
Air. CUAIMINS. To these six sections.
Air. BACON. All right.
Air. CUAIMINS. And if it is just as agreeable to the Senator
from Georgia I should be very glad to present them.
Air. BACON. Aly amendment relates to the first section up0n
which we have just acted, and thought possibly with the
ter fresh in the minds of Senators it would be better to vote
upon it now than later.
Air. CUAIMINS. I have no objection.
Air. BACON. I offer an amendment striking out sections ]
and 2 and inserting in lieu thereof the matter contained in this
amendment. I will ask that only so much of the amendment as
is found on pages 1, 2, 3, 4, and 5, to the ninth line, be now
read, because the balance of the amendment relates to changes
that will be made necessary if that portion of the amendment be
adopted. It is not necessary to read that until the Senate has
acted upon it.
If the Senate will pardon me before the amendment is read, I
wish to make a short statement. Possibly Senators will i*,t.
ter understand what it is. This amendment proposes to sub
stitute the circuit courts of appeals for the commerce court
which is provided for in the bill. In other words, the circuit
courts of appeals, if this amendment is adopted, will have the
same jurisdiction and the same powers in regard to interstate
commerce business that it is proposed to be vested in this particular court, and the amendment is to that effect. I simply
make this reference to it to explain it. I now ask that the
amendment be read.
The Secretary. It is proposed to strike out sections
and to insert in lieu thereof the following:
I
mat
1 and 2
Section 1. T h a t th e several circu it co u rts of appeals, as established
by th e ac t en titled “An ac t to estab lish circu it co u rts of appeals and
to define and reg u late in ce rta in cases th e ju risd ictio n s of th e courts of
1910.
CONGRESSIONAL RECORD—SENATE.
For that reason I have offered this amendment; and I desire
to state, for I do not think it is improper that I should do so,
that I have conferred with eminent judges now upon the bench
in regard to it, and it has been presented in harmony with their
views. Of course, judges have not volunteered these things, but
it has not been improper for them, upon the matter being
brought to their attention by those of us who are charged with
that responsibility, to give us their views in regard to it; and I
am prepared to say that there are eminent judges now on the
bench who have been consulted with reference to the amend
ment, and in their opinion it is vastly superior to the proposi
tion to constitute this proposed commerce court.
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from Georgia.
Mr. HALE. I w as not present when the amendment was
read. Let the amendment be again read.
The PRESIDING OFFICER. The amendment w ill be again
read.
Mr. BACON. I will state to the Senator from Maine, if the
Chair will pardon me a moment, that it probably will not be
necessary to read all the amendment, but the first part of it, in
which the change is made. I want to have it read as far as the
Senator desires, but it is quite long, and I will say to him that,
in the main, in so far as the powers of the court are concerned,
and so forth, it is substantially a copy of the bill, and the prin
cipal change is in the substitution of this court for the pro
posed commerce court.
Mr. HALE. I wish to have the language dealing with that
feature read.
Mr. BACON. Y e s; that is what I thought, and that probably
it might not be necessary to read the entire amendment.
The PRESIDING OFFICER. The amendment is to strike
out sections 1 and 2 and to insert as the Secretary will read.
Mr. BACON. Beginning at the beginning.
The Secretary read as follow s:
S ection 1. T h a t th e s e v e ra l c irc u it c o u rts o f a p p e a ls, a s e sta b lish e d
+
e a c t e n title d “ An a c t to e s ta b lis h c ir c u it c o u rts o f a p p e a ls an d
t 2 M_efine a n d r e g u la te in c e rta in ca ses th e ju ris d ic tio n s of th e c o u rts
° l
. U n ite d S ta te s , a n d fo r o th e r p u r p o s e s /’ a p p ro v ed M arch 3, 1891.
s h a ll h a v e ex c lu siv e o rig in a l ju ris d ic tio n to ex e rc ise in ch a m b ers an d
te rm tim e o v er a ll cases o f th e fo llo w in g k in d s, b u t no o th e r d iffe re n t
o r g r e a te r ju ris d ic tio n w ith re s p e c t th e re to th a n is now possessed an d
ex e rc ised u n d e r e x is tin g la w by th e c irc u it c o u rts o f th e U n ite d S ta te s :
^ h i r s t . A ll ca ses fo r th e e n fo rc e m e n t o th e rw ise t h a n by ad ju d ic a -
Mr. HALE. That is sufficient.
The PRESIDING OFFICER. The question is on agreeing to
the amendment of the Senator from Georgia. [Putting the
question.] The noes seem to have it.
Mr. BACON. What is the motion? I could not hear it.
The PRESIDING OFFICER. The question is on the amend
ment proposed by the Senator from Georgia.
Mr. BACON. It was not understood here.
The PRESIDING OFFICER. The Chair w ill put the question
again. The question is on the amendment proposed by the
Senator from Georgia. Senators in favor of the amendment
will say “ aye,” contrary “ no.” [Putting the question.] The
noes seem to have it. The noes have it.
Mr. BACON. I desire to say that I do not call for the yeas
and nays simply because the vote indicates that it probably will
be practically the same as that which has already been taken.
Otherwise I should certainly call for the yeas and nays. I do
not desire unnecessarily to consume time. I deem it proper to
make this announcement in order that it may not appear to
have been passed by without reference to the question of the
yeas and nays.
So Mr. B acon’s amendment was rejected.
The PRESIDING OFFICER. The Secretary w ill proceed
with the reading of the bill.
Mr. CUMMINS. Before offering the amendment I have be
fore me, I desire to propose an amendment to the bill and ask
that it be printed and lie on the table, to be offered hereafter
and also a second amendment, to be likewise printed and lie
on the table.
The PRESIDING OFFICER. Without objection, the amend
ments will be printed and lie on the table.
Mr. CUMMINS. I desire also to modify the amendment
proposed by myself, representing the minority of the committee,
on March 18, 1910, striking out sections 13, 14, and 15 The
amendment proposed at that time will be found printed on
pages 30 and 31 of the reprint of the bill of April 7, 1910.
I desire the amendment reprinted with the following in
serted after the word “ purpose,” on page 31, line 15.
If the orders I requested are entered, I now offer another
amendment to the bill.
The PRESIDING OFFICER. The order will be entered, as
requested. The Secretary will read the amendment.
6345
Tim S e c r e t a r y . On p a g e 2 , l i n e 2 4 , s t r i k e o u t t h e w o r d
f i\6
a n d in s e rt th e w o rd
th r e e ” b e fo re th e w o rd ^ j u d g e s ”
so t h a t i f a m e n d e d i t w i l l r e a d :
J
s
T h e s a id c o u rt s h a ll be com posed o f th r e e ju d g e s.
Mr. CUMMINS. There are a series of amendments on the
paper sent to the desk. They are of like import. They are
intended to so change the bill that the court of commerce will
be composed of three judges instead of five judges
reThe PRESIDING OFFICER. The entire amendment w ill be
Mr. CUMMINS. I would be very glad if the amendments
could be considered together, because they are a part of the
same proposition.
p
or tne
Mr. KEAN. May I ask the Senator from Iowa If the a m e n d
ments now offered treat of salaries too?
Mr. CUMMINS. They do not.
Mr. ALDRICH. I suggest that the amendments be read ro
that we may know what they are.
80
Ifbfji PRESIDING OFFICER. The amendments w ill be read
The S e c r e t a r y . On page 2, line 2 4 , strike out “ fiv e ” and
insert “ three,” so as to change the number of judges from five
to three; on page 3, line 2, strike out “ fiv e” and insert
“ three,” so as to read:
F o r th e p erio d o f th r e e y e a rs .
On page 3, line 4, strike out the word “ fiv e ” where it read*
“ five additional circuit Judges ” and insert “ three,” so as to
read:
’
T h re e a d d itio n a l c ir c u it Judges.
On page 3, line 6, after the word “ three,” strike out the
comma; and also strike out the word “ four,” with the comma
after the same, and the words “ and five,” and insert the word
“ and ” after the word “ two,” so as to read :
y ea rs, resp ectiv ely .
’
LWO’
a n a “ ree
Mr. CUMMINS. Mr. President, I ask the consent of the Sen
ate that these amendments may be disposed of in a single vote*
because it would be very incongruous if one of them should be
adopted and the others defeated. I desire above all things to
maintain a certain harmony in the bill.
I have but a word to say about the amendments. The bill as
it is now establishes a court of five members. There certninlv
must be very grave doubts in the minds of Senators whether
the work to be done will require the services of five members
of the new court. I do not believe there is work for one iudo-e
continuously, but I would be unwilling to establish a c o u r t
with a single judge because of the gravity of the questions t w
would be presented to the court. Therefore, in order that tu l
tribunal may be as inexpensive as possible, having due re-nr,i
to its entire efficiency in transacting all the business that c a n
possibly come before It, I have offered these series of amend
ments. Whenever debate upon them is closed, I wish to asifor the yeas and nays.
The PRESIDING 01 I I( ER. In the absence o f objection
the several items in the p r e s s e d amendments will be
as one amendment The Chair hears no objection. The oues
tion is on the amendments.
e
Mr. CUMMINS. I ask for the yeas and nays
The yeas and nays were ordered, and the Secretary nrnceeded to call the roll.
J y
Mr. KEAN (when the name of Mr. B r ig g s was called)
Mv
colleague [Mr. B r ig g s ] is necessarily absent. He is m ired
with the Senator from Virginia [Mr. D a n i e l ] , i f my coileasrne
were present he would vote “ nay.”
6
Mr. DILLINGHAM (when his name w as called) Aeain T
announce my general pair with the Senator from South Cam
lina [Mr. T i l l m a n ] ; but I transfer that pair on this vote a n d
all other votes to-day to the Senator from Delaware iMv ™
P o n t ] , and vote. I vote “ nay.”
are lMr* Du
Mr. FLINT (when his name w as called). I naaiu
my pair with the senior Senator from Texas [Mi? C u l b e r s o n ?
If he were present I should vote “ n a y ”
C u lberso n ] .
Mr. PERCY (when Mr. Money’s name was called). My coll ^ UWARRrKN]
Yl
P
WUh the Senat0r from Wyoming
Mr. OLIVER (when his name was called). I am m ired
t ’1?
n n w ?
r° m
S reg0n
[ M r ‘ C h a m b e r l a in ],
b u t,
I transfer
at pa r to my colleague [Mr. P e n r o s e ] and vote
“ n a y ” I make this statement to apply to all other votes that
may be taken to-day.
Mr. SIMMONS (when Mr. O v e r m a n ’s name w as called). I
a«a in ifluUOaDCe
absence of my colleague [Mr. Overman] on
official business. H e is paired w ith the junior Senator from
6346
CONGRESSIONAL RECORD—SENATE.
Missouri [Mr. W arner], I shall not make the announcement
again to-day.
,
„
Mr. SIMMONS (when his name was called). I am paired
with the senior Senator from Ohio [Mr. Dick ].
The roll call was concluded.
Mr JOHNSTON I desire to announce that my colleague
IMr ’B ankhead] is paired with the Senator from Delaware
Mr IIichabdson], and that the Senator from Arkansas [Mr.
D a v i s ] I s paired with the Senator from Illinois [Mr. L o b im e b ].
Mr ROOT I wish again to announce the pair of my colleague [Mr. D epew ] with the Senator from Tennessee [Mr.
T aylob] •
The result was announced—yeas 25, nays 35, as follows:
Bacon
Bailey
Beveridge
B orah
Bourne
B ristow
Clapp
Clay
C raw ford
Cumm ins
Dolliver
F letch er
F razier
Gore
YEAS— 25.
H ughes
Jo h n sto n
L a F o lie tte
M artin
N ew lands
P a y n te r
P ercy
NAYS— 35.
G uggenheim
C arter
H ale
C rane
Jones
Cull ora
K ean
C u rtis
Lodge
D illingham
M cEnery
E lkins
Nixon
F rye
O liver
G alllnger
P age
Gamble
NOT VOTING— 32.
MeCumber
Depew
Bankhead
Money
Dick
Briggs
Nelson
Dixon
C ham berlain
O verm an
C lark, Wyoming du F o n t
Owen
Clarke. A rkansas F lin t
P enrose
F oster
Culberson
R ichardson
H eyburn
Daniel
S cott
L orim er
D avis
A ldrich
B radley
Brandcgee
Brown
liulkeley
B u rk ett
B urnham
B urrow s
B urton
P u rcell
R ayner
Shively
S m ith , S. C.
P erk in s
P iles
R oot
S m ith, Mich.
Smoot
Stephenson
S u th erlan d
W etm ore
Simmons
S m ith, Md.
Stone
T a lia fe rro
T aylor
T illm an
W arn er
W arren
So the amendment of Mr. C u m m i n s was rejected.
The PRESIDING OFFICER. The Secretary will proceed
with the reading of the bill.
Mr. CUMMINS. I offer the amendments which I send to the
desk. I may say, before the Secretary reports them, that they
refer to a single subject, which I shall explain as soon as the
Secretary has read the amendments.
The PRESIDING OFFICER. The Secretary will state the
amendments proposed by the Senator from Iowa [Mr. C u m
m i n s ].
The S e c r e t a r y . It is proposed to strike out, in line 9, page 8,
the words “ United States ” and to insert the words “ Interstate
Commerce Commission.”
Strike from lines 11 and 12, page 8, the words “ and in the
Department of Justice.”
Strike out lines 8, 9,10, and 11 and the words “ United States,
and,” in line 12, page 11, leaving section 4 to read:
Sue. 4. The U nited S ta te s may intervene in any case o r proceeding
in th e co u rt of commerce w henever, though it h a s n o t been m ade a
p a rty , public in te re sts a re involved.
Strike out section 5, being from and including line 15, page
11, to and including line 3, page 12.
Mr. CUMMINS. Mr. President, I assume that these amend
ments will provoke some discussion. They are intended to re
store this bill to the practice or procedure of the present law,
so far as suits brought against the Interstate Commerce Com
mission are concerned.
It will be remembered that in this part of the bill it is pro
vided that all such suits as have heretofore been brought against
the Interstate Commerce Commission to set aside, annul, or
restrain the orders of that body shall hereafter be brought
against the United States; that notice in such suits shall be
served upon the Attorney-General; and that he may, in behalf
of the United States, defend them. These amendments strike
out such parts of the bill as so provide; but, in so far as the
first six sections are concerned, which relate to the court of
commerce, they would remain, authorizing the procedure with
which we are at the present time familiar.
I believe that one of the vicious things about the bill as it
originally came into the Senate was the transfer of the defense
of cases arising upon orders entered by the Interstate Commerce
Commission from the commission to the Attorney-General. I
expressed my views upon that subject with some earnestness
and at some length when I originally reviewed the bill. Re
flection has only strengthened the conviction I then held. We
will make a serious mistake if we dismiss the Interstate Com
merce Commission from the defense of suits which involve the
validity of its orders and substitute for the commission the
Attorney-General of the United States.
*
r
Ma i
i0
I have no disposition to discriminate among Attorneys r
eral. There are some good ones and there are some baii J "‘1|there are some wise ones and there are some foolish
there are some who have great skill in the law and there'**'
some who have not. I want it to be distinctly understood
I am not basing these amendments upon any weakness or
strength of any Attorney-General we have ever had or haily
the probability of Attomeys-General in the years to come
principle established by the bill is bad and will render , ***
measure, the law ineffective. All Senators know the chart 5
of these cases; but I may be permitted to develop, I think
out offense, some of the characteristics of these cases.
A complaint is filed before the Interstate Commerce c
mission, either by a shipper or by a civic organization inter!
in railway rates and seeking relief. The commisson at'*'**'*
begins to investigate, sometimes employing its own lawVer'f
the purpose and sometimes depending upon the counsel eiitplr "f‘r
by the aggrieved shipper or organization. These comni,’^ 1
involve intricate accounts; they involve usually the revi..!"1'*
many economic, industrial, and commercial conditions; andThTf
usually drag their weary way over a period of many
You have just put upon the people of the United States a
■
of commerce, upon the pretense, or upon the assumption—l "".n
not call it a “ pretense ’’—that there has been great delav'i11
the circuit courts of the United States in the disposition of i 1
cases over which this new court is to have jurisdiction; whoithe real delay is in the Interstate Commerce Commission
***
I do not mean to criticise the commission, because I i>eJ,
that a more energetic and faithful and hard-worked bodv**'<>
men are not known to the laws of the United States than ti"*
Interstate Commerce Commission; but, instead of an averof four months, as we have seen is the average of cases in '.'f“
courts, I venture to say—although I have not examined the ,n. I('
ter, and I can not be accurate—that the average of the cases il,‘
any importance in the Interstate Commerce Commission i’f
more than two years, and always will be so.
It is a record of that sort that precedes the conclusion of th
commission, and during the course of that examination th!
members of the Interstate Commerce Commission and ti
counsel who have been employed by the Interstate Cominerle
Commission, or who have appeared for the complai,,..5®
shipper or organization have become familiar to the last det- p
and most minutely with all the conditions and circumstane!
surrounding the case. The commission decides it, and the raM
way company believes, we will assume, that the order of ti
commission so far transcends its authority or is such an aim*!
of its discretion that it can successfully attack the order i
court, and then the suit is brought, not in the circuit court ,*
the United States but, as the Senate has just ordained, in tj,
commerce court sitting at Washington. Do you not think that
a commission which has already reached the conclusion that
the complaint of the shipper or of the organization, as it
be, is well founded, can better defend that case than an j J
torney-General who knows nothing whatsoever about it, and
who can not, without infinite pains and patience and tinm,
come familiar with what the Interstate Commerce Commissi’,,,
already knows and with what its counsel has already developed?
But that is not the most serious objection to this proposition'
The most serious one is that when the case comes to the Attor
ney-General, ignorant as he is with regard to what has tran^
pired, it is for him to determine whether or not he will defend
the case at all. I had some discussion about this matter when
I addressed the Senate upon the subject before. No matter
how much confidence we may have in the Attorney-General
nevertheless when that case comes to him, he is bound in his
conscience to examine it and to defend it if he believes there is
a good defense; but if he believes there is no defense, it becomes
his duty to refuse to defend it. And yet the Interstate Com
merce Commission has, after long investigation, decided that the
complainant had a grievance and ought to have a remedy. Are
you intending to destroy the relief which the commission has
granted in such a case to the shipper simply because the Attorney-General differs from the commission respecting the
merits of the controversy? It is a most extraordinary propo
sition.
Now, tell me why this proposition is made anyway? Why d0
you take away from the Interstate Commerce Commission this
right to defend its orders? It does not save you any moneyon the contrary, it adds to your annual expense. Does it make
any more effective the defense? N o; it takes away some of the
protection we now have.
I will tell you why; and if you have pursued, and have be
come familiar with the course of this development, yon will
know why. It was thought by some very learned people that
the whole scheme ought to be reorganized. It was believed that
1910.
CONGRESSIONAL RECORD— SENATE.
Mr. FLINT presented n petition of Pomona Grange, No. 1,
Sonoma County, Cal., praying for the establishment of a
national bureau of health, which was referred to the Com
mittee on Public Health and National Quarantine.
Mr. BULKELEY presented a petition of Local Grange No. 74,
I’atrons of Husbandry, of Farmington, Conn., and a petition of
Local Grange No. 78, Patrons of Husbandry, of Colchester,
Conn., praying that an appropriation be made for the extension
of the work of the Office of Public Roads, Department of Agri
culture, which were ordered to lie on the table.
He also presented a petition of Local Grange No. 78, Patrons
of Husbandry, of Colchester, Conn., praying for the establish
ment of a national bureau of health, which was referred to the
Committee on Public Health and National Quarantine.
Mr. DILLINGHAM presented a memorial of Local Union
ATo. |32. United Garment Workers of America, of Brattleboro,
* [remonstrating against any increase in the rate of postage
on ■eond-class mail matter, which was referred to the Com
p e t e , mi Post-Offices and Post-Roads.
I H e also presented a petition of the Religious Society of
■Tiemls, of Plaiiitielf!, N. J., praying for the enactment of legisAtion to suppress the so-called “ white-slave traffic,” which was
rdem-d to lie on the table.
Mr. SIMMONS presented a petition of the Chamber of Com
merce of Hickory, N. C., praying for the enactment of lecrisiai“ 0n making certain changes in the present discriminatory
Jreiglit rates, which was referi’ed to the Committee on Inter
p a te Commerce.
LM r. BI'i;KETT jiresonted a communication from the Beaver
Telephone Company, of Beaver City, Nebr., transmitting
.Asolutions adopted by the Missouri Independent Telephone
Association, favoring the enlargement of the powers of the
r*ters!;if,. (Vmmeree Commission, giving them jurisdiction
Ver telephone companies, which were referred to the Committee
® Interstate Commerce.
Mr. ROOT presented resolutions adopted by the New York
Trd of Trade and Transportation favoring an appropriation
of F»0,GOO to provide for a tariff commission, which werejjft6d to the Committee on Appropriations.
A Mr. OWEN. I present a telegram in the nature of a petition
Hie Farmers’ Educational and Cooperative Union of AnierP Rud the American Society of Equity in joint convention asp teid .ii at St. Louis, Mo., May 7, 19io, which I ask may be
in the R ecord and referred to the Committee on Public
^ H t b and National Quarantine.
^ B je r e being no objection, the petition was referred to the
^ ■ m itic e on Public Health and National Quarantine and orP *d to be printed in the R e c o r d , as fo llo w s:
6387
He also presented a petition of Local Union No. 549, Painters
and Decorators, of Erie, Pa., praying for the enactment of
legislation to amend the laws governing the seamen of the
American merchant marine, which was referred to the Commit
tee on Commerce.
REPORTS OF COMMITTEES.
Mr. BRADLEY, from the Committee on Claims, to whom
were referred the following bills, reported them severally with
out amendment and submitted reports thereon:
A bill (H, It. 67G6) for the relief of It. Q. Merrick (Report
No. 696);
A bill (H. R. 2648) for the relief of Harry W. Krumm, post
master at Columbus, Ohio (Report No. 697); and
A bill (S. 7314) for the relief of Carl Krueger (Report No
698).
Mr. BRADLEY, from the Committee on Claims, to whom
were referred the following bills, submitted adverse reports
thereon, which were agreed to, and the bills were postponed in
definitely :
A bill (S. 3631) for the relief of E. Scott Arrington (Report
No. 699) ; and
A bill (S. 7420) for the relief of J. Walter Duncan (Report
No. 700).
Mr. OLIVER, from the Committee on Claims, to whom was
referred the bill (II. It. 11524) for the relief of James T Cas
well, postmaster at Narragansett Pier, R. I., reported it w ith
out amendment and submitted a report (No. 701) thereon
Mr. OWEN, from the Committee on Indian Affairs, to whom
was referred the bill (S. 1978) providing for the enrollment
of certain persons as members of the Osage tribe of Indians
reported it with amendments and submitted a report (No. 702)
thereon.
ALASKA SHORT LINE RAILWAY AND NAVIGATION COMPANY.
Mr. PILES. From the Committee on Territories I report
back favorably with amendments the bill (S. 7056) to extend
the time for construction and beginning construction of the
Alaska Short Line Railroad in Alaska, and I submit a report
(No. 695) thereon. I request the immediate consideration of
the bill.
Mr. ELKINS. Will it excite debate, I w ill ask the Senator
from Washington?
Mr. PILES. Oh, no; there will He no debate about it It is
simply a little railroad in competition with no other line The
bill merely proposes that the time for construction shall be ex
tended.
The Secretary read the bill, and there being no objection the
Senate, as in Committee of the Whole, proceeded to its consid
mL .
_
S t . L o u i s , M o ., M a y 7, 1910.
I0n- R. L. Owen ,
eration.
B
U n i te d S t a t e s S e n a te , W a s h i n g t o n , D . G .:
The amendments were, on page 1, line 1, after the werri
L * /? 0, following resolutions adopted by rising vote. Kindly file copy
Committee on Public Health and give copy to every member of the “Alaska,” to insert “ by the Alaska Short Line Railway and
in the name of the organized farmers of the country.
Navigation Company; in line 5, page 1, to strike out “ twelve ”
^ R j e r e a s th e p re s e rv a tio n o f th e n a tio n a l h e a lth is a m a tte r of th e and insert “ eleven.” so as to rend “ 1911; ” on page 1 line 9 to
^ ■ ? s t im p o rta n c e to all th e fa r m e r s o f th e ccoo u n tr;
try ; a n d
^ ■ h e r e a s it is p ro p o sed to e s ta b lis h a n a tio n a l d e p a rtm e n t o f h e a lth , ?strike out “ tw elv e” and insert “ eleven," so as to read “ 1911- ”
w ill a s s u m e th e fu n c tio n s o f th e v a rio u s b u re a u s fo r th e F e d e ra l and on page 2, line 3, at the end of the bill, after the word
^ H O '.n m e n t h a v in g c h a rg e o f th i s s u b je c t a n d form a p ra c tic a l w o rking
^ ^ P u z a t i o n , w h ich w ill co o p e ra te w ith th e S ta te s In a ll m a tte r s re- “Alaska,” to insert a colon and the following additional pro
1, >' ; ° t h e p u b lic h e a l t h : T h e re fo re
,
_ ,
J viso :
S
T h a t th e F a rm e rs ’ E d u c a tio n a l a n d C o o p era tiv e U n io n of*
P r o v id e d fu r th e r ,
a n d th e A m e ric a n S o cie ty o f E q u ity , in jo in t co n v e n tio n as-j
^ M p ie d , p r a y fo r th e e s ta b lis h m e n t o f a n a tio n a l d e p a rtm e n t o f h e a lth / com m enced w ith in
g
ra
n te d s h a ll n o t he
^ H l o s e 6 u p o n C o n g ress th e im m e d ia te e n a c tm e n t o f le g is la tio n fo r tliip
o th e r r ig h ts p rio r to
C. S. B a r r ett , P r e s i d e n t F a r m e r s ’ U n i o n .
^ ^ m s o lv e d ,
T h a t if th e a c tu a l c o n s tr u c tio n of th e ro a d he n o t
one y e a r a f t e r J u n e 1, n m > , th e r ig h t h e re b y
so c o n s tru e d as to I n te rfe re w ith th e a tta c h m e n t o f
th e co m m en cem en t o f su ch c o n s tru c tio n .
So as to make the bill read:
J
r - HEYBURN presented the petition of Asenath Roberts
41 other citizens of Wardner, Idaho, praying for the enact^ p t of legislation admitting to the mails publications of fraBphl societies as second-class matter, which was referred to
■ Committee on Post-Offices and Post-Roads.
V ' *dso presented a petition of Local Grange No. 40, Patrons
■Hisbandry, of Enunett Idaho, and a petition of Local Grange
Patrons of Husbandry, of Dale, Idaho, praying for the
IrpAolishment of a national bureau of health, which were relenvq lu Ul0 CoUlinitu,e ou public Health and National Quaralso presented a petition of the Philadelphia Yearly Meet|o f the Religions Society of Friends of Pennsylvania, praying
Hie enactment of legislation to prohibit the so-called “ wliitep traffic,” which was ordered to lie on the table.
r. F r y e presented petitions of Rowe’s Comer Grange, No.
■of Auburn; of New Century Grange, of Dedham; of Local
ffige of Gardiner, and of Eastern Star Grange, of Bangor, all
E"e Patrons of Husbandry, in the State of Maine, praying
t an appropriation be made for the extension of the work of
' iffice of Public Roads, Department of Agriculture, which
l ‘ ordered to lie on the table.
B e i t e n a c te d , e t c .. T h a t in c o n s id e ra tio n o f th e c o n s tr u c tio n o f th e
A lask a S h o rt L ine R a ilro a d in A lask a b y th e A la sk a S h o r t L in e R ailw av an d N a v ig a tio n C o m p an y bein g a c tu a lly com m enced p r io r to Tune
1, 1911. th e tim e f o r th e co m p letio n o f th e su rv ey a n d c o n s tr u c tio n of
s a id r a ilro a d be, an d th e sam e is h ereb y , e x te n d e d to a p erio d o f th r e e
v e a rs fro m s a id 1 st d a y o f J u n e , A. D. 1 9 1 1 : P ro vid ed , T h a t s a id com
p a n y sh a ll file w ith th e S e c re ta ry of th e I n te r io r m a p s o f d e fin ite lo ca
tio n o f its lin e of ro a d p rio r to th e b e g in n in g o f th e c o n s tru c tio n of a n v ‘>0
m ile sectio n th e re o f, th e sam e to be a p p ro v e d by th e S e c r e ta r y o f
In te r io r , as is now req u ired by th e a c t a p p ro v ed M av 14, 1898 nioviVi
ln g fo r r ig h t of w ay fo r ra ilr o a d s in th e D is tr ic t of A la s k a - P r o v i d e d
further, T h a t If a c tu a l c o n s tru c tio n o f th e ro a d be n o t com m enced
w ith in one y e a r a f t e r J u n e 1, 1910. th e r ig h t h e re b y g r a n te d s h a ll n o t
be so c o n s tru e d a s to in te r f e r e w ith th e a tta c h m e n t o f o th e r r ig h t s n r W
to t b s co m m en cem en t o f su ch c o n s tru c tio n .
a llts p u o r
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read ; “A bill to extend the
time for construction aud beginning of construction of its line
of railway in Alaska by the Alaska Short Line Railway and
Navigation Company.”
6388
CONGRESSIONAL RECORD—SENATE.
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent the second time, and referred as follows:
Bv Mr. BOURNE:
A bill (S. 8237) granting an increase of pension to Daniel
J Haynes (with an accompanying paper); to the Committee
on Pensions.
By Mr. FLINT:
/
A bill (S. 8238) for the relief of Henry Prince and certain
other army officers and their heirs or legal representatives; to
the Committee on Military Affairs.
A bill (S. 8239) granting a pension to Harry McFarlin; and
A bill (S. 8240) granting an increase of pension to Gunner
Larsail (with an accompanying paper); to the Committee on
Tensions.
By Mr. PILES:
A bill (S. 8241) providing for the reappraisement and sale
of certain lands in the town site of Port Angeles, Wash., and
for other purposes (with an accompanying paper); to the Com
mittee on Public Lands.
By Mr. CARTER:
A bill (S. 8242) to meet unusual conditions in the postal
service, and for other purposes; to the Committee on PostOffices and Post-Roads.
By Mr. MARTIN:
A bill (S. 8243) for the relief of the trustees of the Union
Church, of Frederick County, Va.;
_
A bill (S. 8244) for the relief of the heirs of C. T. Clatterbuck, deceased;
. .
T
A bill (S. S245) for the relief of the heirs of John E. Lewis,
deceased * and
A bill (S. S240>) for the relief of Charles F. Smith and others;
to the Committee on Claims.
B y Mr. BURTON:
A bill (S. 8247) granting a pension to Alice Jordan; and
A bill (S." 8248) granting an increase of pension to George A.
James; to the Committee on Pensions.
By Mr. FRYE:
„ T
A bill (S. 8249) granting a pension to Mary H. Jones; to
the Committee on Pensions.
By Mr. ALDRICH:
„
. „ _. . . .
A bill (S. 8250) granting an increase of pension to Violetta
M. Weaver j
A bill (S. 8251) granting an increase of pension to Lydia A.
Verry |
A bill (S. 8252) granting an increase of pension to John V.
Perkins;
,
. „
,
A bill (S. 8253) granting an increase of pension to Samuel
J. Goldsmith;
.
T
A bill (S. 8254) granting an increase of pension to Mary I.
A Jbill (g. 8255) granting an increase of pension to Louise
B. Barnard;
.
, T
A bill (S. 825G) granting an increase of pension to Louise
Bowen;
„
.
, . r__
A bill (S. 8257) granting an increase of pension to Mary
Murray (with an accompanying paper);
A bill (S. 8258) granting an increase of pension to John A.
Hall (with an accompanying paper) ;
A bill (S. 8259) granting an increase of pension to James G.
Robertson (with an accompanying paper) ;
A bill (S. 8260) granting an increase of pension to Mary J.
Lincoln (with an accompanying paper);
.
A bill (S. 8261) granting an increase of pension to Louise
M. Wilson (with an accompanying paper); and
A bill (S. 8262) granting an increase of pension to Mary A.
Wall (with an accompanying paper); to the Committee on
Pensions.
By Mr. BRADLEY:
A bill (S. 8263) for the relief of Harvey Floyd and others;
to the Committee on Claims.
By Mr. SIMMONS:
. t T„
A bill (S. 8264) granting an increase of pension to Jefferson
D. Coats (with an accompanying paper); to the Committee on
Pensions.
By Mr. SHIVELY:
A bill (S. 8265) granting an increase of pension to William C.
Fisher;
A bill (S. 8266) granting an increase of pension to Winfield S.
Webster;
A bill (S. 8267) granting an increase of pension to Loren
Shedd;
A bill (S. 8268) granting an increase of pension to Ira
Adamson;
May
17
A bill (S. 8269) granting an increase of pension to Libbins iv
D avis;
A bill (S. 8270) granting an increase of pension to WilUaill H
Power;
^
A bill (S. 8271) granting an increase of pension to John Ri(.,
ardson;
A bill (S. 8272) granting an increase of pension to Don,,
Neel;
A bill (S. 8273) granting an increase of pension to Anna fc|,
Dunkelberg;
A bill (S. 8274) granting a pension to Mary S. King (w,
accompanying papers);
11
A bill (S. 8275) granting an increase of pension to pu
Allman (with accompanying papers) ;
A bill (S. 8276) granting an increase of pension to Franf.|
Kelley (with accompanying papers) ;
A bill (S. 8277) granting an increase of pension to Lem
u.,j
Cohee (with accompanying papers);
A bill (S. 8278) granting a pension to E. Belle Piatt
(*ltl»
accompanying
papers)
and
.V U U ip u u j
-----------/ i; -----------A bill (S. 8279) granting an increase of pension to Abrahn
G. Hendryx (with accompanying papers); to the Commit,
on Pensions.
A bill (S. 8280) to correct the military record of OliVer
Rice and to grant him an honorable discharge; and
c.
A bill (S. 8281) to correct the military record of Wilija, „
Horner and to grant him an honorable discharge; to the r, "
mittee on Military Affairs.
0lli'
COURT OF COMMERCE, ETC.
Mr. SIMMONS submitted an amendment intended tn v
proposed by him to the bill (S. 6737) to create a court of 0, ^
merce and to amend the act entitled “An act to regulate c ,,a*
merce, approved February 4, 1SS7,” as heretofore amended
for other purposes, which was ordered to lie on the table ana* i"1
printed in the R ecord , as follows:
u Ut
Add a f te r th e la s t proviso of th e long-and-short-haul am endm ent ,,
ad d itio n a l p ro v iso :
„
. .
u i«
« P r o v i d e d , f u r t h e r , T h a t w hen ap p licatio n Is m ade to th e saM
m ission by a ca rrie r to fix a low er ra te fo r longer th a n for
d istan ces on account of w a te r com petition, said ap p licatio n sh all* * *
be
a -----------------f te r in-------v estig
n , sh all find thnl n'-t
UC g
mran
a u ted
i c u if
11 th
v ue
v com mission, —
. . . atio
'
low er ,.nt»
ra te oab-a/i
asked fnr
fo r will
w ill ripstrov
destroy w ate r com netition.
petition.
AFFAIRS OF DECEASED INDIANS.
Mr. FLINT submitted an amendment intended to be Prop,,,
by him to the bill (H. R. 24992) to provide for determining’
heirs of deceased Indians, for the disposition and sale of an 7
ments of deceased Indians, for the leasing of allotments
for other purposes, which was referred to the Committ^, ^
Indian Affairs and ordered to be printed.
WITHDRAWAL OF PAPERS— ELIZABETH B. PRESTON.
On motion of Mr. B urnham , it was
O r d e r e d , T h a t th e p ap ers In th e case of E lizab eth B. Presto* .
3187) be w ith d ra w n from th e files of th e S enate, no adverse r e p o rtV * '
ing been made thereon.
MONTHLY PRICES OF COMMODITIES.
Mr. LODGE. I present a statement furnished by the Unit^
States Bureau of Labor on the monthly prices of comniodiH
from January, 1909, to March, 1910. I move that the «.*
ment be printed and referred to the Select Committee on Wn,
and Prices of Commodities. (S. Doc. No. 549.)
The motion was agreed to.
SPANISH TREATY CLAIMS COMMISSION.
The PRESIDENT pro tempore laid before the Senate
following message from the President of the United <stn,
(S. Doc. No. 550), which was read and, with the accompan ,*•
paper, referred to the Committee on Foreign Relations ana I!*
dered to be printed:
To th e S e n a te an d H ouse o f R e p r e se n ta tiv e s :
I transmit herewith, for the information of the Congr<
final report of the Spanish Treaty Claims Commission duti*
May 2, 1910.
T he W hite H ouse, M ay 17, 1910.
Wm- H. Tart.
NAVIGATION REGULATIONS.
The PRESIDENT pro tempore laid before the Senate th
nendment of the House of Representatives to the
*
amendment
tbe bill (g. 73^-J*
to amend laws for preventing collisions of vessels and to re *
late equipment of certain motor boats on the navigable Wat
er»
of the United States.
Mr. GALLINGER. I move that the Senate disagree to th.
amendment made by the House of Representatives and ask f ,
a conference on' the differences between the two Houses
that the Chair appoint the conferees on the part of the gt'Ua^
1910.
CONGRESSIONAL RECORD—SENATE.
I know something of the difficulties which such an intervener
encounters when he is trying a lawsuit side by side with the
Attorney-General of the United States. There is no kinship be
tween them; there is no sympathy, and can be none, as you
must have observed if you have watched with care the progress
of these cases through the Supreme Court of the United States.
I hope, therefore, that even those Senators who believe in
the spirit of the amendment offered by the Senator from
Michigan [Mr. S m i t h ] —which unquestionably was intended
hy him to accomplish a worthy and beneficent purpose, that
the Interstate Commerce Commission should still be intrusted
with the power that we have heretofore given them, a power
that, so far as I know, has never been betrayed; a power
which, so far as I know, has never been abused; a power that
has been exercised only for the benefit and the advantage and
the welfare of the American people—w ill adhere to the amend
ment proposed by the minority of the committee and vote
against the substitute proposed by the Senator from Michigan.
Mr. HEYBUIiN. Mr. President, I should like to ask the Sen
ator from Iowa a question, if it will not bother him.
Mr. CUMMINS. I shall be very glad to answer any question
that I can.
Mr. IlEYBURN. May it not occur that the United States,
represented by the Attorney-General, would be attacking the
Interstate Commerce Commission, for the language here is “ by
or against the United States? ” It would certainly be intoler
able to have one of the branches of the Government attacking
another branch in the courts.
Mr. CUMMINS. Precisely. I think, not under the second
Paragraph conferring jurisdiction upon the court of commerce,
but upon other branches of the law and upon other subjects,
the very situation which the Senator from Idaho has suggested
may arise.
Mr. HEYBUIiN. Under section 4, under the provision that—
From and after the passage of this act all cases and proceedings in
the court of commerce which, but for this act, would be brought by or
against the Interstate Commerce Commission shall be brought by or
against the United States.
I have some difficulty in adjusting the language “ shall be
brought by or against the United States.” Then it goes on to
provide for the Attorney-General representing the cause. Sup
pose this suit attacking the judgment of the Interstate Com
merce Commission is brought against the United States, in
what position would the Interstate Commerce Commission be
placed? It would be defending against a proceeding brought by
tbe United States in effect.
Mr. CUMMINS. Mr. President, I can not conceive of any
such suit as that just mentioned by the Senator from Idaho.
Mr. IlEYBURN. It is enumerated in the proposed statute.
Mr. CUMMINS. But I agree with the conclusion that Is evi
dently in the mind of the Senator from Idaho, that it is simply
absurd to mix up the Interstate Commerce Commission and
the Department of Justice in this way.
Mr. HEYBURN. You can not bring them in without antag
onizing one against the other. It would be intolerable.
Mr. CUMMINS. That is true.
Mr. IlEYBURN. I think that some have lost sight of the
met that the court, when it once has jurisdiction, can settle
many of these questions which have been debated to-day. The
court has the inherent power to order in new parties. I f it
appears from the case as it develops that there are other real
Parties in interest who have not been made parties to the suit,
jl court of equity has the inherent power to order that they be
brought in, and Congress can neither deprive them of that right
oor can it confer it upon them. That is the power which the
Constitution of the United States gives the courts. The wordtog of the Constitution in providing for the organization of
tbe courts is very plain. Section 2 of Article III of the Con
stitution s a y s:
The judicial power—
That is, of the United States courts—
s h a ll e x te n d to a ll cases, in la w a n d e q u ity , a ris in g u n d e r th is C on
s titu tio n , th e la w s o f th e U n ite d S ta te s , etc.
These suits will arise under the laws of the United States
a»d the judicial power to determine them is conferred, not by
the provisions of an act of Congress, but by the inherent power
vested in a court of equity under the organic law. The power
Would be in the court and could not be controlled by Congress
ft would not be because of anything that we say in the nature
legislation that they might order parties into court to make
them become parties. We could not say that they should not
I ? V’ because that is the exercise of the power of the court as
st ngnished from the jurisdiction. Congress defines the jurisuiction of the courts; it creates courts and defines their juris
6461
diction, but it does not lim it their power, nor can it do so.
th e judicial power must always be clearly distinguished from
jurisdiction, otherwise we fall into all kinds of mistakes
This bill provides specifically that this court shall have'equity
jurisdiction as well as jurisdiction in actions at law. We have
theiefoie, created the jurisdiction of the court as an enuitv court
and should stop there. To go further is useless The m S
provisions in reference to this matter and this discussion as to
what the Attorney-General can do and what he can not do are
far fiom the real question, *\\ hen a case comes before the court
and it has assumed jurisdiction, that court says what shall be
done and how the case shall proceed. It is utterly unnecessary
for us to attempt by legislation to control the exercise of that
power.
Section 5 of this bill provides:
T h a t th e A tto rn e y -G e n e ra l s h a ll h a v e c h a rg e
in te r e s ts o f th e G o v ern m en t—
and
c o n tro l o f th o
c o n tro l o f th e
Well, that is always subject to the control of a court of
equity—
s h a ll h av e c h a rg e —
The word “ control ” there is not necessary. H e shall have
charge of the proceedings in which the Government is interested.
I repeat:
T h e A tto rn e y -G e n e ra l s h a ll h a v e c h a rg e a n d c o n tro l o f th e in te r e s ts
o f th e G o v ern m en t—
I t is limited to that—
in a ll cases a n d p ro ceed in g s in th e c o u r t o f com m erce a n d in th e Sn
prem e C o u rt of th e U n ite d S ta te s u p o n a p p e a l fro m th e c o u r t of com
m erce.
That is not intended to control the court in any w a y ; that is
defining the duties of the Attorney-General, and not the duties
nor the rights nor the privileges of the court in any manner
whatever. The court would determine that under the rules
that govern courts of equity. In conferring jurisdiction at law
the rule is not exactly the same. Equity begins where h w ends
Tbe old definition of equity was that it is that with which the
court deals wherein the law by reason of its universalitv is
deficient. Equity does not exist coextensive w ith the law - hut
it exists beyond the law. The United States courts whether
it be the court of commerce or the Supreme Court of tile Tin ted
States, determine from the facts presented who are the real
parties to a suit; and nothing that we can say about if enn
change it. They are not bound by any legislation u n o^ that
subject.
I t they ta d that there are other r e S S l H n t e r e S
Who ought to be heard who present to them a petition shmvine
their interest, they will order them brought in in SDite of th f
limitations we might attempt to place in this bill
It is for that reason that I have given slight heed to th e n™
visions of this bill that attempt to go beyond that prtncinla
They would be mere surplusage; any court will take care of
them; and if there were provisions in the b ill-a n d the?e are
some—that go beyond it, I would not think it worth while to
make it a turning point upon which my vote should rest in thi«
matter. I would leave it to the court, having confidSce tha?
the court would adjudicate these cases according to the ru es
governing a court of equity. I should rely upon that i f a
party has been defrauded, if Inequitable duties or restrictions
have been imposed upon him by the Interstate Commerce Com
mission, a court of equity has the inherent power to e o r r ^ i t
by any of the recognized proceedings in such a court. For that
reason and the additional suggestion that I would not under
take to merge the Interstate Commerce Commission, whose
judgment is to be reviewed at all, I can see no objection to this
provision.
Mr. NEWLANDS. Mr. President, I should like to ask the
Senator from Michigan whether he would object to the in
sertion in the amendment, on the first line, after the word
“Attorney-General,” of the words “ acting under the direction
of the Interstate Commerce Commission,” so that it would read •
T h a t th e A tto rn e y -G e n e ra l, a c tin g u n d e r th e d ire c tio n o f th e I n t e r ’
s ta t e C om m erce C om m ission, sh a ll h a v e p o w er a n d c o n tro l o f th e in
te r e s ts o f th e G o v ern m en t—
e m'
And so forth.
Mr. SMITH of Michigan. Mr. President, I certainly will
object to that, because it might very much more properly snv
th e “Attorney-General, appointed by the Interstate Commerce
Commission.”
Mr. GALLINGER. Or, acting under the direction of the
Weather Bureau.”
Mr. NEWLANDS. I do not quite understand the Senator
from Michigan. Does the Senator object to those words’
Mr. SMITH of Michigan. Yes; I object to those words.
The PRESIDENT pro tempore. The question is on the
amendment of the Senator from Michigan [Mr. S m it h ] to the
amendment of the Senator from Iowu [Mr. C u m m in s ].
CONGRESSIONAL RECORD—SENATE.
6462
Mr. CUMMINS. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. HEYBURN. Mr. President, as there Is some confusion
and the amendments apparently overlap, I should like to have
the amendment upon which we are to vote read.
Mr RAYNER. I suggest the absence of a quorum.
The PRESIDENT pro tempore. The absence of a quorum
being suggested, the Secretary will call the roll.
The Secretary called the roll, and the following Senators
answered to their names:
Aldrich
Bacon
Beveridge
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Bulkeley
Burkett
Burnham
Burton
Carter
Chamberlain
Clapp
Clay
Crane
Cullom
Cummins
Curtis
Dixon
Dolliver
du Pont
Elkins
Fletcher
Flint
Frazier
Frye
Gallinger
Gamble
Guggenheim
Hale
Heyburn
Hughes
Jones
Kean
La Follette
Lodge
McEnery
Martin
Nelson
Newlands
Nixon
Oliver
Owen
Page
Penrose
Percy
Perkins
Piles
Rayner
Root
Shively
Simmons
Smith, Mich.
Smoot
Stephenson
Tajnor
Wetmore
Mr. ALDRICH. He is paired with the senior Sena toDakota
McCumber-].
.— [Mr.
l— ---------N orth
orth---Mr. BACON. I am informed that the Senator from Lom
ana [Mr. F oster] is paired with the senior Senator ty 1
North Dakota [Mr. M cCumber ]. If the Senator from Lou| 8i. "
were present, he would vote “ nay.”
Mr. SIMMONS (when Mr. O verman ’s name was call no
My colleague [Mr. O verman ] is necessarily absent from
Chamber. He is paired with the junior Senator from M|SS,
[Mr. W arner ]. If he were present, my colleague would y"ri
“ nay.”
Mr. RAYNER (when his name was called). I am r)aI
with the junior Senator from Delaware [Mr. R ichardson i 1
transfer that pair to the senior Senator from Alabama Vv, 1
B a n k h e a d ], and vote. I vote “ nay.”
Mr. DU PONT (when Mr. R ichardson ’s name was Cnl]w,
My colleague [Mr. R ichardson ] is necessarily absent, j . y
were present, he would vote “ yea.”
Mr. FLETCHER (when Mr. T aliaferro’s name was call,
I desire to announce that my colleague [Mr. T aliafe RR( , 1
absent, and is paired with the Senator from West Vireit ,
[Mr. S cott]. My colleague will be detained for some al ' H
and I will not again make this announcement.
The roll call was concluded.
Mr. STONE. I announce my pair with the Senator fWyoming [Mr. Clark ], who is detained from the Senate k
reason of sickness. I therefore withhold my vote.
The result was announced—yeas 40, nays 23, as follows •
The PRESIDENT pro tempore. Sixty-one Senators have
responded to their names. A quorum of the Senate is present.
The question is on the amendment of the Senator from Mich
igan [Mr. S m it h ] to the amendment of the Senator from Iowa
[Mr. Cu m m in s ].
Mr. IIEYBURN. I ask that the amendment upon which we
are about to vote be stated.
The PRESIDENT pro tempore. The amendment will be Aldrich
Bradley
YEAS— 40.
Heyburn
Hughes
Jones
Kean
Lodge
McEnery
Nelson
Nixon
Oliver
Page
NAYS—23.
Frazier
Chamberlain
La Follette
Clapp
Martin
Clay
Newlands
Cummins
Owen
Dixon
Payntcr
Dolliver
NOT VOTING—29.
Lorimer
Davis
McCumber
Depew
Money
Dick
Overman
Dillingham
Purcell
Flint
Richardson
Foster
Scott
Gore
Smith, Md.
Johnston
Cullom
Curtis
du Pont
Elkins
Fletcher
Frye
Gallinger
Gamble
Guggenheim
Hale
Penrose
Perkins
Piles
Brandegee
Root
StThe Secretary. It is proposed to strike out all of section Briggs
Smith, MU*
Brown
5, and in lieu thereof to insert a new section 5, as follows:
Smoot
Bulkeley
’ Strike out section 5 of the bill and insert a new section 5, as follows: Burnham
Stephenson
“ Si r ", That the Attorney-General shall have charge and control Burton
Sutherland
of the interests of the Government in all cases and proceedings in the Carter
Taylor
commercecourt, and in the Supreme Court of the United States upon Crane
Wetmore
appeal from the commerce court; and if, in his opinion, the public in
terest requires it, he may retain and employ in the name of the United
Percy
States, within the appropriations from time to time made by the Con Bacon
gress for such purposes, such special attorneys and counselors at law Beveridge
Rayner
Shively
Is he may think necessary to assist in the discharge of any of the du Borah
ties incumbent upon him and his subordinate attorneys; and the At Bourne
Simmons
torney-General shall stipulate with such special attorneys and counsel Bristow
Smith, S. c.
the amount of their compensation, which shall not be in excess of the Burkett
sums specifically appropriated therefor by Congress for such purposes,
and shall have supervision of their action : Provided,_ That the InterStone
state Commerce Commission and any party or parties in interest to the Bailey
proceeding before the commission, in which an order or requirement is Bankhead
Taliaferro
Tillman
made shall be notified of the commencement of such proceedings and Burrows
may appear as parties thereto of their own motion and as of right, and Clark, Wyo.
Warner
Warren
be represented by their counsel, in any suit wherein is involved the Clarke, Ark.
validity of such order or requirement or any part thereof, and the inter Crawford
est of such party; and the court wherein is pending such suit may Culberson
make all such rules and orders as to such appearances and representa Daniel
tions the number of counsel, and all matter of procedure and. other
So the amendment of Mr. S m ith of Michigan to the amPn,
wise as to subserve the ends of justice and speed the determination
of such su its: Provided further, That communities, associations, corpo ment of Mr. Cu m m in s was agreed to.
rations firms, and individuals, who are interested in the controversy or
Mr. ALDRICH. Mr. President, on page 18 of the print
question before the Interstate Commerce Commission or in any suit
which mav be brought by anyone under the terms of this act, or the acts the bill which I have, in line 23, I move to strike out the u L of which it is amendatory, or which are amendatory of it relating to “ sixty ” and insert the words “ one hundred and twenty ” ra
action of the Interstate Commerce Commission, may intervene in said
The PRESIDENT pro tempore. The amendment will j
suit or proceedings at any time after the institution thereof; and the
Attorney General shall not dispose of or discontinue said suit or pro stated
ceeding over the objection of such party or intervener aforesaid, but
Mr CUMMINS. Mr. President, as I remember, there t8 .
said intervener or interveners may prosecute, defend, or continue said amendment pending to this section that was offered last ev<nlln n
suit or proceeding unaffected by the action or nonaction of the Attor
but the consideration of which was postponed upon the r«m
ney-General of the United States therein.”
The PRESIDENT pro tempore. The Secretary will call the
roll.
The Secretary proceeded to call the roll.
Mr BRIGGS* (when his name was called). I have a pair
w ith the junior Senator from North Dakota [Mr. P urcell].
I transfer that pair to the senior Senator from New York [Mr.
D epew ] and vote. I vote “ yea.”
Mr. SMITH of Michigan (when Mr. B urrows’s name was
called). My colleague, the senior Senator from Michigan [Mr.
B urrows ], is necessarily absent from the Senate. I under
stand he is paired with the Senator from Alabama [Mr. J o h n
ston ].
If he were present, my colleague would vote “ yea.”
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
T il l m a n ], who is absent from the Senate. I therefore with
hold my vote.
Mr. FLINT ('when his name was called). I am paired with
the senior Senator from Texas [Mr. Culberson ], who is un
avoidably detained from the Senate. If he were present, I
should vote “ yea: ” but as he is absent, I withhold my vote.
Mr. BACON (when Mr. F oster’s name was called). I again
announce the necessary absence of the Senator from Louisiana
[Mr. F oster] on business of the Senate. I do not know
whether or not he is paired.
as
of the Senator from Rhode Island. It might be just
to dispose first of the amendment I offered, although I do ,7 ;
care anything about that.
Mr. ALDRICH. I think it might as well be----- Mr. CUMMINS. I simply wanted to remind the Chair__ _
Mr. ALDRICH. The Senator’s amendment is not
Mr. CUMMINS. Of the fact that the amendment was t*?.'
ing, I do not know just what the parliamentary situation i
The amendment we have just voted on was postponed Un!»
to-day. Thereupon another amendment was offered and «■
pending, and it also was postponed until to-day. I thought th«*
upon the disposition of the amendment just voted upon
other would automatically be before the Senate.
The PRESIDENT pro tempore. The Chair is of the opiuirt
that the amendments offered by the Senator from Iowa, whlek
were postponed until this morning, are pending amendments
Mr. ALDRICH. Does the Chair rule-----JM
X. JJUiVim
UNO. Mr. llCftiUUUi,
Mr!
CUMMINS.
President, xI hope the V^liUir
Chair Will
will rut
_4*
*
T
nm referring
rt/v 4to
a 41ia AfllAI* QTIIOUrl1T1DTI4C
a 4"Tv1n
think
I am
the other amendmentsJ 4to
this particular
ilar
subject upon which we have now voted. Now I am referring
.........
%
to an amendment offered to section 9 of the bill, which pro.
■v
1L _ 1 }increases in nni'ltvrAW
O f A d olioll TV rvf f lr/v „
*
vides
that
railway Hrates
shall not take effect* untn
they are approved by the commission. That is the amendment
that was offered just before We adjourned last evening a,1(|
pending
1910.
CONGRESSIONAL RECORD— SENATE.
0497
He also presented a petition of the Twentieth Century Topic
Mr. BACON. Of course, there would be no objection in the
Club, of Wauwatosa, Wis., praying that an investigation be world to that.
made relative to the charges that tuberculosis and other dis- f Mr. OWEN. My purpose, Mr. President, w as that this mateases are traceable to dairy products, which was referred to, ter, which is very important, should be made known to the
the Committee on Agriculture and Forestry.
f members of the Senate and House of Representatives.
Mr. BROWN presented a petition of the E. W. Hayes Divi- , Mr. GALL1NGER. There are hearings going on now and I
Bion, No. 397, Brotherhood of Locomotive Engineers, of Beat- apprehend that this very material, or substantially the same
rice, Nebr., praying for the passage of the so-called “ boiler-in- will likely be printed with the hearings,
spection bill,” which was referred to the Committee on Interstate / ' Mr. OWEN. Undoubtedly that is the case; but I wish this
Commerce.
j ' matter
to be made
members of the ceu
Senate,
where
r,-------known
- 4.1to the
.
u ie, w
nere
rr------- -----------He also presented a petition of the Central Labor Union of they will see it conveniently in the R ecord, and to Members of
Lincoln, Nebr., praying for the adoption of certain amendments the House. I take it that it would not be out of order for me
to section 1753 of the Revised Statutes relating to the civil to read the matter in the form of a speech, and put it in the
service; to the Committee on Civil Service and Retrenchment. R ecord in that way. I thought it would be more convenient to
He also presented a petition of sundry members of the Ladies put it in the R ecord in this form. If Senators prefer that I
of the Maccabees of the World of Lincoln, Nebr., praying for should deliver it as a portion of a speech, I will take that
the enactment of legislation providing for the admission of pub'Lcourse.
...
Mr. G A L L IN G E R . It m ight then be heard b y som e S enators
lications of fraternal societies to the mail as second-class mat
ter, which was referred to the Committee on Post-Offices and I f it goes in the Record in the form the Senator asks, it w ill
Post-Roads.
—iver be read by S enators; that is certain.
Mr. OW EN. I hardly feel w illin g to a ccede to that s u g g e fl
Mr. KEAN presented memorials from Pompton Valley Grange,
f'0- 175, of Pompton Lakes; of Local Grange No. 64, of Penning ion . Some Senators o f course w ill not read it. but I think som e
ton ; of Local Grange No. 150, of Burlington; of Local Grange may. It is a m atter w hich I regard o f the deepest im portance
A°- 25, of M annington; of Local Grange No. 51, of Mullica H ill; and consequence. I am very much concerned in i t ; and I am
of Oak Grove Grange, No. 119, of Pittstown; of Hamilton very desirous that the Senate and the H ouse should be aw a re
Grange, No. 79, of Hamilton Square; of Local Grange No. 128, o f this matter.
of Cape May; of Blackwood Grange, No. 90, of Camden; of - - M r . G A L L IN G E R . Congress has taken cognizance o f this
Livingston Grange, No. 104, of Chatham; of Local Grange No. m atter to the exten t o f giving extended hearings on the su bject
3G ° f Vineland; of Riverside Grange, No. 125, of Three Bridges; w h ich are now in progress, and they w ill all be printed This
of Local Grange No. 67, of Vincentown; of Haddon Grange, very m aterial w ill be printed as a part o f those hearings.
Mr. BACON. I spoke o f the fact, as I understood it that
Ho. 38, of Haddonfield; of Local Grange No. 101, of SergeantsH lle; of Local Grange No. 166, of Blue Anchor; of Local Grange there w as a bill pending w h ich had been introduced b y the
Senator
from Oklahoma upon the su bject to w h ich t h e s e m e
Ho. 36, of Medford; of Local Grange No. 179, of Clayton; of
6 me
Liberty Grange, No. 99, of B radevelt; and of Moravian Grange, m orials relate. Am I correct in th at?
Mr. OW E N. Yes.
Ao. 187, of Hope, all of the Patrons of Husbandry, in the State
Mr. BACON. I t seems to me that the p rop er reference is to
°f New Jersey, remonstrating against the repeal of the present
oleomargarine law, which were referred to the Committee on the com m ittee having that b ill in charge, but o f course if the
Senator insists, there is no p urpose on the part o f anyone I
Agriculture and Forestry.
He also presented a petition of sundry citizens of Plainfield, suppose, to endeavor to interpose. W e sim ply d esired to su e
H. J., praying for the enactment of legislation to suppress the gest to him in the interest o f the proper volum e o f the contents
Bo-called “ white-slave traffic,” which w as ordered to lie on the o f the R ecord, as the m atter is going to be printed an yhow in
another shape, and nobody w ould ob ject to its being printed in
table.
He also presented the petition of O. J. Schwat, of Newark, the shape o f a docum ent, it m ight possibly con stitu te a con sid
H. J., praying for the passage of the so-called “ eight-hour bill,” eration w hich w ou ld change the S enator’s view in regard to if
"oich was referred to the Committee on Education and Labor. B ut if the Senator insists upon it, o f course I shall n ot pursue
DEPARTMENT OF PUBLIC HEALTH.
Mr. OWEN. I present sundry abstracts which bear on the'
Question of public health from the Oklahoma State Conference
Charities and Corrections, the president of the Iowa Medical
society, the Nebraska State Medical Association, the Grand
Council of the Royal Arcanum of Minnesota, and of sundry
granges, Patrons of Husbandry, together with a large number
of communications signed by the governors of different States.
* present them in the nature of memorials, and I should like
to have them printed in the R ecobd.
s
The PRESIDENT pro tempore. The Senator from Oklahoma
?sks that the papers he has sent to the desk be printed in the
the m atter further.
Mr. G A L LIN G E R .
I will suggest, further, that I notice bv
the newspapers there is a very earnest movement on the o th er
side of this question, and of course those gentlemen—Mr F lo w e r
of the Arena, and other gentlemen—will come in and ask A
to put their material in the R ecord. I really think w e oueht
not to do it. That is my judgm ent
b
The PRESIDENT pro tempore. Is there objection to the
quest of the Senator from Oklahoma?
J
° D t0 the ie ’
Mr. GALLINGER. Mr. President, I object
The PRESIDENT pro tempore. Objection is made.
NAVAL APPROPRIATION BILL
Mr. P E R K IN S . I am directed by the C om m ittee on N aval
, Mr. BACON. I should like to inquire of the Senator from A ffairs, to whom w as recom m itted the bill ( u . r . 0 3 3 1 1 ) mak.
Oklahoma what is the nature of the papers which he desires to ing appropriations fo r the naval service fo r the fiscal year end
fo into the R ecord. It makes a tremendous volume if every- ing June 30, 1911, and fo r other purposes, to report it w ith
thing in the nature of a memorial goes into the R ecord.
— amendments, and I submit a report (N o. 711) thereon. I am
Iso directed by the com m ittee to give notice that to-m orrow
Air. OWEN. The matter which I submit are abstracts taken
Horn letters of governors of States and very important organi iiom ing, im m ediately a fter the m orning business, the bill w ill
zations. None of them are merely from private individuals je called up fo r consideration, unless the railroad rate measure
?or inconsequential, but they are matters which ought to be should interfere w ith it.
Kuown to the Congress of the United States, and I wish to , T he P R E S ID E N T pro tem pore. T h e bill w ill be placed on
the calendar.
—■■■ilk0 this means of making them known.
REPORTS OF COMMITTEES.
Mr. BACON. I understand there is a bill pending on the
R ecord.
subject, introduced by the Senator. It seems to me the proper
reference of the papers is to the committee having charge of the
matter. I have no objection in the world except the tremendous
Volume that is added to the contents o f the R ec o b d if matters
!n the shape of memorials are printed. Of course if it is almvved in one case, it must be allowed in others.
Mr. GALLINGER. If the Senator will permit me, I will
Btate that for many years after I became a member of this
//My we were very chary about printing any such matters in
R ecord, but for the la s t year or two we have for some reaa s t A r other Plillte(I perhaps everything that Senators have
h o ' 1 think vve ou 8 ht t0 be in°re careful than we are about
rbii 8 dmvn tb e R ecord with all sorts of petitions and memoalR- I think it would be better to have this matter printed as
a document.
XLV----- 407
Mr. W E T M O R E , from the Committee on Public Buildings and
Grounds, to whom were referred the follow in g bills, reported
them each w ith ou t am endm ent and subm itted reports t h e r e o n •
A bill (S. 8090) to p rovide fo r the purch ase o f a site and the
erection o f a public building thereon at Narragansett Pier in
the State o f Rhode Island (R e p o rt No. 70S) ; and
A bill (S. 5254) to increase the lim it o f cost o f the public
bu ilding at M issoula, Mont. (Report No. 70 9).
Mr. B U L K E L E 1 , from the C om m ittee on P u blic B uildings
and Grounds, to whom w as referred the bill (S . 6217) to p ro
vide fo r the purchase o f a site and the erection o f a public
building at L orain, Ohio, reported it w ith am endm ents and
subm itted a report (N o. ilO ) thereon.
Mr. G A M B LE , from the Committee on P u blic B uildings and
Grounds, to whom was referred the bill (S. 186) providing for
G 498
the erection o f a public building in the city o f Brookings,
S. Dak. reported it with an amendment and submitted a report
(N o 712) thereon.
Mr CHAMBERLAIN, from the Committee on Public Lands,
to whom was referred the bill (S. 5628) relating to homestead
entries in the former Siletz Indian Reservation, in the State o f
Oregon, reported it with an amendment and submitted a report
(N o 713) thereon.
ITe also, from the Committee on Indian Affairs, to whom was
referred the bill (H . R. 48) granting to the Siletz Power and
Manufacturing Company a right o f way fo r a water ditch or
canal through the Siletz Indian Reservation, in Oregon, re
ported it without amendment and submitted a report (No. 714)
tliereon.
Mr. TAYLOR, from the Committee on Public Buildings and
Grounds, to whom were referred the following bills, reported
them severally without amendment and submitted reports
thereon:
A bill (S. 3892) to provide for the purchase o f a site and
the erection o f a public building thereon at Rochester, in the
State o f New Hampshire (R eport No. 7 1 5 );
A bill (S. 7427) for the purchase o f a site and erection of a
public building at H um boldt Tenn. (Rept. No. 716) : and
A bill (S. 578) to erect a post-office building in the city of
Morristown, Tenn. (Report No. 717).
Mr. FRYE, from the Committee on Commerce, to whom was
referred the bill (S. 5677) to promote the efficiency o f the LifeSaving Service, reported it with amendments and submitted a
report (No. 718) tliereon.
Mr HUGHES, from the Committee on Public Lands, to
whom was referred the bill (S. 7668) to grant certain lands to
the city o f Colorado Springs, the town o f Manitou, and the town
o f Cascade, Colo., reported it with amendments and submitted
a report (No. 721) thereon.
He also, from the same committee, to whom was referred the
bill (S. 810S) to amend an act entitled “ An act creating the
Mesa Verde National Park,” approved June 29, 1906, reported
it without amendment and submitted a report (No. 719)
thereon.
„
,
.
He also from the same committee, to whom was referred
the joint resolution (H. J. Res. 164) construing section 6 of
the act o f May 29,1908, entitled “ An act authorizing a resurvey
o f certain townships in the State o f Wyoming, and for other
purposes,” reported it without amendment and submitted a
report (No. 720) thereon.
Mr. ROOT, from the Committee on Foreign Relations, to
whom was referred the bill (S. 6S77) to amend an act entitled
“ An act to incorporate the American National Red Cross.” ap
proved January 5. 1905. reported it with amendments and sub
mitted a report (No, 722) thereon.
Mr PURCELL, from the Committee on Indian Affairs, to
whom was referred the bill (II. R. 22642) to authorize the
Secretary o f the Interior to sell a portion o f the unallotted
lands in the Cheyenne Indian Reservation, in South Dakota,
to the Milwaukee Land Company for town-site purposes, re
ported it with amendments and submitted a report (No. 723)
thereon.
Mr. BULKELEY, from the Committee on Military Affairs,
to whom was referred the bill (H . R. 18556) for the relief of
Charles Kehoe, reported it without amendment and submitted
a report (No. 724) thereon.
Ho also, from the same committee, to whom was referred
the bill (S. 823S) for the relief o f Henry Prince and certain
other army officers and their heirs or legal representatives,
asked to be discharged from its further consideration and that
it be referred to the Committee on Claims, which was agreed to.
HEIRS OP FRANCIS H. BACON, DECEASED.
Mr. BURNHAM, from the Committee on Claims, reported the
following resolution (S. Res. 238), which was considered by
unanimous consent and agreed t o :
Senate resolution 238.
Resolved, That in compliance with a communication from the chief
justice of the Court of Claims, the Secretary of the Senate be, and he
is hereby, directed to return to the Court of Claims the congressional
case of William H. Ilncon and Annie M. Smith, heirs at law of Francis
H Bacon, deceased, No. 10942 (C. and F. 191), certified to the Presi
dent of the Senate under date of February 14, 1908 (S. Doc. 276, 60th
Cong., 1st sess.), and the said court is hereby authorized to proceed in
said case as if no return therein had been made to the Senate.
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as fo llo w s:
By Mr. GUGGENHEIM :
A bill (S. 8294) granting a pension to Mary S. W. F rain;
to the Committee on Pensions.
May i 9
CONGRESSIONAL RECORD—SENATE.
A bill (S. 8295) for the relief o f the estate o f Sainuol
E lbert; to the Committee on Claims.
A bill (S. 8296) to authorize the President to appoint r
James W. Pope, assistant quartermaster-general, to the grade ^
brigadier-general in the United States Army and place hiia ^
the retired list; to the Committee on Military Affairs.
By Mr. B U L K E L E Y :
A bill (S. 8297) fo r the erection o f a public building at
Haven, C onn.; to the Committee on Public Buildings
Grounds.
By Mr. E L K IN S:
A bill (S. 8298) granting a pension to Albert L. Graves; atwl
A bill (S. 8299) granting a pension to Lucinda Phares
an accompanying paper) ; to the Committee on Pensions.
By Mr. H EYBUKN:
A bill (S. 8300) to authorize the extension o f Seventeen!!,
street N E .; to the Committee on the District o f Columbia.
**
By Mr. T A Y L O R :
A bill (S. 8301) granting an increase o f pension to Edwin p
McFarland ; to the Committee on Pensions.
“
By Mr. B R O W N :
A bill (S. 8302) for the relief o f W alter M. Sheppard
Louise J. Sheppard; to the Committee on Claims.
II v Mr. GALLIN GER:
A bill (S. 8303) to authorize the Commissioners o f the r>:
trict o f Columbia to suspend and revoke certain licenses an*
permits (with an accompanying paper) ; to the Committee
the District o f Columbia.
0,1
Bv Mr. C L A P P :
(B v request) A bill (S. 8304) to amend section 24 of an
entitled “ An act to authorize the Secretary o f the Interior «
issue patents in fee to purchasers o f Indian lands uuder „ ’ u
law now existiug or hereafter enacted, and for other purposes?'!
to the Committee on Indian Affairs.
A bill (S. 8305) to reimburse Dr. M. K. K uauff; to the Co*.
mittee on Claims.
By Mr. B O R A H :
A bill (S. 8306) granting an increase
pension to f$a^
Coffin (with an accompanying paper) ; to the
Pensions.
By Mr. CH AM B E RLA IN :
A bill (S. 8307) granting a pension to Michael < w
of
Committee ^
(with an accompanying paper) ; to the Committee on Pen^n*
Bv Mr. B E V E R ID G E :
’"«■
A bill (S. 8303) granting an increase of pension to Ra!ph
Fesler (with accompanying papers); to the Committee on p 3
sions.
By Mr. PENRO SE:
A* bill (S. 8309) granting an increase o f pension to MatiM
Simpson; and
A bill (S. 8310) to provide for the disposition o f pensions
inmates o f the naval home; to the Committee on Pensions *
Bv Mr. BA ILE Y (by request) :
A* bill (S. 8311) for the relief o f the legal representatives
the estate o f Stanford M im s; and
A bill (S. 8312) for the relief o f the estate o f Lemuel Thom,
deceased (w ith accompanying papers) ; to the Committee *'
Claims.
^
WITHDRAWAL OF PAPERS— MORTIMER A. WILBUR.
On motion o f Mr. Bulkelet, it was
Ordered, That the papers in the case of Mortimer A. Wilbur
5356) be withdrawn from the flies of the Senate, no adverse reportV * ing been made thereon.
EMPLOYEES IN IRON AND STEEL INDUSTRY.
Mr. BORAH. I submit a resolution and ask that it lie on tk,
table subject to call.
The resolution (S . Res. 237) was read, as follow s:
Resolved, That the Department, of Commerce and Labor, through m.
Bureau of Labor, be, and is hereby, directed to investigate and r,,
to the Senate as early as possible ns to the conditions of the enn K>rt
ment prevailing in the iron and steel industry of the United States
the details concerning the wages paid, the hours of labor per dav
the number of days’ labor per week, and the number employed.
’ an<l
The PRESIDEN T pro tempore. Is there objection
quest o f the Senator from Idaho that the resolution
table subject to call?
Mr. GALLINGER. I was going to suggest that I
have a report on this very subject. I recall finding
report on my table yesterday.
to the re.
lie
the
on
think w«
a printed
Mr. BORAH. I did not understand what the Senator said
Mr. GALLINGER. I suggested that I thought we had a re.
port on this very subject from the Commissioner o f Labor Mr
Neill, and it is in print—a very elaborate report.
Mr. BORAH. The Senator is in error. The report to which
he refers is only partial, in reference to one or two institutions
1910.
CONGRESSIONAL RECORD— SENATE.
6505
^ e s t Virginia wants tlie people to bear the burden of that de- necessity for invoking any right to raise the rates. They will
jay. I am not saying that he is not just as sincere as I am, but have them raised before the law goes into effect
that is the difference between him and me in this regard.
Mr. CUMMINS. No; my observation is they will want to
I pass, therefore, for the present, from the consideration of raise them again next year and again the year after because
the language of the bill and the language of the amendment to the increase in railway rates has been continuous 'and per
a brief review of what has happened lately, in order that we sistent for the last eleven years.
p
thay know whether there is something here against which we
Mr. HEYBURN. I should have to go into a disen**inn
tto
ought to protect the people.
question before I would be able to agree with the Senator *
Mr. IIEYBURN. Mr. President-----Mr. CUMMINS. I have authority for my statement and it
’ ana 1C
The PRESIDING OFFICER. Does the Senator from Iowa will be demonstrated here before the debate is over
Mr.
BORAH. Mr. President-----’
field to the Senator from Idaho?
Mr. CUMMINS. I do.
The PRESIDING OFFICER. Does the Senator from Iowa
°" a
Mr. IIEYBURN. Before the Senator passes from that rather yield to the Senator from Idaho?
Mr. CUMMINS. Yes.
dta stic statement-----Mr. CUMMINS. It is not drastic.
Mr. BORAII. I observe there are some ten or fifteen Senator*
Mr. IIEYBURN. Well, I do not mean that in a drastic in the Chamber. I move that we take a recess for one hour
Mr. HALE. I hope that will not be done
^
fense, either—that those who vote against the amendment must
The PRESIDENT pro t e n u r e . The question is on agreeing
classed with those whose sympathies are with the railroads’
to the motion of the Senator from Idaho that the Senate mi-e
a recess for one hour. [Putting the question.] The ayes sitm
Mr. CUMMINS. I did not say that.
to
have it.
J
Mr. IIEYBUR N.. I am stating the substance.
Mr. HALE. I ask for the yeas and nays.
Mr. CUMMINS. No; you are not stating the substance of it,
I 1 am allowed to interrupt you.
to ^ .lM h e rol?
ordcred> and the Secretary proceeded
Mr. IIEYBURN. I would like to be corrected if-----Mr.
DILLINGHAM
(when
was called).
called). II have
have aa
„his name
uame was
ir. CUMMINS. I said that those who believed that the rail
meral pair with the senior Senator from South Carolina [Mr
ways ought not to bear the burden of delay would vote against general
T iillman
l l m a n )],, which I
I transfer to the Senator from Ob
Ohio [Mr
'y amendment, and that those who believed that the people TD
ic k ] and will vote. I vote “ nay.”
jf Uerally should not bear the burden of the delay w ill vote for
Mr. STONE (when his n a m e‘was called)
I have a pair
amendment. There is no suggestion or imputation of any
hd in that statement. It is a mere conclusion that I draw with the senior Senator from Wyoming [M r' C l a r k 1 In his
absence,
by
reason
of
sickness,
I
withhold
mv
vote
J
wn the comparison of the two measures,
The roll call having been concluded, the result
„„
ti.
HEYBURN. One must be sure that the people w ill bear nouneed—yeas
21, nays 44, as follow s:
t Mas anburden under the circumstances.
YEAS— 21.
bia
CUMMINS. I am arguing that the people will. The Sen
Clapp
Beveridge
Fletcher
i o r from Idaho may think they will not.
Owen
Clarke, Ark.
Bora h
Gore
1‘aynter
Clay
Jones
to *r’ HEYBURN. Yes; but I do not want to feel called upon Bourne
Purcell
Cummins
Bristow
La Follette
a distinct speech or statement in order that I may Brown
Dixon
Martin
t be charged with acquiescing in this proposition, and I Chamberlain
Dol liver
Overman
with the permission of the Senator, I would at this
NAYS—44.
state that I am not at all sure in my mind that under Bacon
Cullom
Hale
Root
Curtis
isting conditions the people would be bearing the burden Bradley
Heyburn
Shively
Depew
Brandegce
Kean
uring the determination, because we know that the railroads Briggs
Simmone
Dillingham
Lodge
Smith, Mich.
ave now, in anticipation of just such legislation, put up the Bulkeley
du Pont
Nixon
Smith, S. C.
Klkins
Burkett
Oliver
ates so that it would be a question of reducing them.
Smoot
Flint
Page
Burnham
Mr. CUMMINS. And if the Senator-----Stephenson
Frye
Penrose
Burton
Sutherland
Gal
linger
Mr. HEYBURN. And l a m not sure that the-----Percy
Carter
Taylor
Gamble
Perkins
, Mr. CUMMINS. And if the Senator votes for the bill as it Crane
Warner
Guggenheim
Piles
Wetmore
’ and the invitation there found is extended to the railways, Crawford
NO'I VOTING— 27.
ie rates will be raised very, very much above the point where
Davis
Aldrich
McCumber
Scott
lIlpy are now.
Dick
McKnery
Bailey
Smith, Md.
Foster
Money
tl ^Ir’ HEYBURN. But if they are raised In anticipation of Bankhead
Stone
Frazier
Nelson
jre legislation we want to be in a position where any action Burrows
Taliaferro
Hughes
Clark. Wyo.
New lands
Tillman
l:,t is taken at all will be to lower the rates. We do not Culberson
Johnston
Raynor
Warren
Lorimer
"ant to hamper that at all.
Daniel
Richardson
Mr. CUMMINS. I am not hampering it. I am trying to
So Mr. B o r a h ’s motion w as rejected.
* revent the railways from raising their rates until those raises
AGRICULTURAL APPROPRIATION BILL.
, r,! found to be right. The people can not be hurt by that
Mr. DOLLIVER submitted the follouing report:
proposition. The only concerns that can be injuriously affected
j
the railroads, if they are prevented from raising the rates.
The committee of conference on the disagreeing votes of the
1 s«y they ought to bear the burden.
tn'O Houses on the amendments of tHe Senate to the bill (H R
Mr. IIEYBURN. If legislation could be put in operation by 18162) making appropriations for the Department of Agricul
jO'iching a button, it would be one thing, but we must remem- ture for the fiscal year ending June 30, 1911, having met
j>er that it can not. This legislation can not possible be put after full and free conference have agreed to recommend ami
a force for weeks or months. It is between now and then that do recommend to their respective Houses as follow s:
1 ani looking after the situation.
That the Senate recede from its amendments numbered 12, 17
Mr. CUMMINS. But the bill that the Senator from Idaho and 41.
® evidently for—that is, the provision reported by th e com
mittee—will no more take care of this intervening period than
amendment I have offered.
Mr. HEYBURN. I admit that. Next comes the inquiry as
j° why the amendment is necessary. Neither of them will to the same.
aike care Gf }(-_
Amendment numbered 24: That the House recede from its
Mr. CUMMINS. Neither of them will take care of the in- disagreement to the amendment of the Senate numbered ">4 and
jaases that are made between now and the time the bill takes agree to the same with an amendment as follow s: In lieu of the
Effect.
amount proposed in the amendment substitute the words “ turn
Mr. HEYBURN. That is right.
hundred and fifty thousand one hundred and fifty-five dollars • ”
Mr. CUMMINS. But the Senator from Idaho w ill live years and the Senate agree to the same.
’
arter that time. We are not making a law for the next two or
Amendment numbered 26: That the House recede from its
'ref; months. We are making a law for years and years to disagreement to the amendment of the Seante numbered 26, and
hno. w e can not avoid the calamity that has already fallen agree to the same with an amendment as fo llo w s: In lieu of the
bon the people in the general increase of railway rates', but do amount proposed in the amendment substitute tbe words “ one
‘’t give the railroads an opportunity to repeat that perfoimmuce million one hundred and ninety-three thousand three hundred
111 days to come.
and forty-six dollars; ” and the Senate agree to the same.
Win1- HEYBURN. But they will do it. In anticipation they
Amendment numbered 28: That the House recede from its
II put themselves in a position where they will not And the disagreement to the amendment of the Senate numbered 28, and
-f
ought,
I
if,
f l
6506
C O N G R E S S IO N A L
RECORD— SEN ATE.
agree to the same with an amendment as follows: In lieu of the
amount proposed in the amendment substitute the words “ one
million seven hundred and fifty-eight thousand two hundred and
six dollars; ” and the Senate agree to the same.
Amendment numbered 42: That the House recede from its
disagreement to the amendment of the Senate numbered 42, and
aeree to the same with an amendment as follows: In lieu of the
amount proposed in the amendment substitute the words “ eight
hundred and ninety-five thousand seven hundred dollars; ” and
the Senate agree to the same.
Amendment numbered 43: That the House recede from its
disagreement to the amendment of the Senate numbered 43, and
a"ree to the same with an amendment as follows: In lieu of the
amount proposed in the amendment substitute the words “ five
thousand dollars; ” and the Senate agree to the same.
Amendment numbered 44: That the House recede from its
disagreement to the amendment of the Senate numbered 44. and
a"Tee to the same with an amendment as follows: In lieu of the
amount proposed in the amendment substitute the words “ two
hundred and two thousand nine hundred dollars;” and the
Senate agree to the same.
Amendment numbered 45: That the House recede from its
disagreement to the amendment of the Senate numbered 45, and
agree to the same with an amendment as follows: In lieu of the
amount proposed in the amendment substitute the words “ five
hundred and thirty-two thousand one hundred and eighty dol
lars ; ” and the Senate agree to the same.
Amendment numbered 50: That the House recede from its
disagreement to the amendment of the Senate numbered 50, and
awree to the same with an amendment as follows. In lieu of the
amount and the language proposed in the amendment strike
o t he comma and substitute the words as follows: “ of which
Rumfive thousand dollars shall be especially devoted to experiments relating to the culture of coffee; ” and the Senate agree
M
a y
19
referred to by the Senator from Iowa. [Putting the question
The “ ayes ” seem to have it.
!‘-i
Mr. CARTER. On that I ask for the yeas and nays.
The yeas and nays were not ordered.
The PRESIDENT pro tempore. The question is on agroei,
to the motion of the Senator from New Hampshire that n*
Senate recede from its amendment
The motion was agreed to.
Mr. HALE. Let us have the regular order, Mr. President,
COURT OP COMMERCE, ETC.
The Senate, as in Committee of the Whole, resumed the
sideration of the bill (S. 6737) to create a court of conn, , ’n‘
and to amend the act entitled “An act to regulate coiunien '
approved February 4, 1887, as heretofore amended, and t ' ’
other purposes.
The PRESIDENT pro tempore. The question is on agrfv,
to the amendment proposed by the Senator from Iowa rv*
Cu m m in s ]. I s the Senate ready for the question?
Mr BORAH. The Senator from Iowa has left the ChaUi
Mr. HALE. I do not think we ought to proceed and ? '
the vote in the absence of the Senator from Iowa. He has
“
here all the morning.
Mr. ELKINS. Is there some one else who wishes to
the Senate?
Mr. HALE. Probably the Senator from Montana or the s
ator from Idaho.
Mr. BORAH. I do not desire to address the Senate, and
>t desire to have the vote proceed in the absence of the gw do
om Iowa under the circumstances in which he left the Cham!'0*'
Mr
that; ought
Ail. IHALE.
1AHD. IX do
XIV not
vivyu think
--“ ----rT, 7to be done.
....
Mr. DOLLIVER. I make the point that no quorum is rif(
ent.
The PRESIDENT pro tempore. The Secretary will
call the
The Secretary called the roll, and the following
Senat0r,
t0Amendment numbered 58: That the House recede from its answered to their names •
Gore
Clarke, Ark.
Perkins
disaereement to the amendment of the Senate numbered 58, and Bacon
Guggenheim
Piles
Clay
agree to the same with an amendment as follows: In lieu of the Borah
Hale
Crawford
Purcell
Bourne
Heyburn
lnnmiaee proposed in the amendment substitute the words “ The Bradley
Cullom
Rayner
Johnston
Curtis
Simmons
Secretary of Agriculture for the fiscal year nineteen hundred Brandegee
Jones
liepew
and twelve, and annually thereafter, shall transmit to the Secre- Briggs
La Follette
Dillingham
f„, v ”t tlie Treasury for submission to Congress in the Book of Bristow
Lodge
Dixon
Stone
Brown
Martin
Dolliver
Sutherland
PMimates detailed estimates for all executive ofiicers, clerks, Bulkeley
Oliver
Elkins
daylor u
mid employees below the grade of clerk, indicating the salary or Burkett
Owen
Frazier
Warner
Burnham
compensation of each, necessary to be employed by the various Burton
Page
Frye
»\ etmore
Paynter
Gallinger
bureaus, offices, and divisions of the Department of Agricul Chamberlain
Percy
Gamble
ture- ” and the Senate agree to the same.
The PRESIDENT pro tempore. Fifty-four Senators have
Amendment numbered 59: That the House recede from its
d i ^ r e e S \ o the amendment of the Senate numbered 59, and sponded to their names. A quorum is present.
agree to the same with an amendment as follows. In lieu of the
PENSIONS AND INCREASE OF PENSIONS.
amount proposed in the amendment substitute the words thir
Mr. BURNHAM. I am directed by the Committee on p „,
teen million four hundred and eighty-seven thousand six han sions to request that the Senator from North Dakota iu0'
dled and thirty-six dollars; ” and the Senate agree to the same. M cCumber ], the Senator from West Virginia Mr. S cott],
Amendment numbered 37: That the conferees have been un- the Senator from Florida [Mr. T aliaferro ] be excused
"*
service as conferees on tbe part of the Senate 011 the follows
aW e t0 a - r e e j . p . DOLLIVEB,
omnibus
pension
bills:
Senate
bill
5237,
Senate
bill
557;^ *
F. E. W arren,
House bill'19403, and that the Senator from Utah [Mr. S m, „ ' ,
H. D. M oney ,
the Senator from Kansas [Mr. Cur t is ], and the Senator jv, *
M anagers on th e p a rt of th e Senate.
Tennessee [Mr. T aylor] be appointed in their place.
C h a s . F. S cott,
I am also directed by the committee to ask that the Sena*
W m . W. Cocks ,
from North Dakota [Mr. M cCum ber ] and the Senator f,,.
J o h n L am b ,
West Virginia [Mr. S cott] be excused from service as <yg
M anagers on th e p a r t of th e Eoxise.
ferees on the part of the Senate on the following omnibus
Sion b ills: H. R. 20490, H. R. 21754, S. 6073, and g. 627 ? ^
The PRESIDENT pro tempore laid before the Senate the ac that the Senator from Utah [Mr. S moot] and the Senator fv,°r
tion of the House of Representatives still further insisting upon Kansas [Mr. Cu r t is ] be appointed in their place. As s
i disagreement to the amendment of the Senate (No. 3 0 to tors know, the Senator from North Dakota [Mr. McCi mkA*
tife bill S( H R 18162) making appropriation for the Department is ill, confined in a hospital.
The PRESIDENT pro tempore. The Senator from \„ w
S Ag icuTture for the fiscal year ending June 30, 1911 and rem ie s K a further conference with the Senate on the disagree- Hampshire asks that the Senators named by him be exc)!s,j
from service as conferees on the bills he has indicated, and that
ino- votes of the two Houses thereon,
.
Mr DOLLIVER. I desire to state to the Senate that there the Senators he has named be appointed in their place. With,
no”difference between the two Houses except as to a single out objection, it will be so ordered.
senate i m e S c n t to this bill, and that Is tbe amendment which
PUBLIC BUILDING AT PLYMOUTH, MASS.
increases from 25 to 35 per cent the portion of the forest fund
Mr CLAY. From the Committee on Public Buildings ana
wh clfis paid over to the States in which the forests are located Grounds I report back without amendment the bill (S. SlOl?
for the purpose of maintaining schools and roads. The Senate to increase the limit of cost for the purchase of a site
by an amendment increased it from 2o to 35 per cent. To t ■ the erection of a post-office and custom-house at P l y i n g
increase the House objects, and it has repeatedly rejected the Mass. I call the attention of the Senator from Massachusetts
conference report on that ground only.
.,
Mr. GALLINGER. I move that the Senate recede from its t0 Mi’6 LODGE. I ask for the present consideration of the bill
amendment.
_
,
,
Mr! ELKINS. How long will it take?
The PRESIDENT pro tempore. The Senator from New
Mr. LODGE. About one minute.
Hampshire moves that the Senate recede from its amendment
1
1910.
CONGRESSIONAL RECORD—SENATE.
6731
was found to be futile from the start, not alone because of the
Think of the incentive to war when the Russian battle fleef
physical difficulties and the armed resistance with which they fired on inoffensive fishermen off the Dogger banks when n iflts
had to contend, but because the opinion, not only of the United way out to China and Jap an ! I am afraid tb it S Z
. j
States, but of Europe, was against them.
happened in this country and fishermen from Gloucester had
Much reference has been made to Turkey and to China. Mr. been attacked, the sentiment of this people would have de
President, we are not in the same class with China or with manded war; but this provocation of the most serious nature
Turkey. Some reference might perhaps be made to the con
w l,h0’" *,■*«>■<««. «n,l th a, too w b S t t e
dition of Turkey in the sixteenth century, and here again I am British navybywas
one which could have blown + w !rJ A
not quite able to agree with the Senator from Massachusetts opposing nation into kingdom come in a very short ti™
as to the historical facts. It is true that Turkey in the six Nevertheless, peace prevailed.
y Uort timeteenth century was probably the strongest power in the world,
Then, there is the disposition on the part of all other
received tribute from Austria, threatened the nations of west to join hands in restraining a belligerent nation from makta®
ern Europe, and was extending her borders in all directions. aggressions. All here join in saying that the buildim- o
Then came the battle of Lepanto in 1571. I am unable to ships is an unfortunate necessity. We all talk for peace
think that the decadence of Turkey was due to that battle. It one will rise here and say he wants war. "Then what
th
is true Spain, Venice, and the Knights of Malta united in a most effective way to bring about peace? It is not bv the buim
navy which defeated the Turks, but if I correctly recall the ing of war ships; it is not the giving out of the impression thnt
facts, the Turkish navy was rebuilt. The three allies became we are in a strenuous contest for tin' world's supremacy but it
jealous one of the other and went their separate way. After is rather by a reliance upon an inliuence among the n n tw »
ns
that battle was fought Venice recognized the possession of which makes for justice and for peace.
Cyprus by Turkey. It does not look very much as if this one
The great cardinal said. “ My art was Justice.” Our great
encounter had overthrown the Turkish power, when after that est triumphs have been those of justice. The progress that
battle an island which had been in the possession of Venice was will make toward peace will be accomplished by proclaiming
3'ielded to Turkey.
to the world the reign of justice, rather than that of force
He that as it may, what was it that caused the decadence of by proclaiming as well that we nre willing to stop short of this
Turkey? Not an unsuccessful naval battle, but the growth of ambitious programme. Let is be done in reliance that other
the western nations of Europe in civilization, the advancement peoples will accept our view, believing that an era of arbitra
caused by the invention of printing, the discovery of America, tion and of peace is better than one of increasing armaments
had all the awakening developments which followed. Among which is becoming more and more year by year a m i s h i t
y
a Crushm£
the principal results were included greater skill and prowess in weight upon the citizens of every land.
*ar. Turkey was standing still in the meantime while England
Mr. GALLINGER. Mr. President, for some unaccountable
and France were going ahead. It was these great events, part reason I have been quoted In the public press as having
ct a great world tendency, attended by great triumphs of in the Senators who are determined uixm having but one ha
tuition and of progress, rather than the loss of a navy to which ship this year. I thought I very distinctly stated in th e'few
he decadence of Turkey was due. An argument for the navy remarks I made on last Friday that I had not reached thnt
has been made by comparing it with the Revenue-Cutter Service point; that I hoped the time would come in the near future
and fire departments. The Revenue-Cutter Service and the fire when we might be able to get along with one additional battle
department are precautions against an ever-present danger. The ship, but that, so far as the present year was concerned I
bavy is a precaution against something remote, more or less should vote for the recommendation made by the Com mitt™
‘
ittee
“haginary, and with the chances overwhelmingly against the on Naval Affairs, which I intend to do.
danger ever existing.
Mr. President, so far as the historical discussion between the
If you trace the diplomatic history of this country it will be Senator from Massachusetts [Mr. Lodge] and the Senator from
r°hnd that reliance has been had upon our justice and our Ohio [Mr. B uktonI, which lias been so entertaining is con
Position among the nations rather than upon a military force. eerued, I propose to leave that matter to those two distin
**e acquired Alaska by purchase. It is true that we did se- guished scholars to fight it out between themselves. There is
(‘ure rich possessions in the Southwest and on the Pacific by a one historical fact, however, thnt I think I may with propriety
^’ar with Mexico, but that crown of all our acquisitions—the allude to, and that is. if this Nation had been better prepared
Louisiana Purchase—came by agreement with France. We for war in 1860 than it was. we would have saved hundreds of
hhve in that respect an unusual record, that our triumphs thousands of human lives and millions uiam millions of nubile
nave been those of peace and not those of war. Yet, in this treasure. I do not think it is a thing that ought to he cited
year 1010 , with all this record behind us, we are told that our against a nation when in time of peace it is fully prepared f o r
navy, already so great, is insufficient; that we must build two any emergency in the matter of war that mav be nreei.nAmu
u;ittle ships and keep on with that programme.
against it; and I hope that the r a ile d States,‘both in iU 1,1
It has been argued here to-day that we have nearly reached and its navy, will always have an adequate force so thnt if
adequacy in our naval establishment. Do not believe it if war should come—and It may c o m e in the twinkling of a n ‘e v e inose who are advocates of a strong navy have their way. Ten no one is wise enough to prophesy to the contrary—this m i n t ™
?r twelve years ago we were building ships of less than 10,000 will be in a condition to defend itself against any power that
tons, and now we are building those of 26,000 tons.
may assail it.
IIow will you ever have an adequate navy at that rate when
I arose more particularly n o w -a n d I shall occupy but a
ihe smaller ships are being abandoned and there is this de moment—to call attention to figures that I want to be accurate
mand for larger ships every year? It requires something more about and which do not differ materially from the figures which
inan that vain confidence, which has been expressed in these I gave on Friday last in relation to the cost of battle ships
discussions for years, that we shall come to the end pretty soon;
Before doing that, however, I will say that I was somewhat
jhat we shall have an adequate navy. There are other factors astonished to have the Senator from Minnesota [Mr C u m
"Csidcg the mere problem of adequacy in this question. There who has probably not looked into this matter very carefullv
, Idls great rivalry among nations, constantly seeking greater sav a moment ago that in maintenance the cost of a battle s h i n
battle ships. Resides that there is the disposition to enlarge was almost $3 ,000,000 a year. The best authorities on that sub
air own navy among certain classes of people, many of whom ject tell us that the cost is about $1,000,000 a year. It was
uo not think at all of the problem of protection, but rather of stated on Friday last that the items for repairs should be added
men- financial interest in the building of these great war ships. to that, but repairs are always included in maintenance C r
J , efe/ e!lce has been inade t0 the aggressions of France at the think it is safe to say that each battle ship that we construct
m of the century before the last. We can not overlook the will during its lifetime cost for maintenance about $ 1,000 000
ogress of more than one hundred and ten years. In that day 8/jr6fir.
* *
Jinateering, which was much akin to piracy, was tolerated.
Mr. President, take a 26.000-ton battle ship—and that is the
n '. it is virtually driven from the sea. In that day there were size of the two ships, the W y o m in g and the A r k a n s a s that wo
of ,f0llrts of arbitration; there was no disposition on the part are now constructing—and leaving out of consideration the
.. any nation to yield; on the contrary, there was everywhere eight-hour law, which does not apply to those ships the c o s t
Egression and the desire to gain the greatest advantage.
is estimated very accurately to be $11,556,222. it is as I said
th ,w W’
any nation unjustly attacks another, it must be in on Friday last, a larger sum than I had thought they would cost
“? . race of an opposition more potent than serried ranks of The amount as given is found in the testimony before the House
wieners or great squadrons of war ships. There are moral, Committee oh Naval Affairs, printed on pages 525 and 526
• onomic, and political forces now at work which had no effi- Sixty-first Congress, second session, and is doubtless accurate’
ciency whatever in 1797 or in 1798. Great nations are now The approximate cost—and that has likewise been figured out
reluctant-to go to war.
very carefully—of 27,000-ton battle ships—and I understand
6732
CONGRESSIONAL RECORD—SENATE.
Mat 23
We surely ought to keep our navy up to a very high point of
battle ships we are providing for this year will
about 27,000 tons-leaving out the difference in efficiency, and for that reason I accept the recommendations of
the President of the United States, of the Secretary of the
e o j that Will accrue if they are constructed under the eight- Navy, of the Committee on Naval Affairs of the Senate, and
cost tna
be ^1^30,408 each.
the action of the House of Representatives, and give my supp0rt
A President, if those battle ships are to be constructed to an appropriation for two battle ships, hoping, as I have here
i f ’the provisions of the eight-hour law, according to a tofore said, that in the near future we may be able to get along
d Lnmluin that is absolutely as accurate as any estimate with one new battle ship each year.
be made—I am not permitted to give my authority
Mr President, I hope a vote will soon be taken on this propo
that can be
thoge battle ships will cost from $12,750,000 to
sition I have no disposition to detain the Senate unnecessarily
SUJoOOO. It is a very large sum, but it is a very much less and will close by asking that a portion of an editorial in a
^
thnn the distinguished Senator from Maine [Mr. H ale] recent number of the New York Press, which meets this ques
S'IU? ,
liYiriav last, when he said that he was satisfied they tion in a very practical way, may be read by the Secretary
Stf m cost from $10,000,000 to $18,000,000 each. I feel sure
from the desk.
^
A.
_
that the figures I have given are as accurate as it is possible
The VICE-PRESIDENT. Without objection, the Secretary
to secure.
will read, as requested.
Mr President, I said a moment ago, in answer to the Senator
The Secretary read as follows:
from Minnesota, that, so far as our economies were concerned,
When the United States maintains an adequate sea power It Is takin»
w f had done pretty well this year in the matter of our army out Insurance against foreign aggressions that might be tempted by ou*
Tod naval appropriations. The naval appropriation bill of last unureparedness. Those Insurance premiums—the cost of building battle
vear carried $136,935,100.05, and we had a deficiency appropn- ships and of preserving the navy at a high efficiency—are paid out 0f
the current income from year to year. No bankruptcy is incurred and
otfon of $2 281,345.97, or a total of $139,216,545.02. This years no bankruptcy is threatened when those expenditures are out of SUcg
maval appropriation bill, as reported to the Senate-and it is income On the contrary, bankruptcy Is provided against when the
thus takes measures, easily paid for from year to year, to safe;
+o sav that in conference it will be somewhat reduced— nation
Jiard the country from attack and stress in war that would pile „
carries $130,737,934.38, or $6,107,164.67 less than last year s crashing debt upon the people, to be extinguished only with generation,
appropriation bill, and $8,478,610.64 less than was spent last “( enormous payments, as in the case of the civil war, running befor'
year, including the deficiency appropriation. So that we have
comparatively
every reason to believe that, so far as our navy appro]pvn*
to vear so Is to prevent hideous loss of life and vast destruction „
nroncrtv that must be suffered through unpreparedness against fire u
for this year are concerned, they will be less by at lea.
not an extravagance by a city, much less a bid for municipal bank
$8 ,000,000, possibly $9 ,000,000, than they were last year wM e luptcy
No more is the support of a navy adequate to protect th»
our military appropriations are less than they were lari yeai
■
„nm of $9 000 000. This means that in these two appro- C°In*gov^rnment, a^ if^ rivate^ u sfn essrth ere are short-sighted econ0.
‘“calculab1* extrav|.
nriation^lls we will save over the expenditures of last year mles o f t h e moment tb it put a premium
future. Our own history, the history of the world
about $18 ,000 ,000 , which, I think, ought to be kept in mmd inn cps thofl t the
there ia nothing which, costs a people more than the mlS*
tL f
v ^
when Senators are criticising these appropriations.
The Senator from Minnesota criticised us because of extrayaaam appropriations for naval construction and called attention
to the fact that there were a great many bills before Congiess
which we were refusing to report and act upon that were much
more meritorious than appropriations for war vessels.
?lrv unpraplradness w h iS ° comes from the blind policy of trying11'
give wpPper pennies to-day that to-morrow must be redeemed in Kold^
eagles.
/ jvfr OWEN. Mr. President, I wish to give my adherence to",
(the proposal of the Senator from Ohio [Mr. Burton] I agree
that it would be better for international peace if we should n0
The Senator alluded to certain pension bills, well, Mr. longer continue to enlarge the great navy, which we already
President, I have been a fairly good friend to the soldiers of have established, the maintenance of which constitutes a very
the country. For a good many years I occupied the position heavy tax on the people of the United States, io the argument
of chairman of the Committee on Pensions of the Senate, and which have been advanced by the Senator from Ohio, by thp
I think no one could ever charge me with having been other Senator from Minnesota [Mr. Clapp], and by the Senator fl0m
than generous in the matter of pension legislation. It ought Maine [Mr. H ale ], I wish to give my approval. I believe they
to be borne in mind that while the necessities of the remnant are substantially right.
Always when the naval bill conies up the press is filled with
of our Union Army are great, our appropriations are certainly
reasonably liberal. Forty-five years after the close of the* alluring arguments about the conservation of peace by making
civil war our pension appropriation bill is larger than it has preparation for war. Slowly I have come to believe, and I q,
been in any one year, with one single exception, since the closet believe, that these arguments in the public press are not in th,
of that war. The amount of money paid in pensions m t h « interest of peace, but are in the interest of those who hav.
United States is larger than is paid by all the other civilized
Under the message of the President of the United States tw>,
of £ m rld combined, and I feel sure that Congress,
vears ago I supported the proposition to greatly enlarge this navlias responded generously toerery call t i a t “ jj* “ ] when the naval bill came up at a previous session. I did so, b<}
behalf of the soldiers who fought for and saved the Govern
llevin" that we were in danger of some foreign complication,
ment from overthrow.
„
. ,
.
have gradually changed my mind about that. I do not belicy*
But Mr President, there are bills before Congress to-day in that we are in any danger whatever. The tremendous financial
the matter of pension legislation that, if they were enacted into power of the United States, its far-reaching commercial con!
law would absolutely put the Government of the United States nections with every nation of the earth, its ties by blood with
in a condition of bankruptcy. It is proper that when those every nation of Europe, make the idea of wai well-nigh
bills are presented to us we should scan them and ask ourselves
the Question whether or not, under existing conditions and cn- P°IShave been led to believe that when we are making the?
cumstances, we ought to increase the pension appropriarion^ enormous expenditures-$130,000,000 on this insurance polio,
to any very great extent at the present time. About $160,000,060
against war—it would be well to appropriate a small amount
will be appropriated for pensions this year, and, in addition directly for the purpose of promoting international peace, and
to that we are passing without comment or without a word of I propose to offer an amendment that one-tenth of 1 per cent
opposition private pension bills by the hundreds and the thou
of the amount in this bill shall be used by the President of the
sands that will bring relief to a great many soldiers who need
States for the direct purpose of promoting international
added relief beyond that which they are receiving at the pres- United
peace It is only a small amount; it is but one dollar out of a
thousand and since this bill is on the basis of insurance, [
The Senator from Minnesota also called attention to the fact hone that everybody who believes in the insurance system win
that the men who are delivering the mail, especially in the rural agree to the expenditure of one dollar out of a thousand in the
districts of the United States, are inadequately paid. I agree
direct promotion of peace.
_
to that I think they are inadequately paid, but their compen
I simply rose, Mr. President, to give my support to the docsation was increased last year, and I have no doubt their com trine that the time has come when we ought to set an example
pensation will be greatly increased in the near futuie.
to the nations of the world, and demonstrate that we do n. ,t
We can not, Mr. President, meet all these demands at once..- have any desire for aggression; that we do not feel inspired by
We must feel our way along and do the best we can from year*' ainbition; that we are already beginning to curtail this vast
to year. I really feel that this Congress has shown a comj naval upbuilding, and that we offer an example of limiting naval
mendable desire to economize, wherever economies could be armament to the other nations of the world.
made, and that the reduced appropriations for the army and the
Actions speak louder than words with nations as well as
navy are full warrant on my part for saying that we have done’ with men I have hut little confidence in the man who invites
nil that could reasonably be expected this year.
1910.
CONGRESSIONAL RECORD—SENATE.
6733
me to peace while he rims for a gun. We hare no sufficient] I am, in my present mood, inclined to say that that t i m e w i n h„
ground to invite the other nations of the world to lim it their I measured by the completion of the canal We n o w q r o ' t h
naval armaments when we go on spending millions and tens of lo u r vast coast lines and with the inferuosiiion nf n
■
m illions,'and have now a naval budget of $130,000,000. AA'e I that breaks it in two, in a position where we in iiJ ! ! , !
ought to put a limitation upon naval expenditures, and we ought larger nnavy
ow h
o m n «of
f the „„----- . .
)J,lu
because
necessity
of division
of 1the
fleet
directly, as the nation best fitted to do so in all the world, to But when the canal is constructed it will be all one navv • w e
promote international peace, not by the possible suggestion that will have little cause to consider the question of the Paciffc’and
we are ready for' war, but we ought to do it by direct action. the Atlantic fleets, because they can pass rapidly from one to
We ought to invite the nations of the world to lim it their naval the other. I am inclined, until the canal is completed to Sote
armaments. I know of no proposal in the Senate for that pur for a reasonable and fair addition to the navy so that when
pose. AVhy do not those who desire the limitation of our own that time comes we will stand in a position where we can die
aaval armament and who are in control of the affairs of the tate, if dictation is wisdom; confer, if conference is wise and
Senate pass a resolution through the Senate of the United as the Senator from Oklahoma has suggested, enter or attemnt
States declaring in favor of the limitation of naval armaments? to enter into some arrangement with the world, and we will be
Those who are in control of the affairs of government, those in a better position to do that if we have our countrv
who are charged with the duty to the people of the United connected shore with shore.
*
States of directing the affairs of government, those who can,
I do not think our navy is inordinately large. I do not
if they will, put upon the statute books the proper steps to think our navy is out of proportion to the functions that it
ward maintaining universal peace, owe it to their country and must fulfill. The navy in time of peace is not without Verv
they owe it to the people of the world to take the first positive, great benefit to the people. As has been suggested, and as must
direct step, as a national legislature, calling for universal i>eace always recur to the mind of one considering it, the building of
and authorizing the officers of this Government to take those our ships is largely a question of labor, and it is a distribution
steps which are essential and necessary to promote the peace of the wealth of the country among those who labor. The re
nf the nations of the world. We are, as I have said, the best- maining per cent represents materials which must, under our
fitted nation on earth to do that, both by great financial and law, be American materials. Our ships are built by our own
commercial power and by geographical position, and because in people, out of our own raw material. A vast market is created
----- --a market or not so
°ur Nation center the ties of blood with every nation on the for that which would otherwise not 1have
earth, and they would listen to us more readily than they would pood a market. The field of labor is benefited to the extent of
fo those who are of an alien tongue, and who have no ties of tundreds of millions of dollars, which goes immediate^- lnnir
blood.
nto the channels of trade, It
T* does not pass into
.
- dLejJ
oatk
the
hands
of
Mr. President, I simply wish to give my support to the amend hose who hoard it or withdraw it from the channels of tradeat the man who works In the navy-yard or who works upon
ment proposed by the Senator from Ohio, limiting the building
of new battle shfps to one D r e a d n o u g h t7 P2- —
shi ps almost immediately I would say almost within a
HEYBTJRN. Mr. President, I think the discussion of ™ l h’ 8611(15 th e “ oney back agaiu iuto the channels of
trade.
h is measure or of kindred measures should be based upon a
I have not considered, and shall not, in voting upon this bill
msiness proposition and not upon war talk. I do not believe
. is wise to discuss in the open session of the Senate of the consider the question of war. I regard it as in keeping with
inted States the probabilities of war with any nation. I do the policy of nations that we should have a navy. I regard it
mt believe it is wise or profitable to compare the naval strength as in keeping with the duty of this country that its navy should
be adequate to it3 defense if it must defend; that it should
Li ° I COn^
fbe probabilities of war with any nation by name
stand as a pledge of the ability and of the disposition of this
11 the discussion of this measure.
country to command the peace of the world. So that I can
, . *s the war talk that accompanies this class of legislation without violating any part of my conscientious belief in rev; ird
. Ul(h constitutes a greater threat, a menace, than anything we to these matters, support this provision for the building o f
ay do by our votes. I do not intend to criticise or be insidious two battle ships.
H
. my suggestions, but in the seven years or more that I have
Mr. DEPEAV. Mr. President, I did not intend to say anv
Cn a member
m em b er of
o f this
th is body
hndv IT have
h n v a always
nlwm ra felt,
tvut when
w lipn the
th o re
rothing upon this proposition, but I must dissent from the re
discussion of this measure was before the Senate, that marks made by my friend the Senator from Idaho [Air I I ey
as a mistake to discuss it in open session at all.
burn ], that there never yet was a war which would have taken
faw 1"’ ^ resi(fenf> tbe people are seldom, I might say never, in place if it could have been submitted to the vote of the neonle
w 0r ° f war. No war of which history furnishes a record There never was a war in history that was brought almnt
uid ever have been brought about had the people on either against the wishes of the lenders, and especially of the
wh * b s*cics voted upon it. War is brought about by men leader, the President of the United States, by popular acclaim
ccuim
lean (0rm themselves or are accepted as leaders of the people, and demand, like the war with Spain.
tin vS cllosen n°t for the purpose of determining that quesI knew very well the position of President ArcKinlev on thm
n> but leaders chosen for the purpose of taking upon them- subject. I knew how utterly opposed he was to that war t
jj Ves the general management of affairs. But, I repeat, there knew the efforts which he made to prevent any declaration of
t ' e? was a war which would have been declared had the war, and how he was finally forced to yield'because o? the
vo^ed on it; and I will not limit it to either side—either pressure of popular opinion.
* LU<'
the strong side or to the weak side,
I know still more that there was a time when it would have
beo rS llave been necessary. The civilization of the world has been possible to have settled every question involved between
don • br?ught about by great conflicts that established the Spain and the United States ui>on terms just as favorable ns
in ,i"lation’ 1 may say, in every instance of the better element were received at the conclusion of that war, with all its ex
the world’s affairs, and good has come from war.
penditure of treasure and of life. In fact, there was a period
r e c e n tly suggestions have been made in the way of com- when Spain, a very proud nation, would not submit terms unless
1Son with the expenses of pensions. They are not in the she felt sure they would be accepted, but when she was willing
*e. class with any other expenditure of the Government. to accept any terms if she could be informed beforehand that
eg'slate here so as to affect the prosperity of the great a proposition submitted would be accepted by the United SfnfW
Mr. HEYBTJRN. AV111 the Senator from New York permit
law Ut? S W01‘ld and the commercial world. AVe enact tariff
1
1
n‘„, ? 'bat men engaged in active business may prosper as me to ask him a question?
anii t °^bers. But the pensioner is not within that class;
The VICE-PRESIDENT. Does the Senator from New Ynrt
/ 1 sPeak now as a rule.
yield to the Senator from Idaho?
"
A ir. DEPEAV. Certainly.
hot V°ry large> overwhelming percentage of the pensioners are
or r.°nsa£ed In any of the business enterprises of the country
Mr. IIEYBURN. In the Senator’s judgment, how would
have t 6 ° f en£aging in them. So the .only participation they President McKinley have voted personally in the An«troii0J
Australian
tjj 0
the prosperity of the country comes to them through ballot box on the question of war?
is n l)ensl°ns they receive. The money that pays the pensions
Mr. DEPEAV. President McKinley personally would have
Priso nie5 e toll out of the profits of the great business enter voted against war.
i c ' °S 01 tbe C0 l,ntry. So the criticism of the pension roll of
Mr. HEYRURN. A pretty good criterion.
bendifUntry ls n°t appropriate or in point in considering exAir. DEPEAV. He would have voted against the war, but I
of
,res f° r the permanent establishment and maintenance believe that if it had been submitted to a popular vote it would
‘ uia Government.
have been 99 out of 100 in favor of war.
fc’oubi 1’ITSifJent, I have been considering as to the time when I
Mr. HEYBURN. AVill the Senator permit me to ask him an
think we might safely curtail our naval establishment. other question?
6734
CONGRESSIONAL RECORD—SENATE.
The VICE-PRESIDENT. Does the Senator from New York
further yield to the Senator from Idaho?
Mr DEPEW. Certainly.
Mr HFYBURN I hope the Senator from New York does not
confuse the popular, vote with the newspaper vote.
Mr DEPEW No. I know what a newspaper vote is, but
generally it reflects the popular will. In advocating war with
Spain it expressed accurately the passionate desire of the people.
Mr HALE. Mr. President----The VICE-PRESIDENT. Does the Senator from New York
yield to the Senator from Maine?
Mr DEPEW. Yes.
Mr. HALE. Does not the Senator from New York believe,
as I believe, that if the country had not been hurried and swept
into war with Spain in that excitable spring, and if the ques
tion had gone over, President McKinley, before the opening of
the next session of Congress, would have negotiated Spain oft'
the American continent?
Mr. DEPEW. I have already said that I knew, of my own
knowledge, that Spain, if not humiliated by presenting terms
which would be rejected, and if she could have found out be
forehand that the United States would accept her abandonment
of Cuba and of Porto Rico, would have quit.
Mr. HALE. And war would have been saved.
Mr. DEI’EW. War would have been saved. And President
McKinley knew that, too, but the pressure behind him was so
great that he could not hold the country.
Mr. HALE. The Senator from Connecticut says to me that
if that had happened, war would have been saved, Spain would
have left the American continent by peaceful processes, and,
as the Senator says, we would not have been negotiated into
taking possession, with all their burdens, of the Philippine
Mr. DEPEW. Undoubtedly; but the President of the United
States did not happen to have a strong enough personality
Mr. HALE. N o; that is right.
Mr. DEPEW. To resist the popular demand.
There is another instance upon the question how easily na
tions get into war, and what little things turn them aside.
When President Cleveland sent that message to Great Britain
about the Venezuelan affair we were probably as unprepared
for a war with Great Britain as at any time in our history.
An intimate friend of mine was an intimate friend of Lord
Salisbury, at that time the British premier, and Salisbury said
to him :
I believe that the American Government means to have a war with
this country some time or other, and means to try out in war the bit
terness which has come down from the Revolutionary period and which
was accentuated because of certain things which occurred during the
civil war. And if it is to come, now is the best time for it, when we
arc the strongest naval power in the world and when America has no
navv worth mentioning and when her ports are utterly undefended, it
would he the greatest calamity that ever happened in the world, result
ing in frightful losses to the two countries, but it will end forever this
dispute.
The views of Lord Salisbury, the prime minister of England,
on that occasion, were overruled in the first place by Queen
Victoria, always our friend; in the second place by the late
King, who was always our friend; and in the next place by
statesmen like Rosebery, though in the other party, and by
statesmen in his own party who understood the situation. So
it never came to a point where it was a matter of debate. But
if Lord Salisbury had had the power in the British Government
that some prime ministers have had that question would have
. been tried out at that time, when we were wholly unprepared.
During the Spanish war gentlemen from the interior of the
country knew very little what was the feeling along the coast.
In Boston, in every coast city, in New York even, people were
frightened to death when that fleet started from the other side,
and it was felt that we could not sufficiently patrol the sea for
the purpose of protecting ourselves.
From a State of the Middle West came a governor to New
York, and he made a speech. I sat on the same platform with
him. He said:
Of all the absurd things that I have met with in my life is this fear
a mom: vou neople here in New York of the armed fleet which Is coming
from Spak. If a fleet of ironclads should enter New York Harbor, do
you know what would happen? Three million western men would
come here with their muskets and drive it into the ocean or sink it.
That was the western view at that time.
Mr. HEYBURN. I should like to inquire how far west was
that? [Laughter.]
Mr. DEPEW. It was not from Idaho. [Laughter.]
Mr. GALLINGEIl. Mr. President----The VICE-PRESIDENT. Does the Senator from New York
yield to the Senator from New Hampshire?
Mr. DEPEW. Certainly.
Mr GALLINGER. I do not know what happened in tho
of the rich men of New York City when that scare was „„ , *
I very well remember that in the coast cities of New Kniri.
valuables were sent inland at a hurried rate for fear h 4
Spanish fleet would bombard the coast cities.
Mr DEPEW. I know, sir; they could not keep a hoi
keeiier in the cottages at Newport. [Laughter.]
There was another occasion when we were on the kh
of war and that was when Germany had a dispute with li,.!?*
It was felt at that time that an aggressive movement on
part of tiid Emperor toward Haiti might be the opening
,
to disregard the Monroe doctrine. The Emperor, younger ti
than he is now, understood that perfectly. Our State Depart,,
endeavored to check action iu order that the dispute migi,t , *
sent to arbitration, and that was met by peremptory orders ,
the German cruisers which happened to be iu the CaribhJ 0
Sea to go at once to the harbor of Port au Prince and q,
a full indemnity or blow up the town. They went there ,,
the indemnity was paid within twenty-four hours, which l . 1
the only time limit allowed. If we had had a navy, there W(), ,*
have been negotiations.
Now I remember two years ago there was up the question <
four battle ships or two, and if I remember rightly there was
general understanding then as to the scheme of two battle shi, H
Two battle ships will not put us into the mad race
going on on the other side to keep our end and build as fast '•
auv other nation. We know that Great Britain is obliged to "
that; and I understand she is building eight ships this y(.ar '
putting them under contract, against our iwo. Germany '!r
obliged to keep up. France is obliged to keep'up.
There has been quoted here a remark made by ex-Presiq,...
Roosevelt in one of his speeches on the other side. Those r*
marks are on the line of peace, but they are not a bit differJ,"
in their general opinion and sentiment and trend from ,.
messages which he sent to Congress. All he says in the i)r“*
ence of these great powers is “ not that America will xt,„
building, as an example to you.” but “ that all the great nuir 1
time nations of the world should get together and arrive at
conclusion that will end this mad race, which will hankrimt
them if they keep it up, and if they agree they can disarm J i
ficiently to stop these extravagances and these dangers anq ut
the same time promote the peace of the world.”
But I have read no declaration of the ex-President—and 1
have read everything he has said—or any intimation from iqlr
that the United States should begin, as has been suggested bv
the Senator from Ohio this afternoon, as an example, to
the construction of battle ships and other ships and refpq!
from keeping our navy up to the full position which is n«
sary to guard our coasts in the case of sudden war or to ;,rK
vent a war if any nation sees fit to biing it about for any
purposes of its own or im plied by the ambition of its ru],.^
or the animosity of its people.
Now, then, it has been my custom since I have been a men,
her of the Senate to follow pretty closely the recommendat i0||.
of the President of my own party, believing that they have been
made after considerations and information which are iinix^
sible to the individual Senator, and it has been my habit as ,
rule to follow the recommendations, if they were reasonably
unanimous, of the regular committee which has had the matte*
under consideration and has had advantages for information
which were impossible to any individual Senator.
So in this matter, which is highly technical, which requires ■,
survey of the whole field around the globe and a knowledge of
what are the necessities of our own coasts to-day and to-mo r(,w
and next year and the year beyond and of our losses*!,,,,,
across the sea, when the President of the I nited States makes
a recommendation, and when he is backed up in it by j,js
Cabinet, and especially by the Secretary of the department
which has the matter in charge, and then when the great coin
mittees of the two Houses having independently taken testi
mony have come to the same conclusion, I feel that I am in.
competent to form a separate opinion, and therefore 1 shall
vote as those gentlemen have recommended.
Mr. BAILEY. Mr. President, I simply wish to observe that
if this naval programme is to bankrupt the nations of the
World, if we will simply conserve our resources by not following their bad example, we will have no difficulty with them in
the war which the Senator from New York [Mr. Da*r.w|
seems to anticipate, because a nation with its resources well
cared for has no trouble with a bankrupt nation.
The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Ohio [Mr. B ubtojn],
which 1
o'lq
1910.
CONGRESSIONAL RECORD—SENATE.
___________________________ _
Mr. BURTON. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. CLAY (when his name was called). I have a pair
with the junior Senator from New York [Mr. Root]. If he
were present, he would vote “ n a y ” and I should vote “ yea.”
I transfer the pair to the Senator from Alabama [Mr. B ankh e a d ] and will vote.
I vote “ yea.”
Mr. PAGE (when Mr. D illingham ’s name was called). My
colleague is necessarily absent. He is paired with the senior
Senator from South Carolina [Mr. T illman ].
Mr. FLINT (when his name was called). I am paired with
the senior Senator from Texas [Mr. Culuerson]. I transfer
the pair to the senior Senator from Connecticut [Mr. B llkeley] and will vote. I vote “ nay.”
Mr. FOSTER (when his name was called). I have a general
Pair with the senior Senator from North Dakota [Mr. McCum bkb], who is absent on account of illness. If I were at liberty
to vote, I should vote “ nay.”
Mr. GUGGENHEIM (when his name was called). I have a
general pair with the senior Senator from Kentucky [Mr.
P aynter], who is unavoidably detained. I transfer the pair to
the senior Senator from Pennsylvania [Mr. P enrose] and will
Yote. I vote “ nay.”
Mr. OLIVER (when Mr. P enrose’s name was called). My
colleague [Mr. P enrose] is unable to attend the session of the
Senate to-day. As stated by the Senator from Colorado ! Mi'.
Guggenheim], he stands paired on this vote with the Senator
from Kentucky [Mr. P aynter].
Mr. PURCELL (when his name was called). I am paired
With the junior Senator from New Jersey [Mr. B r ig g s ]. I
transfer my pair to the Senator from South Carolina [Mr.
iS mith ] and vote “ yea.”
Mr. RAYNER (when his name was called). I am paired
With the junior Senator from Delaware [Mr. R ic h a rd so n ].
If he were present, I should vote “ yea.”
Mr. SCOTT (when his name was called). I have a general
Pair with the senior Senator from Florida [Mr. T aliaferro ].
I understand that he would vote “ yea ” if present. I should
Vote “ nay.” Under the circumstances I withhold my vote.
Mr. WARREN (when his name was called). I have a gen®val pair with the senior Senator from Mississippi [Mr.
Money]. That Senator is not present. I do not know bow he
would vote. Were he present and I at liberty to vote, I should
vote “ yea.”
The roll call was concluded.
Mr. OWEN. I am paired with the senior Senator from
mode Island [Mr. Aldrich]. If he were present I should
vote “ yea.”
The result was announced—yeas 26, nays 39, as follow s:
t>
Bacon
Bristow
Burton
Chamberlain
Bailey
a , pp
§£S5»
Bradley
Brundegee
Burkett
Burnham
Burrows
Carter
Uark, Wyo.
grown
Aldrich
Bankhead
Borah
Briaga
®ulkeley
Culberson
Daniel
.
Crawford
Cummins
Dixon
Dolllver
Fletcher
Frazier
Gore
YEAS— 26.
Hale
Hughes
Johnston
La Follette
Newlands
Overman
Page
NAYS— 39.
Gallinger
Clarke, Ark.
Gamble
Crane
Guggenheim
Cullom
Heyburn
Curtis
Jones
Depew
Kean
Dick
Lodge
du Pont
McEnery
Elkins
Nixon
Flint
Oliver
Frye
NOT VOTING— 27.
Nelson
Davis
Owen
Dillingham
Paynter
Foster
Penrose
Lorimer
Rayner
McCumber
Richardson
Martin
Root
Money
Percy
Purcell
Shively
Simmons
Stone
Perkins
Piles
Smith, Mich,
Smoot
Stephenson
Sutherland
Taylor
Warner
Wetmore
Scott
Smith, Md.
Smith, S. C.
Taliaferro
Tillman
Warren
So Mr. B urton’s amendment was rejected.
Mr. OWEN. I offer the amendment which I send to the desk.
Die Secretary. On page 63, after line 17, insert:
That a sum equal to one-tenth of 1 per cent of the nmonnt annually
appropriated for the naval service bv this act is hereby appropriated as
Hnu 5ln? ,n« annual appropriation to he used by the President of the
States in promoting international peace and In promoting an
i-ernational agreement to lim it the construction of naval armaments.
Mr. OWEN. I call for the yeas and nays-----PERKINS. Mr. President, I feel constrained to make a
T ml of order on the amendment.
6735
M.e p ,im - T v ^ SI.S E N ,- w .M t ,s lhe f o *"1 «f order?
Mi. ILR K INS. lh a t there is no estimate for it; that it proU0o n SofT uleGT v L °n ° °
appropriation
and is in violaordiu,e XI('i:1 ’U1'; sIi,K X T - Tlie Chair sustains the point of
Mr SMITH of Maryland. On page 44, line 19, before the
word dollars,” I move to strike out the words “ one thousand
six hundred” and to insert “ two thousand live hundred S d
twenty,” so as to read;
LU ana
One dentist, $2,520.
Mr- President, I should like to state that when the «n
this office was fixed In 1879, over thirty years ago S
1 ■/
shipmen at (lie Naval Academy numbered 369. To-da’v the
Rhipmen at the Naval Academy number over S00 At the u,™
this allowance was made for four months of the veur t h l
services of a dentist were not required.
J
This increase has been recommended by the superintendent
of the Naval Academy and It has been recommended bv t 2
Surgeon-General.
In comparison with what is being allowed at the Military
Academy, I wish to state that whereas the Military Academv
has only a few over 400 cadets to be looked after by a dentist
the Naval Academy has over 800 midshipmen. The Militnrv
Academy has one chief who gets $2,520 a year and an assistant
who gets $1,800 a year, making between $4,000 and Snoon
whereas this man, who does twice the work, gets a little nv
one-third the amount.
’
c over
Mr. GALLINGEII. The Senator w ill not forget too t h a t in
the Military Academy they have allowances which ’a ^ n S
allowed to this officer.
u are not
Mr. SMITH of Maryland. As the Senator from New Hamnshire states, they have an extra allowance at the \n n /.! P~
Academy which this man does not have. I think it but fair tn
the Government, fair to this man, and fair to the midshin,, ™
at the Naval Academy that the allowance should be in c rL ^ d
as I have proposed. I hoi»e the Senate will adopt the amend
inent.
Mr. HALE. There is no objection to it.
The PRESIDING OFFICER (Mr. D h p e w iq the chair) The
question is on agreeing to the amendment proposed bv the
Senator from Maryland.
J
The amendment was agreed to.
Mr. JOHNSTON. On page 62, line 2, after the word “ dol
lars,” at the end of the line, I move to in sert:
I Increase of the navy; torpedo boats: On account of torn,.,i„ „„„ ,
whose vitals are located below the normal load-water line C!,°,,™SSe s’
Pit ion of compliance with the authorization in the act enHtiJIW * conI
Snaking appropriation, for the naval service for the
v«r
’J u n e 30, 1910, ami for othar purposes,” « f-tr,,000: P r o v e d
Secretary of the Navy may, in his discretion, n w m n n , i , ? a tbe
mount hereby appropriated for small vessels of t h i s * ° . f tile
peed exceeding 19 knots, at a cost not to exewd *30 onH® oavin? «
That nothing herein contained shall be construed as
0 1 l,le d ’
the Secretary of the Navy to purchase said v e s s e l s . mUndato y uP°n
I wish to say that (ho Secretary of the Navy annrovos th
amendment He is now trying and investigating one of t , , ,
sels of this class. The amendment m e r e l y ^ K u t t o Z "
in case he approves of it to pay the money
authoiity
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from Alabama
The amendment was agreed to.
Mr- H A U 3. Now, if there are no further amendments-----Mr. GALLINGEII. I here is one.
The PRESIDING OFFICER. There were two amendments on
pages 59 and 00 passed over.
1
Mr. HALE. Those have been disposed of.
The PRESIDING OFFICER. The question is on agreeing to
those amendments.
" b T0
Mr. PERKINS. They have been disposed of. They were die
posed of in the vote taken on the two battle ships. All the cm,,*
mittee amendments have now been disposed of.
u '
tl Mri *jEWLANUS‘ 1 offer thG anieudl»eut which I send to
The PRESIDING OFFICER, The amendment will be stated
The S ecretary . It is proposed at the proper place to insert •’
That the President is authorized to scale or reduce nnv of the
penditures authorized under the appropriations provided bv this
the act providing for military expenditures, or both, to an an,mm,
amounts whicli will enable the Government to keep its evramrii
within its revenue for the ilscal year ending June 30, 1911.
lruros
Mr. PERKINS. Mr. President, I make a point of order
against the amendment.
6736
CONGRESSIONAL RECORD—SENATE.
Mr. NEWLANDS. Mr. President, with reference to this
{inipnriniont T hfive to sny that it is
The PRESIDING OFFICER. * The Senator from California
rises to a point of order.
,
, ,
.
Mr. PERKINS. Tf the Senator wishes to speak to the amend
ment I will withhold the point of order.
.
,
The PRESIDING OFFICER. What is the Senator’s point of
order ^
M r. P E R K I N S . That it is new legislation.
Mr HALE. General legislation.
Mr’ NEWLANDS. I do not see how this can be called new
legislation.
Mr. BEVERIDGE. General legislation.
Mr. NEWLANDS. Mr. President, we are appropriating by
the bill $130,000,000 for naval expenditures. My amendment
provides that in case it shall appear that the revenue for the
next fiscal year shall not equal the total amount of the appro
priations the President shall be authorized to scale the appro
priations provided in the bill to an amount or amounts which
will enable the Government to keep within its revenue. This,
therefore, is an amendment which qualifies the appropriations
made in the bill and scales them down in the contingency that
the revenue of the Government for the coming fiscal year shall
not be sufficient to meet all the appropriations made by Con
gress. I can not understand how it can be regarded ns lacking
in relation to the bill if we provide that in a certain contingency
the appropriations shall be diminished a certain percentage.
Mr. President, what is the necessity for this amendment? The
present administration, for the first time I believe in the his
tory of the Government, or at all events within the history of mod
ern administrations, has sought to prepare a budget to calculate
exactly the revenue which the Government will receive and to
square its expenditures with that revenue. It was a most
praiseworthy move upon the part of the administration. For
the first time in many years the attention of the Cabinet was
brought specifically to the question of squaring our expenditures
with our revenue, and we all know the care and the attention
and the deliberation which the Cabinet and the President gave
to this question.
I understand that Congress has exceeded the recommenda
tions of the President and it is claimed that the total appropria
tions of this session will be in excess of our revenue. Congress
sought to supplement the action of the President by providing
in the Senate a Committee on Public Expenditures composed in
the main of the chairmen of the various committees of the
Senate.
Mr. CLAPP. Will the Senator pardon an interruption?
Mr. NEWLANDS. Certainly.
Mr. CLAPP. I can not see the force of the Senators amend
ment. Nearly all the appropriations are merely authorized, so
that the authorization would include the positive authority to
dispense with them. More than that, the natural influences of
the Chief Executive in connection with the association with this
department would result, if he saw fit, in reducing the expendi
tures to almost any extent. If the law required an estimate from
time to time, and if it appeared then that the appropriations
would exceed the expenditures and the law placed the limita
tion, there would be some force in it, but as I read the amend
ment the President is simply authorized to cut down the appro
priations as he sees fit. He has the authority to have these
two battle ships built. He is not directed to build them; he is
only authorized to build them.
Mr. JOHNSTON. I should like to ask the Senator from
Minnesota if he ever heard of a dollar being left of an appro
priation in the naval appropriation bill.
Mr. CLAPP. Yes; and we had up in committee at this ses
sion—
Mr. JOHNSTON. I should like to know when the whole ap
propriation to build battle ships was not used.
Mr CLAPP. At this very session we had the question of
allowing the department to take the unexpended appropriation
for certain purposes, and the argument was made, I think with
a good deal of force, that if that was permissible within certain
lines it would encourage a continuation of a surplus unexpended
under appropriations. Rut there is nothing in the amendment
of the Senator from Nevada which enforces any reduction. It is
simply repeating just the authority the President has to-day. It
seems to me that the amendment is without force.
Mr. NEWLANDS. Mr. President, I understand the position
of the Senator from Minnesota to be that this entire appropria
tion bill, then, is merely permissive, not mandatory.
Mr. CLAPP. Oh, I would not say that. It anticipates of
course that the Navy Department shall be kept running; but
May 23
I do say that besides the permissive features of the apPro.
tion, the power inherent in the relation of the Executive to n
Cabinet officer, together with the power of the two, leavi, ,
within the power of the administration to make almost 7, 1
reasonable and material reduction in expenditures, if th«. p'"'v
dent sees fit. They could cut off this officer or that offi,Vr'*Ki'
morrow if they wanted to do so. I refer to the clerical
”,
do not mean the enlisted force.
Mr HALE. Mr. President, the Senator in charge of the t
rai«ed a direct point of order against the amendment. I
’*
that nothing but that is before the Senate. I hope the ct,»,
will rule on it.
The PRESIDING OFFICER. The Chair decides that tl
point of order is well taken.
Mr. CARTER. I offer an amendment to be inserted
line 2, page 27.
The PRESIDING OFFICER. The amendment will be stun ,
The Secretary. On page 27, after line 2, insert:
Washington, D. C„ from th e said com pany’s fre ig h t yard,
known as the New Jersey avenue fre ig h t y ard , by m eans „f
“
track as a t p resen t located, on C anal s tre e t an d Iv stree t SK .**«
thence to th e navy-yard, or as th e said tra ck may be hereafter l,',' *n<l
n who e or in p a rt, and to continue th e operatio n thereof f 8 "1.
ears u nder reg u latio n s to be estab lish ed by th e C om m issi,,,,; >*<i
the D istric t of Colum bia, an y th in g contained in any p rio r ac t or J ?
of Congress to the co n trary n o tw ith stan d in g .
The PRESIDING OFFICER. The question is on agm .,
to the amendment proposed by the Senator from Montana, *
The amendment was agreed to.
Mr. LA FOLLETTE. Mr. President, on page 62, line o-|
move to strike out all in that paragraph after the word ~
livery.”
The PRESIDING OFFICER. The amendment will be stated
The Secretary. On page 62, line 21, after the word “
’
ery ” strike out tbe words:
P r o v i d e d a l s o , T h a t co n tracts fo r fu rn ish in g said dom estic armor u
a reasonable tim e, a t a reasonable price, und of th e required qUah n
can be made w ith responsible p arties.
*
Mr HALE. I think that is right, Mr. President.
Mr! LA FOLLETTE. I find on investigation that that nr
viso crept into tlie appropriation bill of a year ago. Prior t
that time it had not been in tbe bill at all. It should go out *
Mr. PERKINS. There is no objection to the amendment.
amendment
rrhe amendment was agreed to.
Mr. PERKINS. I desire to correct two or three typogr,,,.
ical errors. On page 10, I move to change the total in lii,,.’ ‘ J;
and 17 by striking out “ 940.440” and inserting “ 1,096,2so ••
-1____
J . __t-A
Mr. PERKINS. On page 24, line 12, I move to strike out th»
word “ officers ” and to insert “ offices.”
The amendment was agreed to.
The bill was reported to the Senate as amended ami tU
amendments were concurred in.
/M r . OWENS. I offer an amendment to be added at the
of the bill.
__J |
Tbe PRESIDING OFFICER. Tbe amendment will be stated
Tbe S ecretary. Insert at tbe end of tbe b ill:
That the Secretary of the Interior shall establish a crude-oil stor»„»
tank farm on the Gulf of Mexico at tide water, and lay jn a sumjiv f*
crude oil. as rapidly as market conditions justify, of 25,000,000 barLi
of fuel oil for the use of the navy, and tbe money necessary to Can2
out the provisions of this act is hereby appropriated out of the mone«in the United States Treasury not otherwise appropriated.
Mr. HALE. I make tbe point of order that there is no estj.
mate for that.
The PRESIDING OFFICER. The point of order is Sllg.
tamed.
Mr. LA FOLLETTE. Mr. President, it is not my purpoMo
to detain tbe Senate. Without offering any formal amendment
I wish to submit some figures with respect to two sister battle
ships, the C onnecticut, constructed in the government navy,
yard at New York, and the L ouisiana, constructed upon eontract in a private yard by the Newport News Shipbuilding
Company. I do this because of the contention of the Senator
from New Hampshire [Mr. G a l l in g e r ] of the excessive cost
of ships built in government yards by reason of the enforcement of the eight-hour provision.
Mr. PERKINS. I will state to the Senator from Wisconsin
that an amendment was adopted on Friday during his absence,
providing for the building of one of the battle ships in one of
the navy-yards.
Mr. HU FOLLETTE. Permit me to say to the Senator from
rioiifnrnin licit T was ureseut when the amendment to whim.
1910.
Mr.
Mr.
rl he
of the
CONGRESSIONAL RECORD—SENATE.
SMOOT. I ask that the bill may go over.
KEAN. The bill has already been read and amended.
VICE-PRESIDENT. The bill will go over on the request
Senator from Utah.
DAVID W. STOCKSTILL.
The bill (S. 1013) for the relief of David W. Stockstill was
considered as in Committee of the Whole. It proposes to pay
to David W. Stockstill the sum of $700.
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
The VICE-PRESIDENT. The Committee on Claims report
an amendment to strike out the preamble. The question is on
agreeing to the amendment.
The amendment was agreed to.
COURT OF COMMERCE, ETC.
Mr. IvEAN. I call for the regular order.
The VICE-PRESIDENT. The regular order is the considera
tion of the unfinished business, the half hour to be devoted to
the calendar having expired.
The Senate, as in Committee of the Whole, resumed the con
sideration of the bill (S. 6737) to create a court of commerce
and to amend the act entitled “An act to regulate commerce,”
approved February 4, 1887, as heretofore amended, and for
other purposes.
Mr. JONES. I desire to present a substitute for the amend
ment offered by the junior Senator from Kansas [Mr. B risow], which I intend to propose at the proper time. I ask that
it may be read and printed and lie on the table,
t K?le VICE-PRESIDENT. It will be printed and lie on the
table, to be offered at the proper time.
Mr. JONES. I ask that it be read. It is very short.
1 lie VICE-PRESIDENT. The proposed amendment will be
ile S ecretary. At the end of line 6 , on page 19, insert the
following proviso:
t j p i i T h a t if an y such h earin g can n ot he concluded w ith in the
dkrrnti
su spen s i° n th e In te rsta te Commerce C om m ission m ay, in its
ceo<eVion-’ exten d th e tim e o f susp en sion for a fu rth er period not e x
ceeding six m onths.
6847
large amount of money on this sudden propaganda- it can
hardly be doubted that somebody, in gross error is advtaSi
the “ homeopaths,” the “ osteopaths,” the “ eclectics” ^thatthei?
right to practice medicine is about to be invaded by the Federal
Government.
3
eutiiai
The agency through which this propaganda is being carried
on against a department of public health is carrying the finof medical freedom.”
3 a iac Ud°
And an active and authorized representative of this
tion in the Washington Post is quoted as
morning, May 20, 1910) :
^in tta y
I believe the creation of a federal department of hennv,
the abridgment of long cherished rights of tho won?!
d mPflT
mean the taking away of the enjoyment of one of the
TiJnwIo "•'°!I!d
for which man has had to contend— the right to select
of his choice in the hour of sickness. If such a bill i»v^<?m£r?CtItli°ner
dreds of practitioners would be thrown out of practU" ' 'e
n,n'
succeeded in curing persons who have been given up by p"f5“
would particularly affect Christian Science healers ami
their line, both these .-lasses of practitioners undoubtedly h a w L « n
world of good, and they should not bv unfair legislation h^Tf.,n°ne *
It should make no difference whether we believe in Christ In
osteopathy, or any other practice, the people should have 'the n r l v f f i
of choosing their own practitioners. They should not hp n K u S
from so doing by legislation.
0r De Proh>bited
This Is an astonishing and utterly Impossible interpretation
of the bill which I introduced in the Senate of the United States
projtosing a department, of public health.
The bill itself merely briugs the various bureaus affecting the
public health in one hotly, under one head, without cliamrin?
the character of the activities or authorities of such existing
bureaus, to w it:
s
th ^ ar^ ^ a^ enaTy^al^cting*t!2*^edfaid*0aur(fic^^^™®aI | eicePttn8
departm ent’
que!itlons relaUve tlwret". ^ail*
combfned^in one
The greatest of these bureaus dealing with the public lieulth
is the Bureau of Public Health and Marine-Hoanital Bervine
but various public hospitals, the Bureau of Chemtstrv and o f
pure foods and drugs, and bureau of meat inspection inchm;™
some 16 laboratories of the Federal Government, are to lie
transferred to one department by this proposed bill.
a
Nobody has heretofore protested against the existence of
these bureaus or their functions.
1
Nobody has declared them unconstitutional.
Nobody has charged that they in any wise have interfered
with the homeopaths, osteopaths, eclectics, Christian S c i e n t i a l
or any other school of lien ling.
1
Nobody has contended that they would do so, or has desired
that they should be abolished for fear that they would i n t e r f e r e
with the local practitioners in the gentle art of healing
No man who has any knowledge of constitutional law w o u ld
believe it possible that the I-ederal Government could i l ! !
the police powers of the State, or in any way interfere w ih M l
liberties of the citizen or of the local practitioner.
practitioner
" h the
DEPARTMENT OF PUBLIC HEALTH.
Mr. OWEN. Mr. President, while awaiting the return of
b Senator from Wisconsin [Mr. L a F ollette ] I wish to make
of cw'comments on the bill (S. 6049) establishing a department
1 public health, and for other purposes,
h / *r President, I have been amazed, and I suppose that every
uneopaths, osteopaths, eclectics, cliiropractics, and practitionn s an<* believers in Christian Science and suggestive therador + an(* from ot,ier good citizens, protesting against a
partment of public health apparently upon the unfounded
The Supreme Court has repeatedly passed upon this n„Mn
«°tion that the bill introduced by me (S. 6049) proposed or
id held that the States, under their police nmvora
°?»
w iti,e+iP°RS'^^e. some interference by the Federal Government and
rf
<aG Pra.c ^ ce
medicine and constituted a possible invasion control such matters. All lawyers are familiar with these orin
ri 'Ge medical freedom of the citizen to employ whom he Hj.ies. The leading cases 1 insert in the R ecord lor the con
o f w h e n sick. None of the protests point out the language venience of those who may not be familiar with the m atter”
the bill by which this could possibly happen, and for the obU nited S ta tes r. De W itt (9 W all., 4 1 ) ; S la u g h terh o u se rSR(.« n r tv ,,
JJ-»
ious reason that no such language exists in the bill. None of 3 0 ) ; U nited S ta tes r. Hoese (9 2 t . S„ 2 1 4 1 - U nited’ C<JroTS ( a
shank (9 2 U. 8 .. 54 2 ) ; Munn v. Illin o is ( 9 4 b . S
tese protests suggest any amendment to correct either an error case (19 U. 8 ., 3 ) .
*
11,J> * c l v il R igh ts
^ omission or commission in the bill. They simply protest
All citizens know that the States exclusively control the issn
gainst an in<:erference with the medical freedom of the citizen,
n.i which the bill contemplates no interference, with which the ance of licenses to practice medicine.
Nobody ever heard of the Federal Government considering
bueral statutes can not interfere within any State,
B
so l]R(lerstand that during the last week a large number of such a matter or pretending to have any interest in it
Every member of the Senate and of the House of Represent-!
-caiiod “ taxpayers and voters’ ” associations have been orfor
many members in several States of the Union lives knows that the Federal Government has nothing i n T
with the local practitioner nor the hostilities which mav e v ilt
Die purpose of opposing a department of public health,
i, . am informed that the sudden and surprising interest of the between different schools of medicine, if any such do exist
I wish, however, to put in the R uoobd niv a ssu ran ce L n
taxpayers and voters” of the United States who are or
ganized in this artificial manner and the active interest alleged ) members of the medical profession, of whatever school nf m*,0
ing,
a few facts which I trust may abate any a p p S e n s io n ^ n
, ' Manifested of the “ homeopaths” and of the “ osteopaths” '
• aa of the “ eclectics” and of the great variety of those who tills score.
i ;iJ ° special views with regard to the various methods of healF ir st Senate bill 6049, proposing n department of nnhii,
ft ^ick has t^ b u place within seven days, and like a health, was drawn by me without the knowledge of anv schnTd
ash of lightning telegrams are coming in from Maine to Cali- j Of medicine or of any medical association. I was crrentl
anus. The chairman of the Committee on Public Health and ; pleased to find that many members of the various medical
‘ “ ■anal Quarantine of the Senate received a very large number schools and associations, including homeopaths and eclectics
them. Such sudden universality of disapproval of a depart- approved the bill.
s’
ent 0f pUp]jC 1^ ] ^ on such an unsound theory is astounding;
I have been pleased to observe the wholesale cordial support
s more, it is extremely suspicions; it is obviously artificial; of osteopaths and men of all schools of healing for a department
s Perfectly apparent that somebody is spending a very of public health. The bill contains uo provision either directly
CONGRESSIONAL RECORD—SENATE.
May 25
6848
,
,.fU, interfering with any school of healing, whether
in
n
h o m e o p X eclectics; Christian Scientists, or ma
E n V e ie c t afl medicine. It could not accomplish such to
those who ej xt 11
the Federal Government has no
purpose f
fiau tue
» e &
the gtates alone issuing
r e e v e s to control the practice of medicine and religious and
personal freedom being a constitutional right in which everybo(*y fhi^nnthor of this bill I wish to say that I believe the
Ao ? m a n knows about the laws of health the less drugs
“ or®,fpj t pave employed homeopaths and osteopaths and
J f l o n S a s well to ^ / m y s e l f and the members of my famPv PI have Studied the doctrine of suggestive therepeutics and
^/'rhristian Science with great interest and respect, and corin d o r se Horace Fletcher as the best doctor of them all.
f B /nd f i r S S r Sedlcal freedom and to.' the right of the
citizen to select his own medical or spiritual adviser.
The department of health, proposed by me bas for its^ohe
ject the prevention of sickness, and therefore taking business
[For Mr. La F ollette’s entire speech see Senate procedin‘SR
,
, , ,,
* Mr. CULLOM. I move that the Senate proceed to the con.
of executive
business.
7rliberation
-—
vOT
, , ---- . FOLLETPE
rr ETTE
Timmu
the Senator withhold that motion
, Mr.
LA
jfor a momeut
^ ,
Mr. CULLOM. Certainly.
Mr.
Mr. CULLOS
LA FOLLETTE. I move that when the Senate adjounls
to-day it adjourn to meet at 12 o’clock to-morrow.
Mr. KEAN. That will be the regular order.
The PRESIDING OFFICER. The Chair thinks that that
would be the regular order without a motion.
Mr. LA FOLLETTE. Very well.
Mr. PAYNTER. Mr. President----The PRESIDING OFFICER. Does the Senator from Illinois
yield to the Senator from Kentucky?
Mr. CULLOM. I yield.
.
, , ,,
Mr PAYNTER. I desire to offer an amendment to the pop,)
ing bill, and I ask that it may be printed in the R ecord and lie
of Thursday, May
may 26,
zo, 1910.]
raxu.j
E l m PRESIDING OFFICER. The amendment will be r*.
a^Thefmembers^ of the profession whose hearts are constantly ceived, printed, and lie on the table, and will also be p rints ^
wrung by the grief and sorrow at the bedside of sickness and
R ecord.
,
n.
Gentli naturally desire to prevent bad health and illness, eten theThe
proposed amendment is as follows.
t i i t b e to their financial loss, as it evidently Is, and every
member of the noblest of professions will stand for the de
‘‘A fto
Its rates, and until the question 0f »
partment of health when its purposes and its constitutional
''“T h f ' a Z r t ^ h ^ w medical a v i a t i o n could by
points where
(|f destination, consignor and consign,^
anv nossibility take charge of the health activities of the Gov from
date, point of
poi
oViinmpnt woisrlit, rate,
1
ernment of the United States and interfere with the medical
freedom either of citizen or practitioner is preposterous.
l l is to the honor of all the members of this sympathetic and the freight, or to the qo • S showing the date, point of origin ; "f
lading, receipt,
expense and consignee, character of freight sijlm l1
self^sacrificing profession that they are so largely interested m nation,
name of
fl.e“ght lind^ total amount of freight c lia r ^
sell sacr n s
ttius diminishing the need for then own
preventing disease ana tnus u
b
healing, I should
^ Pl°JThm,id tngage in a generous rivalry to put an end to
dSeara and prevent tuberculosis, typhoid and yellow fevers,
E r n i e “ ague, pneumonia, and the many diseases which are
S t S £ about6™ * ”1department of health cat hope to assist
inland it can only do this by cooperating with the States on
m, and
educating the people on the elementaiy
E " ! 1S t h Tud SetoaS rtftu ed facts relating to the pre
vention of the wholesale sickness and death of our peopleIt is bevond belief that any of our good citizens engaged in
c u E t h e E k would seriously oppose the reasonable exera.se
edher the state or national activities within their constituE f l UmnTfor the prevention of the illness and death of our
people.
COURT OF COMMERCE, ETC,
EXECUTIVE sessio n .
Mr. CULLOM.
to the consideration of executive business.
The motion was agreed to, and the Senate proceeded to t|„,
consideration of executive business. After eight minutes sp£!
in executive session the doors were reopened and (at 4 o’cloA
and 35 minutes p. m.) the Senate adjourned until to-morrow
Thursday, May 26, 1910, at 12 o'clock meridian.
CONFIRMATIONS.
. E x e c u tiv e nom inations confirm ed by th e S e n a te M ay 25,
as in Committee of the Whole, resumed the con,7The. ESenate
A f’thc bill (S. 6737) to create a CQurt of commerce
\
I renew my motion that the Senate proceea
U nited S tates Marsh al .
B<f l? ! ! » n d the a c t entitled “An act to regulate commerce, jI Harmon L. Remmel, to be United States marshal for ^
approved February 4, 1887, as heretofore amended, and fop- eastern district of Arkansas.
P ostmasters .
_
_
After having
V tPfr Pl A°FOLLETTE resumed
his speech.
fsnnfcpn over an hour and a half he said:
.
, ,
Mr President, I am now about to take up a very important
hs-Ed of this subject. I purpose to demonstrate that since the
S b u r ? ^ r n went toto o V ik instead of rates being advanced?nd no one is able to say to this Senate or to the country howmuch the rates have been advanced, because no one knows but
S e r a ir o a d E l am about to undertake to show that, instead of
rates being advanced, all of the economic laws governing with
resnect to transportation cry out for a reduction of transportatmn charges year by year for several years in the past. I do
not care to begin that argument without being able to conclude
ft and as I shall not to-night be able to conclude it or to
approach the conclusion of what I have to say upon this
proposition and upon this bill, of which I propose to make an
E l v s i s which I shall follow by a discussion of sections 13,
14 and 15, showing the iniquity of those sections, I would pref t v not to take up the discussion of the proposition at this hour.
If the Senator from Illinois has risen to move an executive ses
sion, I shall yield to that motion.
Mr. CULLOM. I have sent for the chairman of the com
mittee. I would rather not move an executive session or any
thing else until we see what he purposes doing.
Mr LA FOLLETTE. Mr. President, I will myself take the j
responsibility of moving that the Senate do now adjourn.
Mr. CULLOM. I hope the Senator will not do that.
Mr. LA FOLLETTE. Very well, then, if the Senator desires
+n move an executive session, I will yield for that purpose.
ILLINOIS.
John J. Reeve, at Jacksonville, 111.
INDIANA.
Albert J. Frost, at Portland, Ind.
KENTUCKY.
Robert E. Woods, at Louisville, Ivy.
MICHIGAN.
E. Harvey Drake, at Yale, Mich.
Harry K. Myers, at Vulcan, Mich.
MINNESOTA.
Fred A. Swartwood, at Waseca, Minn.
George H. Tome, at Pine Island, Minn.
PORTO RICO.
Luis A. Torregrosa, sr., at Aguadilla, P. R.
VIRGINIA.
Louis L. Whitestone, at Culpeper, Va.
WEST VIRGINIA.
Harrison A. Darnall, at Buckhannon, W. Va.
WISCONSIN.
John C. Freeman, at New London, Wls.
____ r Parrv a t M arion. WiS.
1910.
CONGRESSIONAL RECORD—SENATE.
Table showing a few of the advances which have become effective a fter Mag 1,
Commodity,
From—
T o-
6913
mo __Continued
Old rate
per ton
(2,000
Difference Per cent.
pounds).
Sullivan, Ind—
Princeton, Ind.
Brazil, Ind.......
Danville, 111___
Marion, 111.......
Pana, 111..........
Sullivan, Ind...
Princeton, Ind.
Brazil, Ind____
Cambridge, Iowa........................
— do............................................
Kalamazoo, Mich_______ ____
----- do.............................................
-----do..............................................
-----do..............................................
-----do..............................................
---- do............................................ .
Fond du Lac, Oshkosh, Keen ah,
and Menosha, Wis.
___do..............................................
__ do..............................................
___do..............................................
___do..............................................
___do..............................................
Danville, 111.......
Marion, 111____
Pana, 111______
Sullivan, Ind—
Princeton, Ind—
Commodity.
T oWaterbury, Conn........................
----- do............................................
___ do............................................
Braintree. Mass...........................
Canton, Mass_______________
do---------------------------------- Dedham, Mass..............................
do_______________________ Fall River, Mass_____________
Lowell. Mass................... .............
___ do............................................... New Bedford, Mass....................
Pittsfield, Mass.............................. New Lenox, Mass......................
___do.............................................. . Lenox, Mass................................
Stockbridge, Mass......................
do.............................................. Great Barrington, Mass.............
Canaan, Mass...............................
do.
Chicago, 111.....................................: Clinton, Iowa
___ do...............................................i De Witt, Iowa...............................
___ do...............................................! Grandmound, Iowa.....................
___ do............................................... Cedar Rapids, Iowa.....................
-----d o ............................................ Tama. Iowa.
___ do.............................................. Marshalltown, Iowa..
-----do.............................................. Omaha, Nebr..............
-__do..............*............................... Fairmont, Minn..........
___do......................................... — Des Moines. Iowa.......
__ do........................................ .Mapleton, Iowa-------___do.............................................. 1 Alecter, S. Dak............
___do.............................................. Parker, 8 . Dak............
___do.............................................. Esmond, 8 . Dak.........
___do................... - ........................ Salem, S. Dak............ .
___do................... ......................... Rochester. Minn-------___do................ ............................. Winona. Minn..............
New Ulm, Minn..........
___ do.............................................. Redwood Falls, Minn.
-----do.............................................. Watertown, 8 . Dak—.
___ do.......................-..................... Groton, S. D ak......... .
___ do.............................................. Aberdeen, S. Dak....... .
East Clinton, 111............................. De Witt, Iowa.............
___ do.............................................. . South Omaha. Nebr..
___ do.............................................. . Marshalltown, Iowa..
___ do.............................................. . Cedar Rapids, Iowa...
___ do.............................................. Des Moines, Iowa.......
SCrrv,tIn
N0, 5........................................................ East Walpole.
Mass
Xjv.mm____
Ueaa
Springfield, Mass.
Bo...........
Worcester. Mass............................
C otton..
Taunton, Mass...............................
d o .*:::............................................................ —
Do...... .......................................................
Pressed meat
Do
Do..............................................................
HOIDo an<l mules’ ln d°Uars, per'standard car:
Do.
Do.
Do.
Do.
Do.
Do..
Do..
Do.
Do..
Do..
Do..
Do..
Do.
Do.
Do...... ::::::::::::::::::::::::::::.............
d °:::::::..........................................................
D o...
..........................................................
D o . . . ...............................................................
D o ... ..................................................... -........
D o... ................................................................
D o ... .................................................................
D o .....................................................................
D o .....................................................................
$2.10
2.17
1.30
1.27
1.58
1.85
1.40
1.47
1.75
$2.30
2.37
1.40
1.37
1.70
1.45
1.48
1.57
1.85
0.09
.09
.07
.08
.08
.08
.06
.07
.06
1.72
2.06
1.80
1.85
1.82
1.82
2.15
1.90
1.95
.06
.05
.06
.05
.05
Old rate.
0 $1.90J
• 1.68
•1.90J
.06
.06
.08
.05
.09
.05
:i3
.17
.20
.22
85.00
87.00
39.00
55.00
63.00
65.00
75.00
70.00
70.00
75.00
75.00
80.00
85.00
83.00
65.00
45.00
70.00
70.00
85.00
86.00
85.00
21.70
55.00
85.00
27.20
35.00
2.02
New rate. Difference. Per cent.
• $1,951
« 1.73
• 1.951
.061
.061
.081
.051
.091
.031
.131
.161
.18
.21
$0,001
.001
.001
.001
.001
.001
.01
.01
.01
.01
.01
.23
88.50
40.50
43.00
80.60
09.50
71.60
82.50
77.00
77.00
82.50
82.50
6.50
8.50
4.00
6.50
6.60
6.60
7.50
7.00
7.00
7.50
7.50
90.50
91.50
71.50
49.50
77.00
77.00
93.50
93.50
98.50
25.50
60.50
38.50
80.00
88.50
8.50
8.50
6.50
4.50
7.00
7.00
8.50
8.50
8.50
8.80
5.50
8.50
2.80
8.50
88.00
8.00
0.03
.03
.03
.04
.04
.03
.05
.03
.05
.08
.08
.06
.05
.05
.10
.09
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.10
.18
.10
.10
.10
.10
• Per ton.
sn Mrl STONE. Mr. President, at this point, following the
dps! 1 °* tlie Senator from Wisconsin [Mr. L a F oij.ette], I
loYVg 6 *° ieac* a tele£ram received this morning. It is as folIlon -rr
T
„
Kansas City, Mo., May 15.
un- W. J. Stone,
United S ta tes Senate, W ashington, D. C.:
havi r,allr?ad lines’ members of Western Trunk Line Freight Association,
('1, 1® Simultaneously announced great advances In their rates between
1 n * ' M ississippi River, and Missouri River points, effective June
A - t i r Per Hosmer’s supplement 2 to Interstate Commerce Commission
tiori <1 Appears like conspiracy between roads, and as such is a violaAtt* ot antitrust act. Conditions do not warrant such radical advances,
frnm ney Gener*H should immediately bring suit to restrain railroads
.um putting rutes into effect. Missouri River cities will have comthe New Willard, Washington, Monday, 30th, to discuss. Please
Kansas City Live Stock Exchange,
The telegrams referred to are as follow s:
lion. WILLIAM J. S tone,
'> « an C m , Mo., May 25, 191C
United States Senator, W ashington, D. C.:
Rate advances by western trunk line roads between Chico™ m i.
slpi River, and Missouri River points, effective June 1 S
' 3
supplement 2 to I. C. C. A .-115, thought to tie resuft of consnR«cta
tween roads, and as such a violation of antitrust act a r u f^ n t'l
ranted by commercial conditions. Bring pressure on A H o r n e ^ p ^
to immediately institute proceedings to* rest J „
:Gen'
in violation of law. Committee from Missouri River will
o
Willard, Washington, Monday, 30th, to discuss. Arrange to meet u
T he Commehcial Ci.ru
VV. T. B land, President.
Al. CLK.VDKNNING,
General Secretary
By T. G. McCkosky, Vice-President.
f have telegrams of similar import, and in somewhat similar
0rms> signed by W. T. Bland, president, and E. M. Clendeuning,
Mineral secretary, of the Commercial Club of Kansas City.
I have another signed by the Kansas City Transportation
oi'eau, by O. V. Wilson, chairman; and still another by Wil- i» Volkers. All these are from Kansas City, and I desire
in
t.llem in the R ecord. I will read but one, the others l>e811Dilar, and I thought this quite an appropriate place to
nave them inserted.
r«o.l!? .R E S ID E N T pro tempore. I f there is no objection, that
Blest will be complied with.
XLV------ 433
Senator W illiam .T. Stone,
*V SAS ClTT’ Mo'’
25 2G>
W ashington, D. O.:
Rate advances by western trunk-line roads between Chion™
sipl River, and Missouri River points, effective June 1 Iiosmo,-aMefS<w
supplement 2 to 1. C. C. A .-115. thought to be result of
tween roads, and as such a violation of antitrust act and
ranted by commercial conditions. Bring pressure on Attornev-Generai
to Immediately institute proceedings to restrain roads from caravhfi
rates into effect and to dissolve all traffic associations or other mstiWi«
In violation of law. Committee from Missouri River will meet at
Willard, Washington, Monday. 30th. to discuss. Arrange to meet u s ^
K ansas City T ransportation B ureau!
O. \ . W ilson , Chairman.
CONGRESSIONAL RECORD—SENATE.
May 2fi
6914
Kansas City, Mo., May 25, 1919.
Senator W. J- Stonb,
.
Was tna' j • ‘ Wegtcrn Trunk Line Association, issued
The railways, members 0 tariff 1-115, effective June 1, advancing
supplement 2 to I. ' • •
, j t ig rep0rted that these advances
rates approximately 20 per cent esl(Jentg1of thg various roads withwere made on instruction or ^ ^ officials, indicating a conspiracy
out consultation with tIie^ olation of the antitrust acts. Use every
between the roads and a “ 0A“torney.Genorai institute proceedings to
means possible to have the ^ w o r a e y ^
lnt0 efTect aD<i further
restrain rosds from pu ng tne
methods in violation of
to dissolve a 4
th ew estern shippers will meet at the New
The Secretary proceeded to call the roll.
Mr CLAY (when his name w as called). I have a pair with
the junior Senator from New York [Mr. R oot], and as he j,
absent I decline to vote.
Mr PAGE (when Mr. D il lin g h a m ’s name was called), »
wish'to announce that my colleague is unavoidably absent. j,*
is paired with the senior Senator from South Carolina [jqr'
TlMrMBACON (when Mr. F oster’s name was called). I ha
been requested by the junior Senator from Louisiana [Mr
F oster! to announce that he is necessarily absent to-day 0n
a . , . . ! tS s
s
s
s
i
to 5 s * ? j £ £ r ’ account of business connected with the visit of officials 0f }li(1
Thp PRESIDENT pro tempore. The question is on agreeing State to the capital. He is paired with the senior Senator frou,
“Worth Dakota [Mr
'
JER miaen M sm m e was called). I am pairM
NEB
[ior jakfrUnrMroafmgfaware [Mr. R ichardson ], 1
Mr SCOTT (when his name was called). I have a geneni
pair with the senior Senator from Florida [Mr. Ta lui S S '
the veas and nays.
I Will within*! Iiw > ^ e fo r th * raespt. I do not know l„ ;
I suggested ,o ,^ S e n a Mr. T il lm a n ’s na
to r fmm Iowa an a m e n d & ^ l t h W h o p e that
would
"was called). In the absence of the senior Senator from Ver
which^ IhsuggestedmCI ^gain make the Inquiry of the Senator mont [Mr. D il lin g h a m ] as well as of the senior Senator from
from Iowa whether it would be agreeable to him to add t° his South Carolina [Mr. T il l m a n ], I desire to state that the s e n *
Senator from South Carolina is paired with the senior Sen*t0[
amendment the language which I then proposed, which is, fo
lowing the word “ speed,” in the fifth line of the second page, from Vermont.
The roll call was concluded.
Mr DU PONT. My colleague [Mr. R ichardson ] is pU]r. .
t 0 Andd a final decision shall be rendered within six months from the
w
ith
‘the senior Senator from Maryland [Mr. R ayner ], IIe ^
date on which the said schedule was filed.
Mr CUMMINS. In view of the differences of opinion which necessarily absent from the Senate.
,
..
Mr. JOHNSTON. I desire to announce that the senior s (.n
rlovH onod respecting the proper interpretation of the suggesOf ?Se S e E r from Virginia, I can not modify my amend- ator from Texas [Mr. Culberson ] is paired with the junior
Senator from California [Mr. F l in t ], and the junior Senator
m o o t I desire a vote upon it directly and as it is.
.... .
Mr MARTIN. Then, I wish to inquire whether or not it is in \ from Arkansas [Mr. D a v is ] is paired with the junior Senator
i from Illinois [Mr. L orimer].
order'for this amendment .to be offered by me now.
Mr CUMMINS. I suggest to the Senator from 4 irginia that
The result was announced—yeas 18, nays ot, as follows;
„ my suistHuto is adopted, it will bo entirely in order for the
YEAS— 18.
Senator from Virginia to move to amend it.
Smith, S. C
Percy
Martin
Bacon
Stone
Mr. BEVERIDGE. That is better.
,
Purcell
Money
Bailey
Taylor
Shively
Mr MARTIN. I am aware of that, but I desire to subm t Fletcher
Overman
Simmons
.Ow.en
Frazier
it to a vote of the Senate now as an amendment to the amend
Smith, Md.
Fay u ter
ment of the Senator from Iowa, if under parliamentary law it Johnston
*S The° PRESIDENT Pro tempore. In the opinion of the Chair
it is in order.
, ,, „
Mr. MARTIN. I offer the amendment, then.
The PRESIDENT pro tempore. The Secretary will state the
amendment.
,
, „
Mr. GALLINGER. It is in order?
The PRESIDENT pro tempore. In the opinion of the cnair
it is. The amendment will be stated.
,
.
The Secretary. On page 2 of the printed amendment, after
the word ‘'speed,” in line 5, insert the woids.
And a final decision shall be rendered within six months from the
date on which the said schedule was filed.
The PRESIDENT pro tempore. The question is on ap ee
ing to the amendment of the Senator from Virginia. [1 utting
the question.] By the sound the “ noes ” have it.
Mr. MARTIN. I ask for the yeas and nays.
Mr. PAYNTER. Is it in order to submit remarks at this tim e.
The PRESIDENT pro tempore. Is there a second to the de
mand for the veas and nays? In the opinion of the Chair, there
is not a sufficient number. The yeas and nays are refused and
the amendment is lost.
.
,
Mr. CLAY. I ask that the question be again put. I do not
believe we ought to refuse the yeas and nays to any Senator
when they are demanded, and I sincerely hope they will not
be refused in this instance.
, , .. T
Mr. MARTIN. I have no pride of that sort about it. I do
not so far as I am concerned, desire anyone to support a call
for’the yeas and nays unless it meets his judgment.
The PRESIDENT pro tempore. The yeas and nays were
refused, and the amendment of the Senator from Virginia is
lost The question is on agreeing to the amendment of the
Senator from Iowa to the amendment of the Senator from
"Mr. PAYNTER. Is it in order to submit remarks for about
five minutes?
, . , .. „
,
Mr. MARTIN. I will say that I do not think the Senate
understood the call for the yeas and nays, and I should like to
have that question submitted again.
The PRESIDENT pro tempore. The Chair will again sub
mit the request. Is there a second to the request of the Senator
from Virginia for the yeas and nays on his amendment? In
the opinion of the Chair there is a sufficient number.
Aldrich
Beveridge
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burkett
Burnham
Burrows
Burton
Carter
Bankhead
Buikeley
Clay
Culberson
Daniel
NAYS— 54.
Elkins
Chamberlain
Frye
Clapp
Gallinger
Clark, Wyo.
Gamble
Clarke, Ark.
Gore
Crane
Guggenheim
Crawford
Hale
Cullom
Heyburn
Cummins
Jones
Curtis
Kean
Depew
La Follette
Dick
Lodge
Dixon
McEnery
Dolliver
Nelson
du Pont
NOT VOTING—20.
Lorimer
Davis
McCumber
Dillingham
Newlands
Flint
Penrose
Foster
Rayner
Hughes
Nixon
Oliver
Page
Perkins
Piles
Smith, Mieh
Smoot
Stephenson
Sutherland
Warner
Warren
Wetmore
Richardson
Root
Scott
Taliaferro
Tillman
So Mr. M artin ’s amendment to the substitute of Mr. Cuy.
was rejected.
The PRESIDENT pro tempore. The question recurs on agree,
ing to the amendment of the Senator from Iowa [Mr. Cu m m in * i
to the amendment of the Senator from Kansas [Mr. B ristow i
upon which the yeas and nays have been ordered. The Secre
tary will call the roll.
The Secretary proceeded to call the roll.
Mr. CLAY (when his name was called). I am paired with
the junior Senator from New York [Mr. R oot]. I transfer the
pair to the senior Senator from Florida [Mr. T aliaferro ], an,j
let the junior Senator from New York [Mr. R oot] stand paired
with the senior Senator from Florida [Mr. T aliaferro], and i
will vote. I vote “ yea.”
....
Mr RAYNER (when his name was called). 1 am paired with
the junior Senator from Delaware [Mr. R ichardson ], if ^
were present, I would vote “ yea.”
Mr. DU PONT (when Mr. R ichardson s name was called),
Mv colleague [Mr. R ichardson ], as has just been stated by the
senior Senator from Maryland, is paired with him. If my cop
league were present, he would vote h^yMr SCOTT (when his name was called). As announced bv
the junior Senator from Georgia [Mr. C lay ], the senior Senator
from Florida [Mr. T aliaferro] having been taken care of, I will
vote. I vote “’nay.”
m in s
1910.
C O N G RESSIO N A L RECO RD — SE N A T E .
6915
The roll call was concluded.
The PRESIDENT pro tempore. The Senator from WashingMr. PAGE. I wish again to announce the absence of my col
league [Mr. D il l in g h a m ], who is paired with the senior Senator a Z Z m K a n s a T * SUbstitute for tLe amendment of the Senfrom South Carolina [Mr. T il l m a n ] . If my colleague were
Mr. GALLINGER. I ask tiiat the amendment of the Senator
present, he would vote “ nay.”
from Kansas be first reported.
Mr. PERKINS. I desire to announce that my colleague [Mr.
The PRESIDENT pro tempore. The amendment offered bv
F l i n t ] is absent from the Senate on official business and has a tlie Senator from Kansas will be reported
oy
general pair with the senior Senator from Texas [Mr. C u l
The S ecretary . The Senator from Kansas [Mr B r ist o w !
b e r so n ] .
p r o p o ^ ^ e foRowing amendment: On page 19, a t’the end of
Mr. BACON. I again make the same announcement In refer
ence to the junior Senator from Louisiana [Mr. F oster ] as I
Provided, however, That the commission shall first„
Biade upon the preceding vote. He is paired with the senior schedules which show an increase of rates, fares, and charges 61 those
Senator from North Dakota [Mr. M c C u m b e r ], and is absent for
In lieu of the amendment of the Senator from Kansas the
the reason I then stated.
Senator from Washington proposes the following a m e n d m e n t:
Mr. JOHNSTON. I again announce the pair of the senior
Provided, That if any such hearing can not be concluded within th«
Senator from Texas [Mr. C u l b e r so n ] with the junior Senator period
of suspension the Interstate Commerce Commission “1UJI All IIS
its
from California [Mr. F l i n t ], and of the junior Senator from discretion, extend the time of suspension for a #further maB
period, not
Arkansas [Mr. D a v is ] with the junior Senator from Illinois exceeding six months.
[Mr. L o rim er ].
The PRESIDENT pro tempore. The question is on agree
The Secretary proceeded to recapitulate the vote.
ing to the amendment proposed by the Senator from Wash
Mr. LA FOLLETTE. I ask that the pairs be announced, as ington.
ivell as the names of those not voting.
Mr. ALDRICH. I ask that the substitute offered by the
Mr. GALLINGER. Let the announcement of the roll call Senator from Washington be read.
first be made.
The PRESIDENT pro tempore. It has just been read.
The Secretary recapitulated the vote.
Mr. ALDRICH. No; the substitute offered by the Senator
Mr. LA FOLLETTE. Now I ask for the announcement of from Washington. I ask that it may be read.
the pairs and of those not voting.
The PRESIDENT pro tempore. It has just been read
The PRESIDENT pro tempore. The Secretary will announce
Mr. ALDRICH. I believe it will lie satisfactory to th e S e n
the pairs.
ator from Arkansas if he shall hear it.
The Secretary read as follows:
The PRESIDENT pro tenqiore. It has just been read
\r r‘ hooT with Mr. T aliaferro .
Mr. GALLINGER. Let it be read again.
Mr. I lint with Mr. Culberson.
Mr. ALDRICH. Y es; let it be read again.
Mr. L orimer with Mr. D avis .
The PRESIDENT pro tempore. It will again be read
IB llingham with Mr. T illman .
Ar ' McCumber with Mr. F oster.
The S ecretary . In lieu of the amendment proposed bv the
Air. R ayner with Mr. R ichardson,
Senator from Kansas [M r. B r ist o w ] the Senator from W ash
OLIVER. I should like to announce that my colleague ington proposes to insert:
*\ t* Lenrose] iR detained in Philadelphia by serious illness.
Provided, That if any such hearing can not be concluded within Dip
r- ALDRICH. I ask that the vote be announced. Let us period of suspension the Interstate Commerce Commission mav in its
discretion, extend the time of suspension for a further period not ex
see what the vote is.
ceeding six months.
’
fol! 0h®sresUlt
^ ie v°te was announced—yeas 29, nays 43, as
Mr. BACON. I ask that the amendment proposed to be of
fered by the Senator from Arkansas be read for information
YEAS—29.
Bacon
The PRESIDENT pro tempore. It will be read for informa
Clarke, Ark.
Gamble
Purcell
Clay
tion.
Gore
Shively
Crawford
Johnston
Simmons
/T h e S ecretary . In lieu of the amendment just read it is
Bourne
Cummins
La Follette
Smith, S. C.
proposed to insert:
Bristow
Dixon
Martin
Stone
Burkett
C
hamberlain
Clapp
Doiliver
Fletcher
Frazier
j Provided, however, That whenever there shall be filed w ith the com' mission any schedule stating a new individual or Joint rate fare
charge which is an increase over the then existing rate, fare, or chnree
or any new individual or Joint classification which effects such increife'
the operation of any such Increase shall be suspended and the
Aldrich
Scott
anv such increased rate, fare, charge, or classification shnii h„
Bailey
Smith, Md.
fee red until after full hearing and shall take effect only after th e e ,
Bradley
Smith, Mich.
mission has found and declared the same to be J u s t \ n .l r e a s o n s ^ /
Smoot
f a f gee
and neither unjustly discriminatory nor undulv lin-forenti^l , / , / / ’
Stephenson
dicial, nor otherwise in violation of the provisions of this act 1 The’
Brown
Sutherland
proceeding for such hearing shall be instituted bv the m m X ic, - 6
Burnham
Taylor
within ten days after the schedule of any such increased raXo / T
{[arrows
Warner
charge, or classification is tiled and shall be carried forward with Tl
Burton
Warren
practicable speed; and the commission is hereby given thT Xnme ne
Carter
Wetmore
with reference to any such rate, faro, charge, or classification thn/'iX
Clark, Wyo.
would have if the proceeding had been Initiated after th e^ r o to ^ fL i1
charge, or classification had become effective: Provided further ti ;
in the event the commission shall not be able to conclude s,Xch h’J ^ Rt
Rayner
jjSSKS4
and announce its decision thereon within six months after said
.!/
Richardson
Culberson
shall be formally instituted tu aforesaid the proposed ] ™
Root
Daniel
shall
become
operative
pending
a
final
decision
on
said
heaDng
n
n
l^ l
Taliaferro
Davis
the commission shall find, and so declare in a formal o r d e r f h a r t s !
Tillman
said failure or Inability to so finally conclude said hearffig and to
tute of Mr. Cummins for the amendment o
nounco a decision thereon is due to delay caused hv the petit"oner and
“ "ui ivciusus livil. .okibtowj was rejected.
which the commiss on could not control. If when said hearing is ™
and a decision thereon announced it shall appear that s, eh
« r- NEWLANDS subsequently said: Mr. President, I wa, eluded
crease in rates is not warranted, the said increase,! rates If «nerof,in*
• 'onlably absent from the Chamber at the time the vote was under this proviso, shall be annulled and a schedule of roa so n/
/ !Ve
»‘ ,'en !'J)on ^ e Cummins amendment. I wish to state that if prescribed, whether the same be more.or less than the n l o S ti ,™ te2
^tho date the application for an increase was made.
l i s t i n g at
‘sent i should have voted for that amendment.
Overman
Owen
Paynter
NAYS— 43.
Crane
Heyburn
Cullom
Jones
Curtis
Kean
Depew
Lodge
Dick
McEnery
du Pont
Nelson
Elkins
Nixon
Frye
Oliver
Gallinger
Page
Guggenheim
Perkins
Hale
Piles
NOT VOTING— 20.
Dillingham
McCumber
Flint
Money
Foster
Newlands
Hughes
Penrose
Lorimer
Percy
t1r. r- LA FOLLETTE. I ask for an announcement of those
“ot voting and not paired.
GALLINGER. A list of those not voting will appear in
me R ecord as usual.
Mr. ALDRICH. Yes.
LA FOLLETTE. Very well.
nf i
JONES. I desire to offer a substitute for the amendment
ti e r 'llator from Kansas [Mr. B ristow].
I ^"e PRESIDENT pro tempore. The Senator from Washingi offers a substitute for the amendment submitted by the
\ j ° n froin Kansas. It will be stated.
CLARKE of Arkansas. I move to amend the amendment
whnf r nator froni Kansas by striking it all out and inserting
ut ‘ c .1 send to the desk. I believe it is in order to perfect the
id men t before a substitute is offered.
Mr. CLARKE of Arkansas. Mr. President, the Senator from
Rhode Island [Mr. A l d r i c h ] requested the reading of th
amendment of the Senator from Washington under the
that in legal effect it was equivalent to the amendment I have
presented. It is very different.
e
In the first place, it leaves it discretionary with the commit
sion, without any possible showing ns to who is responsible for
the delay. Next, it makes no provision whatever for a modified
rate. The commission is required to reject the proposed in
crease and to send the rates back and then undergo an inde
pendent inquiry to determine what would be a reasonable rate
if any advance is to be permitted.
‘ ’
The amendment I have offered. I think, meets the require
ments of the occasion by giving the commission the power to
hear the application for an increase on its merits, to invest!-
CONGRESSIONAL RECORD—SENATE.
May 2g
6916
hand if it is found to be unjust and Improper, then the shipr,0
Mte the condition of the rates at that time, and to determine is protected by the amendment, if it should become a law.
whether or not a n o t h e r r a te -a rate other than the one then in
The amendment provides that the carrier shall at the point*
f o S shall be substituted; whether it shall be an increase or where the rate was increased give to the shipper a bill of iacj
ing or receipt showing the total charges that were made arm
8 S i T S the matter of six months, the commission is only the charges which would have been made if the original rate
nermitted to extend the time beyond six months whenever it is had been charged, and if the increased rate is adjudged to u„
nuide to appear that the delay has not been caused by the car- unreasonable, then, upon the presentation of the bill of lading
r w Vetitioning. It provides for a condition where the rail to tlie office where the charges were paid, tlie shipper is entitled
roads by some kind of cooperative action, might load the cbm- to collect the excess charges from the carrier.
nif^ion down with applications for increases which they knew
It may be said that that will not be practicable, I will giv
wmild never be granted, and absolutely submerge the commis nn Instance in which four railroad companies agreed that »
sion in their efforts to reach those where there was to be a was a reasonable rule. I had the honor in part to rep re ss
bona fide controversy and an intelligent and thorough mvesti- the State of Kentucky in litigation growing out 'of? theiinerea*,
of rates by the railroad commission of that State. The qQes
Sai'think they are not identical, and I therefore would not be tion arose as to whether the injunction should continue iti
willing to accept the amendment of the Senator from Washing- force until final judgment in the case. Representing Kentucky
ton as a complete disposition of tlie subject as I understand i • with other attorneys, we agreed with the earners that an orfl,.y
Mr CRAWFORD. I should like to hear the amendment substantially to the same effect as the amendment which f
offered by the Senator from Washington read again.
have offered, should be entered in the cases, and that it shou](i
The PRESIDENT pro tempore. The Secretary will again remain in force until there was a final determination of ttlf>
read the amendment offered by the Senator from Washington question. In that proceeding, the Louisville and Nashvi]^
[Mr. J ones 1 to the amendment of the Senator from Kansas Railroad Company, the Southern Railroad Company m
tucky the Queen and Crescent, and the Illinois Central RalK
nvir B ristow J.
The Secretary again read the amendment to the amendment. road Company, in effect, admitted that it was practicable a,1(1
Mr JONES. Mr. President, I simply desire to say that un proper for the order to remain in force until there was a flUu,
der the bill as it now stands the Interstate Commerce Com determination of the question.
mission may suspend the rates for one hundred and twenty
I ask Senators why it is that the shippers should not be Pro_
days. The proposition submitted by me provides that
tected between the time that the rate is increased until the
ing that time the hearing can not be concluded the toterstate question of the carrier’s right to make the g r e a s e d rate i*
Commerce Commission may further suspend, in order to com determined? I again ask Senators why it is tbat tliat J 8 „ot
pi etc the hearing, for a further period of six
other proper and just that the earner should not be protected during
words, the rates might be suspended u n d er the operation of the same period? If it had a right to increase the rate, th"xf
this provision for a period of eleven months. That is all l ^ course, if you do not give it this protection, you may f0re’
care to say. That is the purpose of the amendment to the it to sustain a loss during the pendency of the proceedings.
It seems to me that it is just to furnish a rule to govern tlu.
aniendi e ^ ^ t e r .
information is that another amend
parties and preserve the rights of the shippers and the carrier,
ment is not in order now, but I send to the desk an amend pending a hearing of the issue to be adjudged between them.
ment which I shall propose, and I ask to have it read for 1
I voted for the Cummins amendment with some misgiving,
I did so upon the idea that when the carriers had fixed a rau
^Tlm'PRESIDENT pro tempore. The Senator from Kern the presumption might be indulged that it was reasonable untn
tucky offers an amendment and asks that it may be read. 1
the Interstate Commerce Commission made a change in u
Secretary will read it.
But while I did that, my amendment more thoroughly express*The S ecretary. Insert the following proviso:
my view on this question than the amendment of the Senator
from Iowa.
Mr. President, at the proper time, if I can do so, I desire to
offer this amendment, and I shall insist upon a vote upon it.
Mr ELKINS. Mr. President, I have considered the nmenq
ment somewhat which has been offered by the Senator fron
point of destination, consignor and consignee, the character o
Washington [Mr. J ones ] to the amendment of the Senator from
the consignee when he pays the freight, a bifl of lading, r e c e i p t , ^ Kansas [Mr. B ristow ]. I believe it is fair and just, and r
favor it. As chairman of the committee and in charge of tin.
signor anVcTsSgnee^ha'racte^ of/reighf shipped, weight thereof rate bill, I hope it will be adopted.
Mr BEVERIDGE. I wish to ask a question of the Senator
M R
S
S
t m
4 “ t V
S S K
r t
from Washington. Will the increased rate go into effect uni],.r
the six months’ extension provided for in the Senator’s amendU the increased rate is found to he unreasonabl^ then the carrter snai
ment’ Suppose the commission is not able to conclude it.
refund to the party paying it the difference between that. and the
hearing
and consideration in the period named in the amend
as it existed before the increase, and shall
“
freight
the 1)111 of lading, receipt, or expense bill at its office where tne ire „
ment of the Senator. In that case will the increased rate go
phflPVfK! WPTD mi id.
effect?
Mr. PAYNTER. Mr. President, I beg the indulgence of the into
Mr. JONES. I understand It will until the Interstate Com
Senate for a few minutes in calling attention to the provisions merce Commission makes its final finding.
of mv proposed amendment.
,,
. ,
Mr. CLAY. If I understand the amendment of the Senator
I think we all recognize it to be true that if the carrier in
creases its rate, and the commission or the courts to whom that from Washington, the increased rate will not go into effect
Question may be carried finally adjudge that it is an unreason until after the expiration of six months.
Mr. JONES. Really it could be held up for about eleven
able rate and the carrier was not entitled to increase its rate,
it should not be permitted to collect and retain from the ship months.
Mr. CLAY. Taking the whole bill, with the amendment of
pers the amouut in excess of the preexisting rate. On the othei
hand if the carrier increases its rate, and the commission or the Senator, the commission will be entitled to eleven month*
the court to whom that question is carried adjudges it bad a to investigate the increased rate.
Mr JONES. That is correct.
SSrt to do it, then we must all admit the carrier has been
Mr. CLAY. In other words, they are allowed discretion n*
wronged to the extent of the difference between the preexisting
rate and the increased rate, because it has been compelled to to six months either to suspend the rate or let it go into opera,
carry freight at less than a reasonable rate._
tion during six months.
,
x
So it seems to me in legislation where it is possible to do so
Mr JONES. No; under the bill as it now stands the rate
the law should be absolutely just, and the carrier should not may be suspended for one hundred and twenty days.
be compelled to carry freight at less than a reasonable rate,
Mr. CLAY. That is the original bill.
and upon the other hand if it increases the rate bejoml what it
Mr. JONES. That is the effect of it. If a hearing is inxtL
should be, the shippers should not be made to pay the amounts tuted'and is not completed in one hundred and twenty dav*
in excess of a reasonable rate. The excess so paid should be it is left discretionary with the Interstate Commerce Commit
refunded by the carrier. My proposed amendment gives that sion as to whether it will require a further suspension, not
relief and at the same time protects the carrier against loss from exceeding six months. Of course, if they do not make an order
carrying freight at less than a reasonable rate.
that there shall he a further suspension the rates would g0
The purpose of the amendment is to protect the carrier if the
act of increasing the rate was just and proper. Upon the other into effect.
1910.
CONGRESSIONAL RECORD— SENATE.
amendment of the Senator from Arkansas and the amendment
offered by the Senator from Kentucky.
Mr. BEVERIDGE. Mr. President, if it appears that the
statement of the Senator from Massachusetts [Mr. L odge] is
correct, that the amendment of the Senator from Washington
is in the nature of a substitute for the amendment o f the Sena
tor from Kansas [Mr. B r ist o w ], and is, therefore, an amend
ment to strike out and insert, then, of course, as the Chair has
just held, both are questions, and each is open to amendment,
as w as held in the case of the amendment of the Senator from
Iowa [Mr. C u m m i n s ]. That being true, of course the amend
ment of the Senator from Arkansas either to the substitute
offered by the Senator from Washington or the amendment
offered by the Senator from Kansas would be in order, because
both are questions.
I premise these remarks upon the statement of the Senator
from Massachusetts, who stated—I suppose after haring looked
up the record—that the amendment of the Senator from Wash
ington is in the nature of a substitute, and is therefore a motion
to strike out and insert, thus presenting two separate questions,
either amendment being by way of perfecting. That being true,
the amendment of the Senator from Arkansas, I again repeat,
would be in order either to the substitute o f the Senator from
Washington or to the original amendment of the Senator from
Kansas.
Mr. BRISTOW. Mr. President, as I understand, the amend
ment of the Senator from Washington being a substitute for the
amendment I have offered, I have the right to perfect my
amendment before the substitute is voted upon.
Mr. ALDRICH. Unquestionably the Senator has the right to
do that, with the consent of the Senate.
Air. BRISTOW. That would be-----The PRESIDENT pro tempore. The Chair ruled a day or
two ago that a Senator had a right to modify his amendment
whether the Senate consented or not.
Mr. ALDRICH. I think not. I think the ruling of a few
days ago was that an amendment to an amendment might be
perfected, and not the amendment itself which was before the
Senate. I think there is a great distinction between the two
propositions.
This amendment can only be modified or changed by unani
mous consent. An amendment to an amendment may be modi
fied without unanimous consent, that being a question to be
loted upon at the time. The Senator from Washington [Air.
J o n e s ] , for instance, might modify and change the language
ot his amendment, but the Senator who moved the original
amendment proposed to be voted upon could not change his
amendment, because he might modify his amendment so that
the amendment of the Senator from Washington would be
entirely foreign to the question.
Mr. BAILEY. Air. President, w ill the Senator from Rhode
island permit me to make an observation?
The PRESIDENT pro tempore. Does the Senator from
Rhode Island yield to the Senator from Texas?
Air. ALDRICH. Certainly.
Air. BAILEY. Air. President, it seems to me that the Senator
rom Rhode Island is confusing the right of a Senator over
ms own amendment with the right, under general parliamentary
faw, of every member of any assembly to propose amendments
ro a pending proposition before it is in order to vote on a
substitute for it. As I understand the rule, it is that the friends
ut a proposition—and I think I am perhaps quoting the very
language o f the thumb book of parliamentary law—that the
it lends of a proposition have a right to perfect it before a
substitute for it can be voted upon.
Air. ALDRICH. Mr. President, that is undoubtedlv true; but
ine pending proposition is not the amendment of the Senator
rom Kansas, but the pending proposition Is the amendment of
the Senator from Washington.
Mr. BAILEY. That has been held to be a substitute.
Air. ALDRICH. I understand that the substitute can be
perfected, and I assume-----Mr. BAILEY. Surely, if the substitute can be perfected,
then the original proposition may be perfected.
..
ALDRICH. Undoubtedly; but, as I say, by the Senate
itself.
Mr. BAILEY. Of course.
Air. ALDRICH. But not by any Senator; by unanimous con
sent.
Air. BAILEY, The Senator from Kansas can move an amendmerit to it.
Mr. ALDRTCH. Undoubtedly.
;[r' BAILEY. He is a Senator.
Mr. ALDRICH. Undoubtedly.
6 9 1 9
Mr. BAILEY. And any other Senator—the Senator from
Arkansas—can move an amendment to it
Air. ALDRICH. Undoubtedly.
Air. BAILEY. Then there is no difficulty
th0-v could not move a substitute.
smm<M,Vi.Vinc.
^
p r < w s c s *"’*”* « * » *» *
Air. ALDRICH. The Chair held, as I umlorsinnu__nmi t
think with great a c cu ra c y -th a t the amendment of the SenatoJ
from Arkansas w as a substitute for the amendment of thA
Senator from Kansas; that the amendment of the Senator
from Washington was also a substitute; and, therefore that
the amendment of the Senator from Washington should be first
voted upon, those amendments being perfecting amendment®
Mr. BEVERIDGE. Mr. President, I ask a r u l ^ o f ^ b e
Chair upon the particular question now before the Semite Tt
api>ears that the amendment of the Senator from Washington
was an amendment in the nature of a substitute for the amend
ment of the Senator from K ansas; and therefore an amend
ment in the nature of striking out and inserting, both of whieh
are questions, and cither of which may be amended as w as
ruled a moment ago, and as is now conceded bv the Senn/n.
from Rhode Island and everybody else.
senator
I understand, that being the iiarliamentarv status the Sens
tor from Arkansas offers to amend the substitute of the Spun
tor from Washington. That he undoubtedly can do That is
an amendment in the second degree to that substitute No
Senator can then offer to amend his amendment because tliif
would be an amendment in the third degree. That is the situ
ation.
We have a distinct question for the Chair to rule unon
which is whether or not the amendment which the Senator from
Arkansas moves to substitute for the amendment of the Sen
ator from Washington is in order; and the Chair, in a like situ
ation a moment ago, ruled that it was in order.
Mr. CLARKE of Arkansas. Mr. President.' I desire to in
quire upon what authority a single objection can prevent i
Senator from withdrawing any motion that he may make in
view of the existence of the second clause of Rule X X I, which
read s:
2.
Any motion or resolution may be withdrawn or modified bv +i1Q
mover a t any time before a decision, amendment, or ordering nf th»
yeas and nays, except a motion to reconsider, which shall not be w ith
drawn without leave.
In view of that rule, I am at a loss to know how It happens
that the request of the Senator from Kansas to withdraw his
original amendment can be denied upon the objection of the
Senator from Rhode Island.
Air. ALDRICH. That is very plain, I think, because there
was an amendment pending to i t ; and an amendment certainiv
can not be withdrawn when an amendment is pending
on
without the consent of the Senate.
1
6 to lt:
Mr. CLARKE of Arkansas. The rule says when an amend
ment has been made—not when an amendment has been nend
Ing, but when an amendment has been made. The l a n m J *
of the rule is mandatory and p lain :
b age
Any motion
mover at any
yeas and nays,
drawn without
or resolution may lie withdrawn or modified bv thP
time before a decision, amendment, or ordering of
except a motion to reconsider, which shall not be with
leave.
au aoz De
It not only specifies what may be withdrawn without leave
but the rule actually siieelfies what does require leave- and
that is. a motion to reconsider after bavin* once been made In
view of that rule, the Senator from Kansas w as well within bis
rights when he sought to withdraw the amendment proposed
by him some days since. I ask if, in view of the presentation
of this rule, the Chair would see proper to modify the ruiin.r
announced a moment ago?
*
h
The PRESIDENT pro tempore. The Chair is of the opinion
that the Senator from Kansas had a right to modify his amend
ment.
Mr. BEVERIDGE. Mr. President, a parliamentary innnirv
Is it tlie case that the Senator from Arkansas has offered
amendment to the substitute of the Senator from W ashing™
ami. if SO, is H in order?
w raogw m j
Mr. ALDRICH. I understand that the Chair holds that the
Senator from Kansas can modify his amendment.
Mr. BEVERIDGE. That is not the question now before the
Senate, as I understand. That might be the question in a little
while.
The PRESIDENT pro tempore. The Chair so held.
Mr. BEVERIDGE. That might be the question in a little
while and, I think, probably will be: but the question as I
understand, now is. whether or not. as the Chair has ju st ruled
in the case of the so-called Cummins amendment and the
6920
CONGRESSIONAL RECORD—SENATE.
amendment of the Senator from Virginia to that, the nmendm e n r J f h e Senator from Arkansas to the substitute of the
Senator from Washington is now in order. I understand from
toe statement of the Senator from Massachusetts [Mr. Lodge],
who is always accurate, that the record shows that the amend
ment of the Senator from Washington to the amendment of the
Senator from Kansas is in the nature of a substitute, and
therefore is an amendment to strike out and insert. That be
ing the case, each is a question and each may be amended.
Therefore if the Senator from Arkansas offers his amendment
to the substitute of the Senator from Washington, that amend
ment is in order. That being the case, the question would im
mediately be upon the amendment offered by toe Senator from
A r k a n s a s to the substitute offered by the Senator from Wash
ington. That is toe parliamentary situation.
Mr. ALDRICH. As I understand, the Senator from Arkansas
m o v e s his amendment as a substitute for the amendment of the
Senator from Kansas.
Mr. BEVERIDGE. No.
Mr. ALDRICH. That is my understanding of it.
Mr. CLARKE of Arkansas. Mr. President----The PRESIDENT pro tempore. That was toe motion.
Mr. CLARKE of Arkansas. The particular matter before the
Senate involves the proposed amendment of the Senator from
Kansas. The matter contained in the amendment offered by me
can be presented in various aspects, either as an amendment to
that of the Senator from Kansas or as a substitute for the
amendment of the Senator from Washington. There is no point
to be made upon the fact that at the stage I offered the amend
ment, when the Chair declined to receive it, I stated that I
offered it as an amendment to the amendment offered by the
Senator from Washington. We will know exactly what the sit
uation is as soon as the Senator from Kansas is permitted to
announce what his present purpose is.
The P R E S I D E N T pro tempore. In order to relieve the con
dition, the Chair is going to hold that the Senator from Arkan
sas can perfect the amendment offered by the Senator from
Kansas, it being a question by itself, on striking out, and that
the vote will first be on the amendment offered by the Senator
from Arkansas.
_
Mr. CLARKE of Arkansas. I offer the amendment which I
send to the desk. It has beer. read. It proposes to strike out all
of the amendment of the Senator from Kansas and to insert
what I send to the desk. On that I ask for the yeas and nays.
Mr. PAYNTER. Mr. President, is it in order to offer an
amendment to the amendment of the Senator from Arkansas?
The PRESIDENT pro tempore. The Chair does not think he
can relieve the Senate any further.
Mr. HEYBURN. Mr. President, I understand that a call
has been made for toe yeas and nays on the amendment of
the Senator from Arkansas. I wish to occupy a moment before
I respond to another roll call.
I voted against the Cummins amendment primarily because
it contained no provision for a control over the reduction of
rates. I want it thoroughly understood, because a number of
Senators, representing communities and States similar to that
which I in part represent, have voted differently. I want it
to appear in toe Record why I cast my vote in that way and
why I shall continue to cast such votes as I may along the
same lines.
The business of the country is controlled, so far as com
petition is concerned, by railroad rates. The long-and-shorthaul clause having been dealt with in a manner entirely unsatis
factory to me, it leaves the country at the mercy of the low
rates rather than the high rates, so far as we are concerned.
We are much more interested in having a control exercised
over the reduction of terminal rates than we are in having a
control exercised over the raising of what you might call the
internal rates of the country. They are now at the maximum;
they have just been raised in anticipation of what Congress
is doing to-day; and I want it to appear that I did not vote
against the supervision and control of the raising of rates be
cause I was opposed to the exercise of control over rates, but
because it did not include the exercise of an equivalent or
like control over the reduction of rates, for the reduction of a
terminal rate is of necessity a raising of the internal rate,
because it affects the relation which the rates bear to each
f other, and that affects the commerce of the internal country.
The PRESIDENT pro tempore. The question is on the
H amendment of the Senator from Arkansas [Mr. Clarke], on
\ which the Senator from Arkansas demands the yeas and nays.
\ . The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. FLINT (when his name was called). I have a general
pair with toe senior Senator from Texas [Mr. Culberson]. I
Mat 2g
transfer that pair to the senior Senator from Connecticut [j,jr
B ulkeley], and vote. I vote “ nay.”
Mr. RAYNER (when his name was called). I am paireq
with the junior Senator from Delaware [Mr. Richardson], »
transfer that pair to the senior Senator from Virginia [jIr
Daniel], and vote. I vote “ yea.”
Mr FLETCHER (when Mr. Taliaferro’s name was called)
I desire to say that toe senior Senator from Florida [Mr. Tali*'
ferro] is paired with the Senator from West Virginia [ u r
Scott]*
Mr. WARREN (when his name was called). I have a standing pair with the senior Senator from Mississippi [Mr. Money)
I transfer that pair, so that that Senator may stand pair,.(j
with the senior Senator from Pennsylvania [Mr. Penrose)
which will leave me at liberty to vote. I vote “ nay.”
The roll call was concluded.
Mr. SCOTT. I have a general pair with the senior Senator
from Florida [Mr. Taliaferro] ; but under the arrangement
previously made with the junior Senator from Georgia [jqr
Clay], by which we transferred our pairs, so that the Senate
from Florida [Mr. Taliaferro] will stand paired with the Seim
tor from New York [Mr. R oot], I will vote. I vote “ nay.”
Mr. CLAY. That leaves the junior Senator from New York
[Mr. Root] paired with the senior Senator from Florida [j)r
Taliaferro], and I desire to vote. I vote “ yea.”
Mr BACON. By request, I again make the announcement in
regard to the junior Senator from Louisiana [Mr. F oster] which
I previously made, as to his being paired with the senior s en.
ator from North Dakota [Mr. McCumber] and as to the reason
for his absence from the Chamber to-day.
Mr. JOHNSTON. I wish again to announce that the senior
Senator from Texas [Mr. Culberson] is paired with the juni0r
Senator from California [Mr. F lint], and that the junior Senator from Arkansas [Mr. Davis] is paired with the junior
Senator from Illinois [Mr. Lorimer].
The result was announced—yeas 35, nays 40, as follows;
y e a s — 35.
Bacon
Bailey
Beveridge
Borah
Bourne
Bristow
Burkett
Chamberlain
Clapp
Aldrich
Bradley
Brandegee
Briggs
Brown
Burnham
Burrows
Burton
Carter
Clark, Wyo.
Bankhead
Bulkeley
Culberson
Daniel
Davis
Gore
Hughes
Johnston
La Follette
Martin
Newlands
Overman
Owen
Paynter
NAYS—40.
Guggenheim
Crane
Hale
Cullom
Heyburn
Curtis
Jones
Depew
Kean
Dick
Lodge
du Pont
Nelson
Elkins
Nixon
Flint
Oliver
Frye
Page
Gallinger
NOT VOTING—17.
Money
Dillingham
Penrose
Foster
Richardson
Dorimer
Root
McCumber
Smith, of Md.
McEnery
Clarke, Ark.
Clay
Crawford
Cummins
Dixon
Dolliver
Fletcher
Frazier
Gamble
Percy
Purcell
Rayner
Shively
Simmons
Smith, S. C.
Stone
Taylor
Perkins
Piles
Scott
Smith, Mich.
Smoot
Stephenson
Sutherland
Warner
Warren
Wetmore
Taliaferro
Tillman
So the amendment of Mr. Clarke of Arkansas to the amend,
ment of Mr. Bristow was rejected.
The PRESIDENT pro tempore. The question before the
Senate now is on the amendment offered by the Senator from
Washington.
Mr. PAYNTER. If it is in order, I desire to offer the
amendment which I send to the desk as an amendment to the
amendment of the Senator from Washington. It is the amend
ment which was read from the desk a few moments ago.
The PRESIDENT pro tempore. The Senator from Kentucky
offers an amendment to the amendment offered by the Senator
from Washington.
Mr. ELKINS. Is this an amendment to the amendment?
Mr. PAYNTER. It is to be added at the end of the amend
ment of the Senator from Washington.
Mr. ELKINS. Is it to perfect toe amendment of the Senator
from Washington?
Mr. PAYNTER. It is offered as an amendment to his amend
ment.
Mr. ELKINS. I hope the Senator from Washington will
accept the amendment of the Senator from Kentucky.
Mr. JONES. So far as I am concerned, I am perfectly willing to accept the amendment.
Mr. ELKINS. The Senator accepts it as perfecting his
amendment?
Mr. JONES. Yes.
1910.
CONGRESSIONAL RECORD— SENATE.
6921
The PRESIDENT pro tempore. The question is on the
Mr. CUMMINS. Mr. President, I know that my colleague
amendment of the Senator from Kentucky [Mr. P a y n t e r ] to [Mr. D olliver ] had a substitute for these sections, which he
the amendment of the Senator from Washington [Mr. J o n e s ] . presented some time ago. The minority of the committee pre
The amendment to the amendment was agreed to.
sented a substitute for the sections; and before the vote is
The PRESIDENT pro tempore. The question is on agreeing taken those of us who are in favor of some restriction upon
to the amendment of the Senator from Washington as amended. the capitalization of the railways of the country, but who are
Mr. DOLLIVER. I ask that the whole amendment as per not in favor of these particular sections and not in favor of this
fe c te d be read.
particular way, desire to be heard.
The PRESIDENT pro tempore. The amendment as per
Mr. DOLLIVER entered the Chamber.
fected will be read.
Mr. CUMMINS. I see that my colleague is now in the Cham
The Secretary read as follow s:
ber, and, in so far as I can, I yield the floor to him.
Provided, That if any such hearing can not be concluded within the
Mr. DOLLIVER. I rise to a parliamentary inquiry. Is it in
Period of suspension, the Interstate Commerce Commission may, in its
discretion, extend the time of suspension for a further period not order at this time to offer, in lieu of the sections which are pro
exceeding .six m o n th s: Provided further, That after the carrier has In posed to be stricken out, affirmative propositions to be substi
creased its rates (and they are in force), and until the question of its tuted for them?
right to do so has been determined by the Interstate Commerce Com
The PRESIDENT pro tempore. In the opinion o f the Chair
mission and the courts where the question has been carried for adjudi
cation, all waybills made out by the carrier on interstate shipm ents to it is.
or from points where the increased rates apply shall show on their
Mr. DOLLIVER. Then I desire to offer a substitute in lieu of
face the date, point of origin, point of destination, consignor and con the matter proposed to be stricken out.
signee, the character of articles consigned for shipment, weight, rate,
The
PRESIDENT pro tempore. The Senator from Iowa
freight, and total charges. The carrier shall give to each shipper when
he prepays the freight, or to the consignee when he pays the freight, offers an amendment in lieu of the sections proposed to be
a bill of lading, receipt, or expense bill showing the date, point of stricken out. It w ill be reported to the Senate.
origin, destination, ■name of consignor and consignee, character of
Mr. BAILEY. Unless the Senator from Iowa desires at this
freight shipped, weight thereof, rate of freight, and total amount of
freight charges. The bill of lading, receipt, or expense bill shall show time to address the Senate, I should like to have this matter
what the charges would have been if the increased rate had not been printed, not only in the shape of an amendment, but in the
changed. Such waybills shall be preserved until final determination R ecord, so that we may see it to-morrow.
of the question as above provided. If the increased rate is found to
Mr. DOLLIVER. I should very much prefer to have a few
o® unreasonable then the carrier shall refund to the party paying it
the difference between th at and the rate as it existed before the in minutes to renumber the sections and perfect the amendment
crease, and shall do so on presentation of the bill of lading, receipt, or in some particulars. I offer it simply to have something pend
expense bill a t its office where the freight charges were paid.
ing. I do not desire particularly to go on at this hour.
The PRESIDENT pro tempore. The question is on agreeing
Mr. ELKINS. Is it the same as the amendment printed in
to the amendment as modified to the amendment.
bill?
Mr. JONES and Mr. ALDRICH called for the yeas and nays, theMr.
DO LL IV E R . There are som e om ission s.
uud they were ordered.
Mr. ALDRICH. I suggest to the Senator from Texas that
The Secretary proceeded to call the roll.
if the motion of the Senator from Colorado should prevail there
Mr. CLAY (when his name was called). I again announce would be no occasion for discussion w ith reference to any
My pair w ith the junior Senator from New York [Mr. R oot], substitutes for the sections that are now in the bill. I think
find transfer it to the senior Senator from Florida [Mr. T a l ia - we might test the sense of the Senate upon the motion o f th.
****> 1, and w ill vote. I vote “ yea.”
Senator from Colorado.
Mr. FLINT (when his name was called). I again announce
If the motion of the Senator from Iowa to amend should
My pair with the senior Senator from Texas [Mr. C u l b e r so n ]. lead to a rejection of the motion of the Senator from Colorado,
transfer it to the senior Senator from Connecticut [Mr. then we could go on with the discussion. If, on the other hand,
* \ tKELEY] ’ an<*
vote. I vote “ yea.”
the Senate desires to strike these sections from the bill, then
Mr. NIXON (when his name was called). I am paired with of course the discussion of the Senator from Iowa would not
e senior Senator from Oklahoma [Mr. O w e n ] . If he were be necessary at this stage.
Present I should vote “ yea.”
Mr. DOLLIVER. But I take It that the mere striking of
uA r' VAYNER (when his name w as called). I am paired these sections from the bill would not interfere w ith any Sen
t,. a , , e junior Senator from Delaware [Mr. R ic h a r d s o n ] . I ator's right to offer affirmative matter affecting the subjectrangfer it to the senior Senator from Virginia [Mr. D a n i e l ] matter of these sections.
U\
vote. I vote “ yea.”
Mr. ALDRICH. Certainly It would not affect his parlia
Mr. WARREN (when his name w as called). As announced mentary right, but if the Senate should vote to strike these sec
. tr e
vote, by transfer of pairs the Senator from Missis- tions from the bill it would look as though offers or suggestions
fpn 1
M°n e y 1 w ill stand paired with the senior Senator of that kind would not be availing.
'
ora Pennsylvania [Mr. P e n r o se ] , and I w ill vote. I vote
Mr. DOLLIVER. It would look that way on the surface but
yea.”
it would still remain within the discretion of Senators to ’cor
H ie roll call having been concluded, the result w as an rect such an impression as might be carried in the suggestion
nounced—yeas 72, nays 0, as follow s:
of the Senator. We are, I think, under an affirmative dutv
... ,
YEAS— 72.
to take some action in respect to the capitalization of these cor
Hjw , c**
Clark, Wyo.
Gallinger
Paynter
porations, and the mere fact that the Senate, without debate
Iinu0n
Clarke, Ark.
Gamble
Percy
rejects the jumble of material that has been left upon our door
jjp’ oy
Clay
Gore
Perkins
Crane
Guggenheim
Piles
steps by outside parties referring to these matters will certainlv
Crawford
Hale
Purcell
not interfere with any Senator’s right to offer affirmative propo
]W nPe
Cullom
Heyburn
Rayner
RrJMjy
Cummins
Hughes
Scott
sitions relating to the same subject; and if my experience is
ftj-?. e®e®
Curtis
.Tohnston
Simmons
worth anything, it w ill not seriously interfere with the debate
t)r£ p
Depew
Jones
Smith, Mich.
upon
that subject. I do not, however, particularly care to
«ri8t°w
Dick
Kean
Smith, S. C.
proceed now.
H r .
Dixon
La Follette
Smoot
Dolliver
Lodge
Stephenson
Mr. BAILEY. I make this suggestion to the Senator from
«urnham
du Pont
Martin
Stone
Iowa. I take it, of course, that the Senator intends in his mo
[[ow s
Elkins
Nelson
Sutherland
Fletcher
Newlands
Taylor
tion to amend, to rewrite the sections entirely, and that his
e i.,5 ,
Flint
Oliver
Warner
motion Is in effect a motion to strike out and insert.
< ! n )Pr*a M
Frazier
Overman
Warren
Mr. DOLLIVER. That is the purpose.
^ apP
Frye
Page
Wetmore
Mr. BAILEY. I would imagine that that Is true- and of
n
NOT VOTING— 20.
course, that motion takes precedence of the motion a l r e n l i v « „ h
IlnnT*iea<^
Dillingham
Money
Root
C n h fley
Foster
Nixon
Shively
naltted by the Senator from Colorado.
y UD“
b « » i i80B
Lorimer
Owen
Smith. Md.
The only thing I care about it is: If I could vote f i r s t to
Dnv!e
McCumber
iPcnrose
Taliaferro
avis
McEnery
Richardson
Tillman
strike out of the bill everything on this point and then after
So the amendment, as modified, to the amendment was wards vote against putting anything in the bill on the subject
agreed to.
of course I would prefer to do th a t I might prefer the motion
I he PRESIDENT pro tempore. If there be no objection, the of the Senator from Iowa as against the present provisions of
niendment as amended w ill be regarded as agreed to. The the bill, and I might as between those two feel constrained to
r ,alr Pears no objection.
vote for his motion. It seems to me, however, that the rules
L / * r- HUGHES. I move to strike out from the bill as re- ought to permit Senators who feel as I do, that this matter is
ported sections 13, 14, 15, and 17; and on that I ask for the wholly beyond he jurisdiction of the Federal Government to
peas and nays.
vote on that question first. But I do not m yself think that
\ Phe yeas and nays were ordered.
that is worth even a colloquy, for it Is a mere matter of pro-
6922
CONGRESSIONAL RECORD—SENATE.
codure and whatever is the pleasure of the Senate and whatthe Senator from Colorado satisfies me.
Mr HUGHES S It occurs to me that if the proposal of the
Senator from Iowa is toward filling the gap left in this legislationafter the exclusion of these sections, there ought to be no
objection to determining first whether or not they are to go out
entire v and I think that ought to be voted upon now. His
amendment will be an amendment to the bill and not to the
Amendment I have offered, and I can not see why we should not
vote upon the motion to strike out. It will not interfere with
anv ri'dit the Senator from Iowa may have to introduce into
this bin amendments. As he is not going to support the found
ling asylum to which he has alluded or contribute anything to
tlm food of the infants sent to it, he really ought to cease to
confine them there and let them get out and seek salvation
somewhere else.
I think, therefore, we might take a vote upon that first and
then later we can consider the matters which are to be pre
sented by the Senator from Iowa.
Mr. NEWLANDS. Mr. President, I wish to say briefly that
while' I am opposed to some of the provisions of these three sec
tions as drawn concerning the control of the capitalization of
railroads engaged in interstate commerce, I am strongly in
favor of the control of such corporations in their stock and
bond issues by the Interstate Commerce Commission, and I
wish to vote for a proper provision to that effect. I believe
that these corporations engaged in interstate commerce, though
state corporations, are subject to the control of two sovereigns,
one the State and the other the Nation, and it is
^ “ ’^ ll
the right of the Nation to control the capitalization of wrporations engaged in interstate commerce, even though they be state
corporations, as it is the right of the States themselves. And
whilst contradictory action may result upon the part of both
sovereigns that is an unfortunate situation which we can not
control under our dual system of government.
I hope the whole matter will be presented in such a shape as
that before the motion of the Senator from Colorado is acted
upon, we shall have an opportunity to vote upon a proper pro
vision for the control by the Interstate Commerce Commission of
the capitalization of railroads engaged in interstate commerce.
Mr BEVERIDGE. May I ask what is the parliamentary
situation? What is pending?
The PRESIDING OFFICER (Mr. Gallingicr in the chair).
As the present occupant of the chair understands the matter,
the Senator from Colorado has moved to strike out certain sec
tions of the bill and the Senator from Iowa has moved to strike
out and insert certain matter, and the motion of the Senator
from Iowa has precedence.
, ^ A
x
..
Mr DOLLIVER. Reserving the right to offer to-morrow the
amendment which I have offered this afternoon in lieu of the
motion submitted by the Senator from Colorado, I withdraw
the amendment and will allow the vote to proceed.
The PRESIDING OFFICER. The question is on agreeing
to the motion made by the Senator from Colorado, to strike
out sections 13, 14,15, and 17 of the bill.
Mr. DOLLIVER. I desire the Record to indicate that I will
offer this amendment to-morrow.
_.
Mr. ELKINS. It will be printed in the R ecord and lie on
Mr* DOLLIVER subsequently s a id : I desire to offer an
am endm ent to th e pending bill, to be printed in th e R ecord.
The PRESIDING OFFICER. The amendment will lie on the
table and be printed, and it will also be printed in the R ecord.
Mr. Dollivee’s amendment is as follows:
1 9 Thnt for the purpose of this act the following words and
Phrases shall be deemed to have the meaning specified in this section:
b I* stock ” shall mean any share or shares of capital stock in any
snoli corporation, whether common, preferred or otherwise classified.
‘‘ Evidences of funded indebtedness” shall mean any bonds, deben
tu r e s ™ ® ])^ notes, or other evidences of indebtedness payable at
nnv time after twelve months from date thereof.
.
The term “ securities ” shall include both stock and evidences of indelrtedness as herein
detaed^
provisions ?f this act
shafi issue any share of stock unless at least the par value thereof has
first been6 paid in cash into, its treasury or unless it is issued In ex
change for property or securities at not to exceed their true and actual
value winal in amount to at least the par value of such stock: ProThat it shall be lawful for such corporation to pay a commission
to any person, if necessary as a consideration to his subscribing or
agreeing to subscribe for any shares or procuring or a j j r e v i n g P r°‘
cure subscriptions for any shares, but no such commission shall he
paid unless expressly authorized by the Interstate Commerce Commis
sion as necessary and in the public interest:
That any company which has been in continuous existence for more
than two years may sell additional shares at a discount, if necessary
to procure their sale; but no shares shall thus bo sold at a discount
without the previous express approval of the Interstate Commerce
Commission as necessary and in tne public interest.
Sec. 14. That no such corporation shall issue any evidences of funded
indebtedness which shall have a date of maturity exceeding fifty years
from date of issue, or which shall bear interest at a rate exceeding 0
tided
And provided further,
May 2ft
per centum per annum. And in no case shall such a corporation
evidences of funded indebtedness at a discount such that, tnkin " >'•
consideration the rate of interest and the date of maturity ther£?f "»>*.
net return to the investor thereon shall exceed , per centum per! f;
The amount of such evidences of indebtedness which may herenf
S u e d by any corporation shall not, together with e v i d e n t « 8ff ^ U
ndehtedness previously issued, at any time exceed, in all, the "": -i
stocked the corporation actually paid in at the time:
That any such corporation which at the time of the Ms :
this*act shall have evidences of funded indebtedness omsiatl(p , f "f
excess of Us capital stock may refund any part of such funded
'«
£dness in the future by issuing not to exceed an equal amount n‘" 1
dences of funded indebtedness.
15 That no such corporation shall issue any stock or evtH
of funded indebtedness, nor apply the proceeds thereof, except
following purposes, to w it:
.
First For the acquisition or construction of property to be
,
the operation of its business:
That where any scour!,;
such corporation are issued for the purpose of raising money to * "f
the expenses of the construction of any permanent line for tran, Wr*>
tion which can not be made profitable over a lengthened ner “'"t
comnrnv may pay interest on so much of the cost thereof as i,1' ' %
after specified out of the proceeds of its stock, charging the
M rt oYthe cost of construction. But no such nterest shall b, ! a*
out of the proceeds of stock unless the same slial have been e v , j«l
authorized by the Interstate Commerce Commission as n eees^ T ’f j
the purpose of enabling such construction to be made, and th*
state Commerce Commission shall determine for what period !,f "r
interest may be paid in this manner, and such period shall in
tl!*»
extend beyond the close of the half year during which the con8tr“
shall have actually been completed.
Second. For the Improvement of the property employed in such op,.r,.tl
Third. For the refunding, whether by the issue of evidences of I.?!*?*
indebtedness or by the issue of stock of the evidences of
d e b t E f o f the corporation previously issued:
That i ^ ,
shallthe amount of securities outstanding be increased by such ref,,,’ ,*■*
Fourth. Corporations themselves engaged in the actual operati,,!'**
transportation only, subject to the limitations in section §
<*f
stockPor evidences of funded indebtedness in exchange for thi**'1*
curities of other corporations owning or operating transport!.***
telegraph, or telephone lines, or may apply the proceeds of the
.
either stock or evidences of funded indebtedness to the m,rch#*
such securities:
That no such corporation shall here*,/'f
acquire or hold any of the securities of any other corporation *| “r
operates a parallel or competing line, nor shall any such corpora,!'1'
hereafter acquire any of the securities of any other corporation
« ar
aree not
connected
with
p u r c h a s in g
llta
i nes
xiur directly
u
i
— the
—poration, unless, although not connecting, the lines of the CorporanA
purri.* ***
whose securities are acquired are so related “to the lines of the purcm.7
ing corporation as to permit operation of both lines as a fmbstatl, *:
unit and to the improvement of the service.
Fifth. Corporations organized for the purpose of holding seeuri,.
of other corporations owning or operating transportation, teleg ,,'?*
or telephone lines may, subject to the limitations in section c, iJ**;
their securities in exchange for the securities of any such corpora,,
or apply the proceeds of the sale of their securities to the purchase
such securities:
That no such holding coi poration shall
after acquire or hold securities of any corporation owning or operaTt,.
a line parallel to or competing with the line or lines of any other < 3
poration in which it also holds securities; nor shall any such h.,wi
corporation hereafter acquire the securities of any corporation
lines are not directly connected with those of some other corpor!ttj **
in which it already holds securities, unless, although not so dlreoiu
connected, the lines of the two corporations can be operated as , U1J
stantiallv one unit and the service be improved thereby.
Sec. 16. That no corporation subject to the provisions of this
shall issue its securities in exchange for the property or securing ,i
any other such corporation, or shall purchase the proporty or seeuritu:
of any other such corporation at a rate or price in excess of the itu
and reasonable value of the property or securities so acquired.
“•
Sec 17. That a corporation subject to the provisions of this act sh*n
issue only such amount of stock and evidences ii funded judehtm*^
lndel,tc(tn,?^
as mav be reasonably necessary for the purpose for which such •s
is ,'
has been authorized;
lorizea ; auu
and no
uu sutu
such corporation shall apply the
, uc |irocc,.,L.
prootyu.
of any such stock or evidences iff
of funded indebtedness to n
any
r»*»
purpose
ose than
tnan that
tnat for
ior which
w l o they
cucj were authorized. . . .
, ,
Secc . 18. That before any corporation subject to this act shall i
any securities it shall make a full report of its proceeding jn , (.s.
--- to the Interstate Commerce Commission. Such report sh.n
thereto
show the amount and character of the securities which it propose* ,,'1
1
issue the purpose for which the same are to he issued or to which m, 1
pTixe’edstnereof are to he applied, and. the necessity for such
It shall state whether it is proposed to issue the same in exchange f,
cash or for property or securities; and if the same are to lie u ,ht«4
*’
in exchange for existing property or securities, or if the proceeds the,
are to he applied to the acquisition of existing property or secirii
the report shall contain full information as to the location and
ter of such property, or the location and character of the property re
togetner
wiifl satisfactory
sausiacuuy
ev uence as, to
V!T
k.,
sented
such securities,
together
with
evidence
____ „al .ralne
fh c e e n f
nnh
ch...and shall
. , by
ytangible,
actual,
and physical
valuefihnll
thereof,
show, tn y I«(
the property is that of an existing company, or in the case of the see!.?
ties of an existing company, what part of the value of such property
securities is represented by the investment of surplus earnings 'of 'i'
company subsequent to the passage of this a c t, and if such seeuritwi
are to be issued in exchange for or if the proceeds thereof are to S
used for the construction or acquisition of property not then exist
the report shall contain a full description of such proposed c o n str u c t
or acquisition, together with reasonable evidence as to the probat,u> ^
thereof Such report shall also state what, if any, rate of commisRUn^‘
is proposed to pay for securing the sale of any shares of stock "
at what if any, discount it is proposed to sell any such shares.
***
Sfc 19 That the Interstate Commerce Commission shall therein,™,
■nonire fully into the matter, taking such testimony as it mav , , “
needful and giving all parties interested a full opportunity to be heVr?
io soon as practicable the commission shall render a decision
whether the proposed issue of securit es is in conformity to thif*
Such decision shall be in writing, shall assign the reason therefor.
shall specify the respective amounts of stock or evidences of r„n^
indebtedness which are authorized to issue for the respective purp,
to which the same or the proceeds thereof are to he applied, ia or,w
that such issue may conform to the requirements of this act.
tr
Sec. 20. That whenever, for the purpose of better fulfilling the
ties imposed upon it by lawr, under this act or under any other act, ih»
Interstate Commerce Commission shall deem it necessary, it mar mat*
>h-
%7c
Provided,
Provided,
Provided,
lines ot the
Provided,
u'
cUu\-~
1910.
CONGRESSIONAL RECORD— HOUSE.
a d eterm in ation o f th e a ctu a l, tan gib le, and p h ysical v a lu e o f th e prop
er ty o f an y tra n sp o r ta tio n , telegrap h , or telep h on e com pany su b ject to
th is a c t ; and for th is purpose it sh a ll have pow er to require from such
com pany a report s e ttin g forth , in such d eta il a s th e com m ission m ay
prescribe, th e cost and valu e of its p r o p e r ty ; and th e com m ission sh a ll
th e pow er to em p loy exp ert en gin eers and acco u n ta n ts to exam ine
th e s ta tem en ts in such report, or to exam in e th e property and accoun ts
°T ?u ca c o r p o r a tio n ; and it sh a ll be th e d uty o f such com pany to fur
n ish such en gin eers and acc o u n ta n ts fu ll access to th e property and to
th e a ccou n ts o f th e com pany b earin g on such co st and valu e.
S ec . 21. T h a t every an n u al or periodical balan ce sh e et o f an y such
corporation w h ich sh a ll h ereafter, in accordance w ith law , be filed w ith
J-ne In te r sta te Commerce C om m ission sh a ll d istin g u ish secu rties issued
under th e p rovision s o f th is a c t from secu rities p reviou sly issued, and
sh a ll in d icate a s to each c la ss o f secu rities issu ed under th e term s o f
vms act th e am ou n t issu ed for cash , the am ou n t o f prem ium s or o f d is
count, if an y, th ereon , th e am ou n t o f com m ission, if any, allow ed on
sa les of stock, and th e am ou nt issu ed in exchan ge for property and for
secu rities, resp ectively. T he I n te r s ta te Com m erce C om m ission sh a ll
prescribe such form s o f a ccou n ts to such corporation s and require froin
them reports in such form a s w ill d isclo se clearly th e d isp osition o f
secu rities issu ed under th e term s o f th is a c t and th e ap p lication o f th e
proceeds th ereof. E very com pany su b ject to th e p rovision s of th is a ct
SiVH ’J n “ S an n u al b alan ce sh eets, or oth er b alan ce sh eets h ereafter sub
m itted to th e In te r sta te Commerce C om m ission, d istin g u ish am ong its
a sse ts th e am ou nt o f such a sse ts acquired by th e in v estm en t or»surplus
earnings sub seq u en t to th e p assage o f th is a c t ; and every such com
pany w hich sh a ll h ereafter acquire th e property or th e secu rities of
any o th er such com pany sh a ll, in its an n u al balan ce sh eets, show w h a t
P**rt o f th e v a lu e o f th e p rop erty or secu rities so acquired represents
the in v estm en t, sub seq u en t to th e p assage o f th is act, o f su rp lu s earnm g s o f th e com pany w hose p rop erty or secu rities are acquired.
8®c - 22. T h a t if an y corporation su b ject to th is a ct sh a ll Issue se
cu rities w ith o u t th e ap proval o f the In te r sta te C ommerce C om m ission,
a s herein provided, such secu rities sh a ll be illeg a l, frau d u len t, and
void, and a n y official o f an y such corporation sig n in g or d irectin g th e
issu e of such illeg a l secu rities, or a n y official o f such corporation di
rectin g th e a p p lica tio n o f th e proceeds o f th e sa le o f an y secu rities
nerem au th orized to a n y o th er purpose ex cep t th a t for w h ich th e sam e
IfSfP a u thorized, sh a ll be deem ed g u ilty o f a m isdem eanor, and sh a ll be
i ^ u P 01* con viction in a cou rt o f th e U nited S ta te s o f com p eten t
ju n s d ic tio n , to a fine o f n o t le ss th an $5,000 nor more th a n $20,000 and
im p rison m en t for a term n o t exceed in g th ree years.
The PRESIDING OFFICER. The question is on agreeing
to the motion of the Senator from Colorado, on which the yeas
aQAT nays ^ave been ordered. The Secretary w ill call the roll.
Mr. CLAY (when his name w as called). I announce my pair
With the junior Senator from New York [Mr. R oot], I f he
were present, I should vote “ yea.”
Mr. FLINT (when his name w as called). I announce my
pair with the senior Senator from Texas [Mr. Culberson],
which I transfer to the Senator from Connecticut [Mr. B ulket-EY] and will vote. I vote “ yea.”
Mr. RAYNER (when his name was called). I am paired with
tbe junior Senator from Delaware [Mr. R ichardson]. I trans
fer the pair to the senior Senator from Virginia [Mr. D aniel ]
and w ill vote. I vote “ yea.”
Mr. WARREN (when his name was called). By the same
arrangement for the transfer of pairs heretofore made, I will
vote. I vote “ yea.”
The roll call w as concluded.
Mr. NEWLANDS. I ask unanimous consent to explain my
a ‘Gi re to vote upon this question.
Mr. ALDRICH. Oh, n o ; that is not in order, Mr. President.
Mr. NEWLANDS. All right.
Tbe PRESIDING OFFICER. Objection is made.
Mr. LODGE. The result of the vote has not been announced.
th e PRESIDING OFFICER. It has not been announced, the
Chair w ill state.
Mr. LODGE. It is still open to a Senator to vote?
The PRESIDING OFFICER. Yes.
Mr. ALDRICH. Yes.
The result was announced—yeas 68, nays 1, as follow s:
... ,
B ar™
B a fw
Revo,™
Boi-™
Bom ™
Brmu
YEAS— 68.
C lark, W-V°.
C larke, Ark.
C rane
C raw ford
C ullom
Gumming
C u rtis
D ep ew
D ick
D ix o n
D o lliv er
du P o n t
E lk in s
F letch er
F lin t
F razier
G allin ger
G am ble
Gore
G uggenheim
H a le
H eyburn
H u g h es
J o h n sto n
UpfjM egee
Jon es
K ean
Brm™w
La F o lle tte
R nrw *.
Lodge
jU ^ k ett
M cE nery
Rnl!!?aain
M artin
r '7 ° w S
N elson
O verm an
j^namberlain
Page
Clapp
P ercy
NAYS— 1.
B u rton
NOT V O TING — 23.
Bankhead
D illin g h a m
N ew la n d s
B ulkeley
F o ste r
N ixon
Clay
F rye
O liver
Culberson
Lorim
er
O w en
D aniel
M cCumber
P n y n ter
Davis
M oney
P enrose
So the am endm ent of Mr. H ughes w as
P erk in s
P iles
P u rcell
R avner
S cott
S h ively
Simmons
Sm ith , Md.
Sm ith , S. C.
Sm oot
S tep h en son
S tone
S u th erlan d
T aylor
W arner
W arren
W etm ore
R ichardson
R oot
S m ith , M ich.
T aliaferro
T illm an
agreed to.
6923
Mr. ELKINS. I move that when the Senate adjourns to-day
it be to meet at 11 o’clock to-morrow morning.
Several S enators. Oh, no!
The PRESIDING OFFICER. The question Is on agreeing
to the motion of the Senator from West Virginia that when
the Senate adjourns to-day It be to meet at 11 o’clock to-morrow
morning.
Mr. HALE. I hope the Senator from West Virginia will not
insist upon that motion.
Mr. ELKINS. A great many Senators have requested me to
make the motion.
Mr. HALE. Let the Senate pass upon it. We never have
gained anything by it. We come here in the morning at 11
with four or five Senators here, and there is delay.
’
Mr. ELKINS. Many Senators have asked me to make the
motion. It is in the hands of the Senate. Let us see whether
the motion w ill be agreed to.
Mr. HALE. I doubt very much whether the Senate w ill
agree to It.
The PRESIDING OFFICER. The question is on the motion
of the Senator from West Virginia that when the Senate ad
journs to-day it adjourn to meet to morrow at 11 o’clock
The motion w as not agreed to.
Mr. HALE. 1 move that the Senate adjourn.
Mr. NEWLANDS. Mr. President-----The PRESIDING OFFICER. Does the Senator from Maine
yield to the Senator from Nevada?
Mr. HALE. I do not.
The PRESIDING OFFICER. The question is on the motion
of the Senator from Maine that the Senate adjourn.
The motion w as agreed to, and (a t 5 o’clock and 2 minutes
p. m.) the Senate adjourned until to morrow, Fridav Mnv 97
1910, at 12 o’clock meridian.
iuay
H O U SE
T
OF
R E P R E S E N T A T IV E S .
h ursday
, M a y
2 6 , 1 9 1 0 .
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Our Father in heaven, increase, we beseech Thee, our spiritual
vision that we may discern clearly down deep iu every heart
that germ of divinity which makes the whole world kin, that
we may be inspired day by day to do unto others as we would
be done by, that Thy kingdom may come and Thy w ill be dona
in earth as it is In heaven.
We learn with profound sorrow of the illness of two of the
rAmhnro of
nf fhfss
TTnnsf* and
most fervently
forvontitr pray ^
_ .. their
Members
this House,
and wo
we most
that
attending physicians may be guided in their skill to the seat of
the disease, that they remove it and thus restore them again to
health and strength, that they may come in and go out among
us as before. Hear us, we beseech Thee, aud Thine he th»
praise, our God and our Father. Amen.
e
The Journal of the proceedings of yesterday was read and
approved.
,
LAWS OF PORTO RICO.
The SPEAKER laid before the House the following message
from the President of the United States, which w as read" and
ordered to be printed, and, with the accompanying document
(H. Doc. No. 933), referred to the Committee on Insular A ffairs:
T he W hite H ouse,
Washington, May 25, 1910.
S ir : A s required by section 19 of the act of Congress anproved April 12, 1900, entitled “An act tenijiorarily to provide
revenues and a civil government for Porto Rico, and for other
purposes,” I have the honor to transmit herewith a copv of the
journal of the executive council of Porto Rico for the session
beginning January 10 and ending March 10, 1910.
Very respectfully,
The S peaker of the H ouse of R epresentatives. 11 TaFT‘
RETIREMENT OF CIVIL-SERVICE EMPLOYEES.
Mr. GOULDEN. Mr. Speaker, on March 11, 1910, it Was mv
privilege to introduce a bill in this House, No. 22776, providing
for the retirement of employees In the civil service.’ To show
the interest iu this measure, upwards o f 5,000 copies have been
printed, and the demand continues. It is a straight pension
ranging from 30 to 75 per cent of the average salary received
during the live years previous to retirement. The latter ap
plies only to those having served thirty years or more, and
shall have attained the age of 65 years.
6924
Vfter years of study, I am convinced that a straight pension
is the only one that will prove successful and satisfactory.
Tlie charge that it would add enormously to the expenses of
the Government is not well founded. True, it probably will
add a few millions to the budget; but, on the other hand, aside
from the humane side of the question, must greatly improve
the efficiency of the service and reduce the present number of
the employees. Those well informed claim that it will save
fully 10 per cent in the army of clerks and employees of. the
National Government. It is a serious problem and one that I
admit is difficult of solution. So serious has the matter become
that the press of Washington report that at the Cabinet meet
ing held on the 24th instant it was taken up for consideration
as an important question.
The various large corporations of the country have estab
lished a pension for superannuated employees. It works well
and is saving the railroads and the other corporations money,
besides attracting a better class of men. Can the Government
afford to put off doing justice to this most deserving class of
men and women? In my judgment, it is time for action.
I ask unanimous consent to insert in the Record an editorial
from the New York American of May 21 on this subject, and the
views of Maj. Gen. F. C. Ainsworth, Adjutant-General of the
United States Army, recently given before the Committee on
Reform in the Civil Service of the House of Representatives:
PENSIONS FOR OLD CIVIL SERVANTS.
Congressman J oseph A. Goulden, of this city, has introduced a bill
that provides for the retirement with suitable com p eim tioi^ ll em
ployees of the national civil service who have served foi twenty yeais
0F Th^ large business concerns and railroads of the country a^e taking
steps in this direction, and it seems reasonable that the General Govern
ment should not fall behind the “ soulless corporations in considera111The0rbmeauTatalVVas^ingtoTare^full of old men whose part In the
public so^ice has degenerated to a sinecure, but whom the department
chiefs have not the heart to turn into the street..
„
„ ,
,
Unquestionably the efficiency of the service requires the elimination of
sneh sinecures and an infusion of young blood.
Young men of ambition will not go into the public service without a
prospect for a continuing livelihood. And with salaries at their present
fevel a retirement provision for those who have continued for a long
period and done well seems to be the natural complement of our system
of public employment.
STATEMENT OF GENERAL AINSWORTH.
The superannuation of employees in the civil service is a subject to
which I have been compelled, to give much thought for many years
over seventeen—by reason of having been continuously m charge of a
yery large number of civilian employees of the War Department during
that period The problems arising in connection with that subject are
very difficult, and, while I think I have thus far been able to solve
them in my own bureau in accordance with the best interest of the
public service, if not entirely to my own satisfaction, I regret to say
that I have been unable to formulate a general plan which, if authori
tatively adopted for the whole civil service, is at all likely to be enforcedAn such a way as to materially change existing conditions.
TtAoes without saying that whenever an employee of the civil estab
lishment by reason of age or any other cause, becomes unable to render
a reasonable return in service for the salary paid him it is the plain
dutv of his bureau chief and the head of his department to cause his
reduction in grade or his discharge from service. But it is difficult to
bring one’s self to recommend or order the reduction or dismissal in his
old age of an employee who has rendered many years of faithful and
efficient service, who probably has no means of support other than his
salary and with whom no fault can be found other than that he has
become worn out In the public service. In such a case sentimental
considerations usually prevail, the call of duty is neglected, and the
old employee retains his position, virtually as a pensioner while the
duties which he should perform are neglected or are discharged by
another, often at an inadequate compensation.
POLITICAL PRES SURE.
In addition to all this, whenever an attempt is made to reduce or
discharge an employee who has become useless or unfit for service by
reason of age or any other cause, it is almost invariably the case that
more or less political and social pressure is brought to hear in his be
half upon the chief of his bureau and the head of his department.
The exercise of such influence is especially to be looked for in the cases
of those young or old, whose record of service is indifferent or bad.
As a rule, to which there are but few exceptions, the value of an em
ployee bears an inverse ratio to the political and social support which
he brings to bear in his own interest. It is at best difficult to bring
about the discharge of a worthless, inefficient, unfaithful, or insubordi
nate employee, and it is equally difficult after his discharge to resist
the importunities of his friends and supporters for his reinstatement.
In the absence of some measure of relief, it is the inevitable result
nf nermanence of tenure of office in the civil as well as in the military
Mtahli^hment that there shall he an accumulation of superannuated or
otherwise incondetent officials. The truth of this statement is well
illustrated by the condition which existed in the Army of the Un ted
States for many years prior to the civil war There being no retired
list at that time, officers were, as a rule, retained on the active list
until they died. The result of this was that the army, especially in
the higher grades, was burdened with a large number of disabled or
superannuated officers, some of them rendering no actual service for
many years, and all of whom held the grades and received the salaries
which should have been held and received by junior officers who actually
performed the duties of these grades. At the. beginning of the civil
war Congress enacted a retirement law, and this relieved the army of
the incubus which It had borne so long.
. . .
...
.
A similar state of affairs exists in the civil service to-day, although
of course the evil has not yet attained, and possibly may never attain,
verv dangerous proportions. But, disguise the situation as we may,
the fact remai&i' that, so long as any employees of the civil establish
M ay 2 o
CONGRESSIONAL RECORD—HOUSE.
ment are retained on the pay rolls beyond the period of their ability
render a fair return in service for the salaries paid them, to th a t ext,.'®
a civil pension list or civil retired list, although not a large one
,
perhaps a comparatively unimportant one at the present time, is in 4
Fstence to-day and w ill continue to exist until the situation is m aterial j
ChADretired lis? o r ^ p e n s lo n list Is the natural outgrowth of a syst
which assures comparative permanence of tenure of position to peis<>rz
employed in either the m ilitary or civil service of any government, f t
though the United States has made provision for the retirement of lt‘s
m ilitary officers and enlisted men ami for the pensioning of officers a, ?
men not entitled to retirement, there is no probability.that: it.w ill fo ijjj
pYJimnlc of anv foreign government, at least in the near future
estabfisbdng a civfl pension list, notwithstanding the fa ct that
good reasons for the establishm ent of such a list can he adduced (,»
fhAt-n
01*0 In fflVfir Of it.
thA ere«redairist1for'‘the a°rmy’was first established bv the act appPOv
August.3,
for me
the tetter
of the
August 3, 18.61,
lbb l, ‘‘ Providing;
providing ior
ucuci orgamzation
i
establishment.” Prior to that date officers held their positions i,»r>
tenure which differed in no respect from that by which employees hi
civil service hold theirs to-day. No officer had a life tenure of la1b
mission, and every officer was subject to dismissal at.any moment
the appointing power. When officers became disabled by leason of „A
disease or wounds, they had no legal right whatever to be retained?;
service, and if they escaped dismissal they did so by reason of the Co3
nassion and forbearance of the Executive.
.
, ,
P That is precisely the situation in the civil service to-day, and tu
causes which led to the establishment of a retired list for the arin-, ’
1861 are almost all operative to a greater or less extent in the q J
service at the present time. It is true that in the course of many
l
nrior to the creation of the retired list it became a sort of unwrlttij
Faw that officers of the army, unless dismissed for cause, should lJ(, a
taffied m
in service until
it is equally
true athat
nf Kuril
lam — r<‘tameu
v*__ , they died, andf^rmnHnn
Mvil service
Entrance to the civil service being guarded so that >
nolnf-ments therein can not he made in furtherance of personal or
Fcal interests theFe is no pressure from the outside to create v a c a n t
in the service and superannuated or disabled employees are no l0n. £
«ow ded out merely to make room for political or personal f a v o r i t ^
rtT.n ARMY.
ATVMY.
AS ...
IN mm,
THE OLD
The same conditions, only carried to a greater extent, existed |a 6*
oid army and I have
wm
-----VVO.O oncfmanifested,
vuvv
is now manifested in some qua^ k
,and,'^indeed,
i t* +
agB u ttthe world moves'and there is a constantly increasing disp0sit,
in all progressive countries to make provision for the care and main
nance Ff the wora-out or disabled servants, not only of the State V :
5 u?AJ5®Q+ntes esneciallv who will venture to predict that a clv iQ^ *
S o n ! W J d W K t a country is not a possibility, or even™1 **ftbAnd’ why Should ‘n n y^ f iFs^hudder at the mere mention of a ,.iMl
service?
I am "free to confess that I am convinced that, leaving A
efalthC
provSSS
or atontaSS^ltR ro^ th“
interest of
thee0 GOTwnmentTj
Governmentto make
maae.^
lon ’fligt
s S e footing a fth a t of superannuated officers and enlisted men 6f ^
army and navy.
or navT officer is a valuable life net..
dl*
F^^o^hls'dutiestaiul^f
of thebcharacter^'f
discharge
of his dut es ana or Ws^maFntrnan?eb
»
^ very heaviest
bouds for °‘ ^
£ 5 1 1 ? ofkV’ E S ' o f t o
s ett 1. Otter occupations
BeT?n’t theecivll°employee enters the service with no such assurance a* ,a
a 1,?future and the Government has no such guaranty of good behaviJS
m I t v on his part. Dismissal has no terrors for t Z
and
Lsen
sentt iossPof
a losstowhich
he knows
u
beyond
th a to fth ep re
mss o his salary,
aJvenues
all other
ermli*
mnn/wTll he barred’to hlm T o m ltter how long or how f a i t h ^ A
S h lS
In t t . pibB? service. He l « w s that n ,,n ‘ Sffi.J*
S e 'e q S tS S T a l w y
SeTndIed I helPeve that comparatively few of the young men now enter.
!nJ th l civil service do so with the definite intention of remain^
Ihfreta nemanently but that most of them accept .their appoint,,,1*
therein
^
defined purpose of relinquishing them 5
“r, UAIo secured satisfactory empioymem; in yiivaie uusiness
course t hi sVfn tent ion i s&no t a1way s realised; but the fact r e m a in s ^
mrmv ’of the best men abandon the service after a few years for th*
mfrnose of
en"agingj, in private
business
which on.ee
offers them
mirnnse
engaging
ousmess w
mem better
ueuet pro*.
purpose
orthe
enga^
i
pUZ SfAP°
future This
almost nover
nover occurs
occurs among
among officers
officers oof thl
Prmv oF navy and ft would occur very infrequently in the civil J ry *J
?f The inducements to remain therein were anywhere nearly as great at
that which fs offered by the military and naval services.
U
SnOELD HAVE BEST EMPLOYEES.
It goes without saying that the Government ought to, have the ve™
best men in all branches of its service, J>ut it Is ainicult to get sut{
men in the civil service, and more difficult still to keep them, became
thP ability which makes them valuable in the public service is sut**#
fm u ? h more generous reward in private employment But the Gover2
ment has no difficulty in keping its army and navy filled with offle^
of the very highest intellectual and moral worth, men with quallfi,4.
1910.
CONGRESSIONAL RECORD— SENATE.
6955
Value of 10 bushels of flaxseed in March, 1910, and in March, 1896, when Value of to pounds of dairy butter in March, 1910, and in March 1896
measured by the wholesale prices of the following staple articles.
article™*™"™*1 bV tke whole8ale prices of the following staple
Unit.
Article.
Pounds...
Gallons...
Pounds__
Barrels__
Pounds...
Pounds. . .
Yards.......
.................................... Yards.......
Coffee: Rio No. 7 ....
...................................
Molasses: New Orleans, open kettle...............................
Kice: Domestic, choice.....................................................
oalt: American. _
.............................
Sugar: Granulated.............................................................
lea: Formosa, fine............................................................
Carpets: Ingrain . . .
Yards.......
.......................... Yards.......
Yards.......
Yards.......
Pairs.........
Yards.......
Coal: Anthracite stove.............. !.
....................... Bushels...
coal: Bituminous, Georges Creek (N. Y. Harbor)......... Bushels...
Petroleum: Refined 150° w. w ......................................... Gallons...
"arb wire: Galvanized...................................................... Pounds. . .
Nails: Wire, 8-penny......................................................... Pounds...
"nek: Common, domestic...........................
Bricks---cement: Portland, domestic.............
Barrels—
cime: Common...................
Barrels—
P.ak: White, plain..............................................
8 hingles: Cypress.....................................
M..............
Spruce..
.................................................... Feet .
_____
kneelings: Bleached, 10/4 Pepperell
1910,
1896,
March. March.
243
57
385
24
450
89
17
40
238
306
76
276
214
o8
16
121
200
182
920
1,159
3,575
15
20
390
5.5
858
66
26
172
12
185
137
9
21
136
172
49
160
120
63
11
69
97
80
453
295
1,609
<i
9
244
3.5
621
Article.
Coffee, Rio, No. 7........................................................
Molasses, New Orleans, open kettle..........................
Rice, domestic, choice...............................................
Salt, American............................................................
Sugar, granulated.......................................................
Tea, Formosa, fine......................................................
Carpets, Brussels.........................................................
Carpets, ingrain..........................................................
Cotton flannel, 2} yards to the pound......................
Gingham: Amoskeag.................................................
Sheetings: Bleached 10/4 Pepperell..........................
Sheetings: Brown 4/4 Pepperell...............................
Shirtings: Bleached 4/4 Fruit of the Loom.............
Shoes: Men’s vici kid, Goodyear welt......................
Suitings: Clay worsted diagonal, 12-ounce..............
Coal: Anthracite, stove..............................................
Coal: Bituminous, Georges Creek (N. Y. Harbor ).
Petroleum: Refined 150° w. w..................................
Barbwire: Galvanized.............................................. .
Nails: Wire, 8-penny...................................................
Brick: Common domestic......................................... .
Cement: Portland, domestic......................................
Lime: Common............................................................
Oak: White, plain.......................................................
Shingles: Cypress.........................................................
Spruce...........................................................................
U nit.
P o u n d s...
G allo n s...
P o u n d s...
Barrels___
P o u n d s.. .
P o u n d s...
Yards........
Yards........
Yards........
Yards........
Yards........
Yards........
Y ards........
Pairs.........
Yards........
B u sh els...
B u sh els...
G a llo n s...
P o u n d s...
P o u n d s...
B r ic k s ....
Barrels___
Barrels___
F eet..........
M............
F eet..........
1910
March. March.
70
16
29
12
112
77
5
82
15
4
9
60
77
7
130
25
5
11
69
89
22
80
62
02
4
35
58
53
267
336
1,038
P
113
1.6
249
22
72
53
61
5
31
43
36
203
132
720
1.9
4
1.9
1.5
277
aWith $1.03 remaining.
6 With $1.71 remaining.
Value
of
a
case
of
eggs
(S
O
dozen)
in
M
arch, 1910, and in March 1896
when measuredd by the wholesale prices
of the following 'staple
* a?“® of a 1,200-pound choice to extra steer in M
arch. 1910, and in March, articles.
J
B
y
P
>
w
hen
m
easu
red,
by
the
w
holesale
prices
of
the
follow
ing
staple
articles.
° With $0.65 remaining.
6 With $2.10 remaining.
Article.
poflee: Rio£No. 7......................................................
Unit.
Pounds...
Article.
Unit.
Coffee: Rio, No. 7..................- — ........
Molasses: New Orleans, open kettle...
Rice: Domestic, choice.........................
Step '
-an......................................
ulated.................................
a, fine................................
sels.....................................
tin..................................- •
*1: 2} yards to the pound.
noskeag............................
eached 10/4 Pepperell . ..
-own 4/4 Pepperell
B H B m H h HH
ached 4/4 Fruit of the Loom....................
vici kid, Goodyear welt
Worsted Diagonal, 12-ounce..........
iiracite, stove............................................
uninous, Georges Creek (N. Y. Harbor)
a: Refined 150° w. w ................................
re: Galvanized..........................................
ire, 8-p en n y............................................
mmon, domestic......................................
Portland, domestic...................................
mmon.........................................................
ite, plain.......................... .........................
Cypress......................................................
Gallons.
Pounds.
Barrels..
Pounds.
Pounds.
Y ards...
Y a rd s.. .
Y a n is .. .
Y a n is .. .
Y a r d s.. .
Y a rd s.. .
Y ards. . .
P a ir s ....
Y a rd s.. .
Bushels..
Bushels..
Gallons..
Pounds..
Pounds..
B rick s...
Barrels...
Barrels...
F e e t.. . .
1910.
1896
March. March.
383
1,115
■<it
iranulated.......
B r u s s e ls ......
to the poun
Men':
fv .li111?5- L,uy worsteu Uiagonai, 12-ounce.............
Anthracite stone................................
."'luminous, Georges Creek (N. Y. Harbor).
Petroleum: Refined 150° w. w ............................
Non V / e: Galvanized................................................
nfr
^ ire, 8-penny................................................
r w k: Common, domestic.........................................
t iv!ent: 1’ortland, domestic......................
Dime; Common.............................................
Gak,’ white:
Plain..........................
mr,
"‘“ re: riam
Shingles: Cypress
Value
Yards__
Bushels..
Bushels..
Gallons..
Pounds..
Pounds..
Bricks__
Barrels...
Barrels...
Feet........
M............
Feet........
75
555
917
836
4,218
5.312
16,390
08
04
American.........................................
Granulated...................................
Formosa, fine..................................
Brusseis....................................
Ingrain.....................................
^ngh“ m“ A m 4 ^ rd3t°
P0" - 1
8heeti
’
Pepperell...
"“•runes: ------^
the Loom.
vici_______
kid, Goodyear
welt.
I fe i? *‘on’s
™ .......
.....................
r w i.P 'C la y worsted diagonal, 12-ounce
c Z : Anthracite stove...............................................
Petr^i “ uminous, Georges Creek (N. Y. Harbor).
S
Refined 150° w. w ..... .. ' ................... ..
-
Ceiripri .Common domestic............................................
Llm»” r Portland, domestic.....................................
"'me: Common........
Shin’ ^Wle: Plain........i l l .........................................
8 S j « : cypress............ I::::::::::::::;::::::::
M............
Feet..........
1896
87
27
138
72
5
77
14
3
9
57
72
20
8
162
32
6
14
85
110
27
99
77
o2
5
43
71
65
330
416
1,285
5
7
140
2.0
308
11
20
67
50
H
4
29
40
33
190
124
676
1
102
1.4
261
. With $2.61 remaining.
* with $1.47 rem ^ I^ T
ors w ill notice that I have taken the principal"article*
ced by the farmer and measured their value by the p r ic e s
staple articles required by him.
y
p ces
American people are to be congratulated upon their
ng economic system under which our present fortunate
ion, as compared with that of any other nation in the
, has been attained.
Article.
Pounds...
Gallons...
Pounds...
Barrels__
Pounds...
Pounds...
Yards.......
Yards.......
Yards.......
Yards.......
Yards.......
Yards.......
Yards.......
Pairs.........
Yards.......
Bushels...
Bushels...
Gallons...
Pounds...
Pounds...
Bricks___
Barrels__
Barrels__
Feet.........
M............
F eet........
1,786
25
3,931
of a SOO-poundhog in March, 1910. and in March, 1896, when
wed by the wholesale prices of the following staple articles
£°ffee: Ri0, No. 7..................................
l>?lass®s: New Orleans, open kettle...
r
domestic, choice.........................
Pounds.
1910
March. Marcn.
COURT OF COMMERCE, ETC.
361
86
ELKINS. I move that the Senate proceed to the contion of Senate bill <>737, the unfinished business
motion was agreed to. and the Senate, as in Committee
Whole, resumed the consideration of the bill (S 6737)
te a court of commerce and to amend the act entitled
t to regulate commerce,” approved February 4. 1887 ns
>re amended, and for other pur post's.
’
’ s
-OLL1VKK. Mr. President, I desire to offer an amend
come in after section 11 of the bill.
amendICB-PRESIDENT. The Secretary w ill read the amend-
572
36
669
132
26
60
353
454
113
410
318
12
24
180
297
271
1,366
1,721
5,307
rf&t
jr
22
30
579
. That for the purpose of this act the follow ing words nnd
jail be deemed to have the meaning specified in this section •
shall mean any share or shares of capitul stock in any such
n, whether common, preferred, or otherwise classified
J
8
1,273
I
OLLIVER. I would be very glad to have the atten
he Senate to the reading of the amendment.
ICE-PRESIDENT. The Senate will please be in order
ccbetaby .
After section 11 of the bill insert the follow ’
>ns:
V
CONGRESSIONAL RECORD—SENATE.
,,
,
indebtedness” shall mean any bonds, dehentn r e f c S n l ° n o t e S o f other cYidenees of indebtedness payable at any
M ay 2;
nay for securing the sale of any shares of stock, and at what, if -
d isco u n t it is proposed to sell any such shares.
,
Skc 19. That the Interstate Commerce Commission shall therein,
inquire fully into the matter, taking such testimony as it may ltj '‘b
tUT h f t e 4 ^
stock and CTl<30nCCS °f ln' needful and giving all parties interested a full opportunity to l><. h,,
As soon as practicable the commission shall render a decision ns ,
whether the proposed issue of securities is in conformity to thl.
Such decision shall be in writing, shall assign the reason therefor, * , i
shall specify the respective amounts of stock or evidences of flJn'N
indebtedness which arc authorized to issue foi the respective pui-|„ *
to which the same or the proceeds thereof arc to
in
+v»nf ciifh i«sue mav conform to the requirements of this act.
In aetua? va*uf, equal in amount to at least the par value of, such ‘ rec ^O That for tte purpose of better fulfilling the duties lmD_ ,
sto
That it shall be lawful for such corporation to pay a unon it by law under this act or under any other act, the I n t e $ ! ^
Commission to any person, if necessary as a consideration to his sub- Commerce Commission may make a determination of the actngf
scHbtaf or agreeing to subscribe for any shares or procuring or; « r e e l» f tangible and physical value of the property of any transportation ?J*oUnromire subscriptions for any shares, but no such commission shall nanv subject to this act; and for this purpose it shall have poVV(.,."
l " paifl unless”expressly authorized by the Interstate Commerce Commls- require from such company a report setting forth, in such detail as o'*
«
m’on as necessary and in the public interest.
_ commission may prescribe, the cost and value of its property;
Svr 14 That no such corporation shall issue any evidences of fund
S
5 shall employ expert engineers and accountants to ex.i
indebtedness which shall have a date of maturity exceeding fifty years r ta cmeii s in such application, or to examine the property a, ,"
from date of issue, or which shall bear interest at a rate exceeding 6 counts ofsuch corporation; and it shall be the duty of such compa ’ *£
ncr cent nor annum. And in no case shall such a corporation sell its furnish such engineers and accountants full access to the property "an2
evidences1of funded indebtedness at a discount such that, taking into
accounts of the company bearing on such cost and value.
J an1
consideration the rate of interest and the date of maturity thereof, the
21 That every annual or periodical balance sheet of nnv
which shall hereafter, in accordance with law, be filed " 3
net return to the investor thereon shall exceed 1 per cent per annum.
The amount of such evidences of indebtedness which may hereafter be the Intestate Commerce Commission, shall distinguish securities iSs, h
issued by any corporation shall not, together with evidences of fund
under the provisions of this act from securities previously' issued, ■
indebtedness previously issued, at any time exceed, in all, the eapita shall indicate as to each class of securities issued under the tern,, “ J
?h?s act the amount issued for cash, the amount of premiums or of a.?
stock of the corporation actually paid in at the time:
,
rrrr That any such corporation which at the time of the passage of Jmmt if anv thereon, the amount of commission if any, allow,.,| *'
th is'act shall have evidences of funded indebtedness outstanding in sabs of stock and the amount issued in exchange for property ana £*
excess of its capital stock may refund any part of such funded indebted securities respectively. The Interstate Commerce Commission shall nV*
S e such forms of accounts to such corporations and require
ness in the future by issuing not to exceed an equal amount of evidence
?hem reDorts in such form as will disclose clearly the disposition of
of funded indebtedness.
Sec. 15. That no such corporation shall issue any stoek or^evidences euri+ips issued under the terms of this act and the application of n*'
of funded indebtedness, nor apply the proceeds thereof, except ior me nroee^s the reef Every company subject to the provisions o f ' , «
Se? stinll in its annual balance sheets, or other balance sheets C '*
following purposes, to w it:
. , .
snhmftted to the Interstate Commerce Commission, d i s t i n c t
First. For the acquisition or construction of Pr°Pfrt£
r
of
the operation of its business:
That w tere any serarities
such corporation are issued for the purpose of
ransn0rtathe expenses of the construction of any permanent Une for transpom
^-Provided,
f
Provided
ttZ.
Provided,
su rp lu s earn^gs of' the company whose property or securities are’ ,°c!
U%f\nteXte Commerce C o m m S n T s 6 n S l r ^ r ^ pur^se
of onabliSg such conriruction to be made, and the Interstate Commerce
qUtirpp‘ 22 That if any corporation subject to this act shall issi,p
wWhn.it the approval of the Interstate Commerce Comm s s i^
aa’^reli^Dri)videdj raS?securities shall be .illegal, fraudulent, a n f f l .
?nd nnv offiebl of any such corporation signing or directing the
nf such illegal securities, or any official of such corporation directiul
?he anplication of the proceeds of the sale of any securities herS f
anv other purpose except that for which the same wel0
l,eSecond.PFor the improvement of the property employed in such nnthorized to
shnli he deemed guilty of a misdemeanor, and shall he
i^ t u ^ n conririion in a court of the United States of competent
01>ThU-d.n For the refunding, whether by the issue of evidences of funded dkdon to a fine of not less than $5,000 nor more than $20,000
imiohiofino«;s or hv the issue of stock of the evidences of funded in f E o n m c n t for a term not exceeding three years.
»«><i
debtedness of the corporation previously issued:
That in no
case shall the amount of securities outstanding be increased by such
Vr., nOLLIVER. Mr. President, It 18 noUUMJI
Commission shall determine for what period of time interest may be paid
In
is manner, and such period shall in no case extend beyond the
close of the half year during which the construction shall have actually
Frovidcd,
occupy very many minutes of tlie Senate’s attention a t u f f N
stage in this controversy. I have less strength to sjieak than
S m a te
patience to lislea,and^the.two things ,»kco £
e-otii^T will greatly abridge what I have to say.
iVegret
very
much that the most important subjects wi,h
Provided,
U
T original committee bill attempted to deal have 1*4
S J L to l e Z s h e i overboard in the stress and stonn
Psion which has taken place here in the last few month*
f! aXd
roonire a very wise man to perceive that there
0 f F S h T t a “ S « S S « ' l e g a l l y organized for the purpose of hold- wereTtwo questions involved in this bill, overshadowing s,ij
In - t i e securities of other corporations subject to this act shall hereothers in such a measure as to make themselves characteristic
a line paiauei (
holds securities; nor shall any such hold- of th3 hill Both of them represent old contentions of the raU
corporation in which1
>so ho
securities of any corporation w a v world: both of them attempted to give legality tp practice,
whose°Vines ‘a°re n ^ dir^tly*connected with those of some other cor- now more or less under susplcion-the practice of making
provisions of this act traffic agreements, which has encountered more than one a£
verS decision of our Supreme Court, and the practice of ,,on.
o ? sh \Pf purchase
solidating competing railway lines which has already more
S
at a rate or price in excess of the true than once engaged the attention of the Department of Justh^
once
in a suit
-h .11 U
llv-Vv in the case of the New
T England railways
All n AAAnnf
fl which
.. ^
has been dismissed, as I understand, 011 account of iu.tl(
notion
1
taken
by
the
legislature
of
Massachusetts;
and
the
other
i„
S L S h bLthorized and no such corporation shall apply the proceeds
a
of
such stock or evidences of funded indebtedness to any other suit against the Southern Pacific Railway, seeking to diss,,]v„
ot any buui o
which they were authorized.
a
combination
with
the
Central
and
Union
Pacific
and
oilier
PU^rr 18 That before any corporation subject to this act shall issue
Stc. 18. 1M
ai ue
kJe application therefor to the Interstate Com- lines commonly known as the Harriman system.
any se‘j"r*
®1 Su^h application shall show the amount and charFor a great many years the railways have sought to legally
me.
the ieci?rlties which it proposes to issue, the purpose for which these traffic agreements and to escape the legal condemnation
? ftel
«fre to he tewed or to which the proceeds thereof are to be
th e. ? i n n M
for such issue; it shall state whether It is w h ic h -attaches to the consolidation of competing roads. p„,n.
applied, and the■neces8“ ym* in exchange for cash or for property or of these subjects were in this b ill; and, in my judgment, it was
proposed to issue t
s a ^ are t0 pe isfme<i in exchange for existing
the duty of the Senate to amend the bill in line with a somili
8Crai ^ Sn’r securities or if the proceeds thereof are to be applied to the public policy rather than to abandon altogether the section,
property 01 seem tie ,
t 1 or securities, the report shall contain
r
i
the location and character of such property, or involved, simply because they were not so drawn as to stand
f"11 ,V’f'V AV. »n l character of the property represented by such securi- the fire of criticism in this Chamber.
t es together with satisfactory evidence as to the actual, tangible, and
I?had occasion the other day to say that section 7 ought to
nhvsicaV value thereof, and shall show, in case the property is that of
a no*listing corn, iny or in the case of the securities of an existing com- have remained in the bill with the amendment offered by ,|i(,
Sanv what Mrt of the value of such property or securities is repre Senator from South Dakota [Mr. Crawford | and the additional
sented by the investment of surplus earnings of such company subse amendment offered by my colleague [Mr. Cummins ] for the
quent to the passage of this a c t; and if such securities are io be issued
in exchange for or if the proceeds thereof are to he used for the con minority of the committee. With those two amendments sec-
1C Fourth Corporations themselves engaged in the actual operation of
transportation, may, subject to the limitations in section 6, Issue stock
or evidences of funded indebtedness in exchange for the securities of
other corporations owning or operating transportation, or may app y
proceeds of the sale of either stock or evidences of funded inrtebtedness to the purchase of such securities :
That no such
isV-n ohnii b^rpiftpr acouire or hold any of the securities of any
oth?rrco poratlon which operates I parallel o/competing line, nor shall
on f
corooration hereafter acquire any of the securities of any
otffercorporation whose lines are not directly connected with the lines
struction or acquisition of property not then existing, the report shall
contain a full description of such proposed construction or acquisition
together with reasonable evidence as to the probable cost
nc *!?
renort shall also state what, if any, rate of commission it is proposed to
1910.
CONGRESSIONAL RECORD— SENATE.
railroads, they can sell them out to avoid their responsibility
to the Government under the terms of the charter.
Mr. NEWLANDS. They can do it, if the State permits and
if the Nation permits, or if the State acquiesces and the Nation
acquiesces; but such a transaction, involving the mere transfer
of property from one artificial being created by national au
thority to another artificial being created by state authority
does not constitute a waiver upon the part of either sovereign
of its sovereign power. The sovereign power is the power to
regulate commerce, and the courts have held that that applies
not only to transportation itself but to all its instrum entalities;
and this artificial being is an instrumentality of commerce, in
niy judgment.
Mr. President, the Senator from Texas has insisted that capi
talization does not affect rates, and that therefore it can not
be contended that the National Government can control capital
ization as a means of affecting r a tes; that the value of the serv
ice is to be determined in every case, and that the rates de
pend upon the value of the service and not upon the extent
of the capitalization.
It is true that the rate depends upon the value o f the service.
But what has the Supreme Court held with reference to the
factors which must be considered in determining the value of
a service? The Supreme Court has held that there are various
things to be considered. In the Ames case, referred to by the
Senator from Wisconsin [Mr. L a F ollette], the court said:
W e hold th a t th e b asis of a ll c a lcu la tio n s a s to th e reason ab len ess
o f ra tes to be charged by a corporation m a in ta in in g a h igh w ay under
le g is la tiv e san ction m u st be th e fa ir v a lu e o f th e p rop erty being u sed
by it for th e con ven ience o f th e p ublic. A nd, in order to ascerta in the
valu e, th e origin al co st o f con stru ction , th e am ou n t expended in per
m an en t im p rovem en ts, th e am ou nt and m ark et valu e o f its bonds and
stock s, th e p resen t as com pared w ith th e o rigin al co st of con stru ction ,
th e probable ea rn in g ca p a city o f th e p rop erty under p articu lar ra tes
prescribed by sta tu te , and th e sum required to m eet op eratin g ex
penses are a ll m a tters for con sid eration , and are to be given such
w eig h t as m ay be ju s t and r ig h t in each case.
So the Supreme Court has determined that in determining
what a service is worth and in ascertaining the value of the
property which renders the service, we are to consider “ the
original cost of construction, the amount expended in perma
nent improvements, the amount and market value of its bonds
and stocks.” Thus speaks the Supreme Court, directly holding
that capitalization, “ the amount and market value of the
stocks and bonds,” issued by a common carrier are factors in
determining the value of a service, in determining the reason
ableness of rates.
Now, then, if the amount of stock and bonds is to be con
sidered in the calculation of the value of the service and the
determination of a rate, is it not essential that you should have
genuine stocks and genuine bonds, not false stocks and false
bonds; that you should have bonds and stocks for which money
has been received that has gone into the property, instead of
bonds and stocks representing water?
It seems to me clear, Mr. President, that even assuming that
the test of the constitutionality of this action is in connection
with the determination of the rates of interstate transporta
tion, the question of capitalization according to the decision of
the Supreme Court becomes a vital factor in that determina
tion, and a sovereign which has control of interstate commerce
and which is to protect the interests of the people against op
pression and spoliation should see to it that the capitalization
that enters as a factor into the calculation is an honest capi
talization, and not a false and watered capitalization.
Mr. President, there are certain Senators on this side who
contend that this provision is unconstitutional and that under
the conditions their obligations are to their oaths and to their
conscience, and not to their party. I admit that. I regret that
Senators should take so narrow a view of the Constitution, a
narrowness of view which seems to me is illustrated by this
contention, as well as the general opposition which seems to
prevail upon this side of the Chamber to my contention as to
our right and our duty to organize national corporations to
engage in interstate transportation, for if it be the view of the
Demeratic party that the Union of States lacks the power to
adequately meet the demands of the people in matters of
national scope and importance, the death knell of the Demo
cratic party, as a national party, w ill be sounded.
The people of the United States are not inclined to permit
themselves to be absorbed in studying refinements as to theConstitution. They wish great national constructive work to
be done. They wish great reforms inaugurated and pressed to
a solution. They find in the pathway of a successful solution
of a great many constructive, economic, and industrial prob
lems our dual form of government, admirable in many things
for the preservation of liberty, of pure democracy, and local
self-government, but involving, as Mr. Bryan said, that twilight
zone where those who are inclined to be predatory or law less
6971
in their character take refuge, as against both state and na
tional powers.
I he country wants to lim it the area of that tw ilight zone.
The people want to know what comes within state powers and
what comes within national powers, and they w ant the powers
of both sovereignties fully exercised in the interest of the peo
ple. To them the adequate and comprehensive action of the
Union of States under a clear grant of power means not cen
tralization, but unionization of power for the common good
The evils relating to interstate commerce particularly are
outside of the reach of the state governments There are
many lines of progressive action that can be taken in their
completeness only by the National Government. Should the
Democratic party declare that w hilst it has the disposition to
affect these requirements it is impotent under the Constitution
to accomplish them, it may hold its own as a local state party
but it will never assert itself as a national party.
c
I have nothing to say against any man’s convictions, or the
action of any man who acts ui>on his conscience and his obliga
tion, but I do say it is time for an educational process which
will relieve the Democratic party of many of the restraints
which tradition has imposed upon it, traditions, most of them
coming from that time when the Democratic party w as allied
to the protection of human slavery, and when the protection of
that institution required a jealous attitude toward the exercise
of national powers. During that period there grew up a view
of the restricted powers of the Nation not possessed by the
patriots of the Democratic party who antedated that period
Our aim should be to escape these traditions and make this
party the real Democratic party, the party of the people in
national as well as in state affairs, and not simply assert that our
powers can be exercised only in state legislation with reference to
matters which are becoming more and more national every day
as the facilities of commerce and of transportation are increased
Let me tell my friends in this body who belong to the same
party that whilst this sentiment of restricted power in the
Nation seems quite universal here, it does not exist to the same
degree in the Democracy,of the country. We must win the North
ern and the Western States, and in order to win them we must
not only be right in our views of public policy, but we must
take the position that we have the jiower, acting as a national
party, to accomplish the things that the people want. If we
are to succeed nationally we must act nationally, and not put
the Nation in a strait-jacket.
The aspiration of the American people was represented bv
an almost Identical declaration in both platforms. The people
of the country are practically unanimous, as expressed through
their national conventions, in favor of the control of stock and
bond issues of railroads engaged in interstate commerce whether
operated by national corporations or state corporations
Let the Democratic party announce to the country that whilstit wishes to effect that reform, it is impotent to do it undlr the
Constitution, and the people will say to the Democratic nartv
“ w e no longer want you as a national servant ”
Mr. President, the next Democratic convention w ill make the
same declaration as that of our present platform, and I suggest
to the representatives of the Democratic party in Congress' t w
it will be wise for them to study this question of the national
power of reaching national evils seriously, and study the aue^
tlon as to how far the Democratic party can be made an agency
in these great reforms I would not expect any man to violate
his oath and violate his conscience, but it is to he hoped t in t
our party leaders in Congress will liberalize themselves anI
that they will cut loose from the traditions of the past ’from
the restriction of conditions no longer existing, and hail with 1ms
pitality the new light that is breaking upon the Democratic nartv
The PRESIDING OFFICER. The question is on the amend'
ment submitted by the Senator from Iowa [Mr. D olliverI mi
which the yeas and nays have been ordered. The Secretary
will call the roll.
y
The Secretary proceeded to call the roll.
Mr. JOHNSTON (when his name was called). On this voto
I am paired with the junior Senator from Michigan riu,.
S m it h ]. If he were present, lie would vote “ vea ” and r
should vote “ nay.”
Mr. CLAPP (when Mr. N elson’s name w as called)
I do
sire to state that my colleague [Mr. N elson] is unavoidably
detained on business of the Senate. H e is paired w ith the
junior Senator from Florida [Mr. F letcher],
Mr. RAYNER (when his name w as called). I am paired
with the junior Senator from Delaware [Mr. R ichardson] i
transfer that pair to the senior Senator from Virginia [Mr
D aniel ], and vote. I vote “ nay.”
Mr. DU PONT (when Mr. R ichardson’s name was called).
My colleague [Mr. R ichardson] is unavoidably absent. If be
were present and free to vote, he would vote “ nay.”
CONGRESSIONAL RECORD—SENATE.
'6972
Mr s m it h of South Carolina (when Mr. T il l m a n ’s name
WM^caUed) T h e senior Senator from South Carolina [Mr
T il l m a n ] is paired with the senior Senator from Vermont
[M r D il l in g h a m ] . A s both Senators are absent, I announce
their pair.
, , ,
rp>in rnl] nail WHS COHCltlu6<l.
.
Mr CLARKE of Arkansas (after having voted m the afflrmath<N’ Sir. P r e sid e n t, I desire to inquire if the senior Senator
fro m Rhode Island [Mr. A l d b ic h ] has voted?
T h e PRESIDING OFFICER. The Chair is informed that he
baM.-°CLARKE of Arkansas. Then I must withdraw my vote,
as I have a pair with that Senator.
Mr OWEN. I am paired with the Senator from Nevada
rMr Nixon]. If he were present, I should vote “ yea.”
Mr BACON. I am requested to announce that the Junior
Senator from Louisiana [Mr. F osteb] is necessarily absent
from the Chamber on public business, and that he is paired
with the senior Senator from North Dakota [Mr. McCumbeb].
Mr CLAY I was not present when my name was called,
and I will now state that I have a general pair with the junior
Senator from New York [Mr. Root]. If he were presen ,
SbMr.VoHNST()N. I desire to announce that the senior Sena
tor from Texas [Mr. C u l b e r so n ] is paired with _the junior
Senator from California [Mr. F l i n t ] , and the junior Senator
from Arkansas [Mr. D avis] is paired with the junior Senator
from Illinois [Mr. Lorimer].
_,
Mr. PERKINS. I desire to add to what the Senator from
Alabama [Mr. Johnston] has stated that my colleague [M .
F lintI is absent from the Senate upon official business.
Mr. PURCELL. I am requested by the Senator from Cali
fornia rMr Fltnt] and the Senator from Minnesota [Mr. Nel
s o n ] to announce that they are engaged in service on a committee
of the Senate, which accounts for their absence.
The result was announced—yeas 19, nays 47, as follows:
TEAS—19.
Beveridge
Borah
Bourne
Bristow
Brown
Burkett
Burton
Chamberlain
Clapp
Crawford
Cummins
Dixon
Dolliver
Gamble
Jones
May 27
States or an adjacent foreign country; and also to any common carrlc
engaged in the transportation of passengers or property by water f ,(
on? place in the Territory of Hawaii to another place In the same T,’"<
rltorv:^ P r o v id e d , h o w e v e r, That the provisions of this act slum „,c
■innlv to the transportation of passengers or piopeity 01 to tin- i(.
^delivering, storage, or handling of property wholly with In ,
Stoteand not shipped to or from a foreign country from or to any y
nr Territory as aforesaid, nor shall they apply to theUnnsmissb,,,
messages by telephone or telegraph wholly within one State ami „„
ufnsm itted to or from a foreign country from or to any State or T,
t0 “ The term ‘ common carrier * as used in this act shall include exm,
companies and sleeping-car companies, also telegraph and tehmi- U1B
.
companies. The term ^railroad
Trailroad ’ as used in this
tins act
acr shall
snail inclmb.
Include ,',’n
a ferries „used
cpA nr
n connection with any rain,..
brid'-es and
or nnernted
operated in
r a i l ,1
and also all the road in use by any corporation operating a rail,,.^,’whether owned or operated under a contract, agreement, or lease.
shall also include all switches, spurs, tracks, and terminal faciliti, s ,,f
every kind used or necessary- in the transportation of the persons
nroDorty designated herein, and also all freight depots, yards.
grounds used or necessary in the transportation or delivery of any „f
said property; and the term ‘ transportation shaH include cars an,i
ntiier vehicles and all instrumentalities and facilities of shipment
carrfage, irrespective of ownership or of any contract express or imr
niie^i for the use thereof and all services in connection with the recem,
^ ir c r v clevation imd transfer in transit, ventilation, refrig,ra(Q
or'icing,’ storage, and handling of property transported; and it shall
the duty of every carrier subject to the provisions of this act to prl)V|,|0
™d furnish such transportation upon reasonable request therefor. Hn<i
estaU sh through routes and just and reasonable rates a p p i i , , ]
hereto- and to provide reasonable facilities for operating such thr,m^
mutes and to exchange, interchange, and return cars used therein, a■, 1
^
reasonable rul?s and regulations with respect thereto and
of such through routes, and providing for reasonable
«Perat on of suen t
« thereto for the use of, injury to destrucj, "'
^ rT ss oVa°nf su?hncarc on the line of any carrier operating a par(
nr,
(\
,,‘ne
%
SU“ARhchafger'm ade^ortny service rendered or to he rendered In tlm
tra n sp o rta tio n o^^Msengers or proper^ aiffi^fojr jneconnecttcm'therA
S M
S S Tmay
hP
f f i Ss„Ss,‘
in determining what ®I?io.JLnh andStelephone
lines,
classify
mi; Si0“
l ^ r a t e for night than for day messages, and
what fs”
as*•pfess dlspatche?,’ and for newspaper service than
^ “ A ndu T s^ erchy made the duty of all common carriers subject to
La Follette
New lands
Purcell
Stone
PS p n t i ' n n r r c e g or tariffs the issuance, form, and substance"!
Gckftf receipts and bills of lading, the manner and method of ,,rp*
s
making packing, and delivering property for transportation
NAYS—47.
in^fnciliHes for’transportation, the carrying of personal, sample. „n(j
Shively
the
fac'1
Q
1
„„as„p n m l nil other matters relating to or connected with t u
Lodge
Depew
Bacon
Simmons
r p p p f v i h a n d 1in" transporting, storing, and delivery of property * £
McEnery
Dick
Bailey
Smith, Md.
the
otov “ions of this act which may be necessary or convenient
Martin
du
Pont
Bradley
ject to the pioviMou
mpt reCeipt, handling, transportation, and
Smith, S. C.
Money
Elkins
to secure tte safe
thc pr£visioIls 0f this act upon just and
Brandegee
Smoot
Oliver
Frazier
delivery
of
propeily uhjett to^
i
unreasonaWe classification
Briggs
Stephenson
Overman
reasonable
te
r
m
s,^
n
a
.e
te
iy
^m ^ ^
declared to
t0 be
unlawful. ’ P?‘
Frye
Burnham
reasonaDie ten s,
prohibited
and aeciareu
oe umawiui.
Sutherland
Page
Gallinger
uiation,
an^
practice
s
I
t
to
the
provisions
of this act shall, aft*.
Burrows
Taylor
Paynter
Guggenheim
“
No
common
^ai
i
ier
subaect
,
or
give
any lnt’rn,‘. ’J
Carter
Warner
Percy
Hale
Clark, Wyo.
Warren
»
e ' ttee^’p a s s o r free transportation for passengers, except *
Perkins
Heyburn
Crane
Wetmore
L ee^ ^ ev’cPs and their famines,
families, us
its. ouilcio
officers,, agents om^nus,
surgeons, phJ ?
Piles
Hughes
Cullom
us emB ^ " 7 t ““ pvr at law: to ministers of religion, traveling .....
Rayner
Kean
Curtis
cians, aI1d„
a
Men’s Christian Associations, inmates of ho
NOT VOTING— 26.
tames o f raitroad You g e“eem0synary institutions, and person ,,
p ita s and cliaritaffie a n d . ^ ie ^
eieemosynary work;
work; to
to Ind
Root
Davis
Lorimer
P»a
Pl t rJ a^ 6 charitable and eleemosynary
indu., •,
Aldrich
Scott
Dillingham
McCumber
clusiyely enA a^e d o^Sg persons, and to su ch persons when tr a n sp o r t
Bankhead
Smith, Mich.
destitute,
a"dc“p,”
ti„s
orp
hospitals;
and
the
necessary
agents
em
)
Fletcher
Nelson
Bulkeley
Taliaferro
by c h a r it a b lc s o c ie t ie s o r
f the National Homes or s r t.
Flint
N^on
Clarke, Ark.
Tillman
Foster
Owen
i
^
f
f
o
V
K
e
d
Volunteer
Soldiers,
and
of
Soldiers’
and
Sailo^?
Clay
Gore
Penrose
including those about to enter and those returning home af. . P
Culberson
muff*, inciumng
care takers of live stock, poultry, milk.
Johnston
Richardson
Daniel
S u t ' P 1*4 f c * fruit “ t o ’employees'ony sleeping cars, express cars, and to lincm, n .]
S o Mr D olliver ’s a m en d m en t was rejected.
v •
fr;lU - r« empm
companies; to Railway Mail Service employee/
Mr DIXON. I offer the amendment which I send to the telegr^h and
R ^ cust0ms inspectors, and immigration inspc, to^I
agents, witnesses attending any w - |
desk, which was printed several days ago, and I ask that it may post-office iuspecto -,
™ \
un„
n°TheepRESIDING OFFICER. The amendment proposed by
tho Senator from Montana will be stated.
The S ecretary. It is proposed to add to the bill the following
as a new section:
„,
_ That section 1 of the act entitled “An act to regu ate com
merce'” approved February 4, 1887, as heretofore amended, is hereby
“° “
provisions0 of 'this act shall apply to any coro fn nr nnv Derson or persons engaged in the transportation of
EiT or other commodity, except water and except natural or artificial
oil 01
‘lLpo 0r oartlv by pipe lines and partly by railfm d b m-mnartly by pipe lines and partly by water,, and to telegraph,
i I d’.
pohle companies (whether wire or wireless) engaged in
leiephone, and cable rcupaugtat^ Territory> or District of the United
sending messages
n T® lt
or District of the United States,
ortato anv foiVgn country; whS shall he considered and held to be common°carriers within the meaning and purpose of this act, and to any
common carrier'or carriers engaged in the transportation of passengers
o? p“ operW wholly by railroad (or partly by railroad and partly by
water when both are used under a common control, management or
Arrangement for a continuous carriage or shipment), from one State,
Territory, or District of the United States to any other State, terri
tory, or District of the United States, or from one place In a Territory
or District to another place in the same Territory or District, or fiom
anv place in the United States to an adjacent foreign country, or from
anv place in the United States through a foreign country to any other
place in the United States, and also to the transportation in like man
ner of property shipped from any place in the I nited States to a for
eign country and carried from such place to a port of transshipment,
or shipped from a foreign country to any place in tlie United States
jind carried to such place from a port of entry either In the United
hecom^'di^abledn or infirm in the’servTce of any such common carri'e'r*
and The remains of a person killed in the employment of a carrier, and
a^ Pmninvees traveling for the purpose of entering the service of anv
S S r t S f t w h s l «W K J T g J iv s s :
than 8100 nor more than '$2,000. and any person, other tha
Lnr=™ cxcentcd in this provision, who uses any such interstate fr^
ticket free pass, or free transportation shall be subject to a like p om ,|£
Turisdlction of offenses under this pro-vision shall lie the same as that
nrovided for offenses in an act entitled ‘An act to further rcm.lat*
commerce with foreign nations and among the States, approved Feb.
ruarv 19 190.1, and any amendment thereof.
“ From and after Mav 1. 1908, it shall he unlawful for any railroad
oompaTT to transport from any State. Territory or the DUtrb ■ „f
rohimbia to any other State, Territory, or the District of Columbia
or to anv foreign country, any article or commodity, other than tlmhe?
and the'manufactured products thereof, manufactured, mined, or pro.
nured bv it. or under its authority, or which it may own in whole
in part or in which it may have any interest, direct or indirect,
t
1910.
CONGRESSIONAL RECORD— SENATE.
such articles or commodities as may be necessary and Intended for Its
use in tlie conduct of its business as a common carrier.
“Any common carrier subject to the provisions of th is act, upon
application of any lateral, branch line or railroad, or of any shipper
tendering interstate traffic for transportation, shall construct, maintain,
and operate upon reasonable terms a switch connection with any such
lateral, branch line of railroad, or private side track which may be
constructed to connect with its railroad, where such connection is rea
sonably practicable and can be put in with safety and w ill furnish
sufficient business to justify the construction and maintenance of the
sam e; and shall furnish cars for the movement o f such traffic to the
best of its ability w ithout discrimination in favor of or against any
such shipper. If any common carrier shall fail to install and operate
any such switch or connection as aforesaid, on application therefor in
w riting by any shipper or owner of such lateral, branch line of railroad,
such shipper or owner of such lateral, branch line of railroad may
make complaint to the commission, as provided in section 13 of this
act, and the commission shall hear and investigate the same and shall
determine as to the safety and practicability thereof and justification
and reasonable compensation therefor, and the commission may make
an order, as provided in section 15 of this act, directing the common
carrier to comply with the provisions of this section in accordance with
such order, and such order shall he enforced as hereinafter provided
for the enforcement of all other orders by the commission, other than
orders for the payment of money.”
Tlie PRESIDING OFFICER. The question is on the amend
ment submitted by the Senator from Montana.
Mr. DIXON. Mr. President, I hope the Senate will not be
come alarmed at the length of the amendment which has just
been read.
Mr. KEAN. We all are very much alarmed at it, and think
we ought to have a vote on it at once.
The PRESIDING OFFICER. The Senator from New Jersey
will address the Chair.
Mr. DIXON. I have no doubt the Senator from New Jersey
may be somewhat alarmed in view of what I hope may be the
vote on the amendment.
I want to say in explanation of the amendment that it is
simply the provision of the bill which the House has already
passed. It merely amends section 1 of the Hepburn interstatecommerce act by adding telegraph and interstate telephone
lines. That is all there is to the amendment. It was reported,
ns I understand, unanimously by the House committee and was
accepted by the House. It is hardly an Innovation. It only
changes the present law by inserting the telegraph and tele
phone lines and putting them under the jurisdiction of the
commission. In view of the fact that four years ago we put
under the control of the Interstate Commerce Commission the
express companies, the sleeping-car companies, and the oil
Pipe-line companies, the interstate telegraph and telephone com
panies are about the only remaining public-service corporations
engaged in interstate commerce that are not under the control
of the Interstate Commerce Commission. I hope the chairman
of the committee w ill accept this amendment without even a
roll call.
Mr. BACON. Mr. President-----The PRESIDING OFFICER. Does the Senator from Mon
tana yield to the Senator from Georgia?
Mr. DIXON. Gladly.
Mr. BACON. I should like to inquire of the Senator why,
If that is the only change, there should have been presented
hn amendment nine pages in length in order to effect it?
Mr. DIXON. The amendment merely recites that section 1 of
the present law shall, w ith the addition of the telegraph and tele
phone companies, read “ as follows.” It rewrites the old section.
Mr. BACON. It seems to me that the easiest thing would
have been to have inserted a few words—half a dozen words—
to effect it. Then we should have known what we were voting
o n ; but here is an amendment of nine printed pages, which it
is impossible now for Senators to analyze and compare with the
Present law.
„
. .. .
Mr. DIXON. I want to say to the Senator from Georgia that
I took the provision that passed the House because it had beeu
thoroughly digested.
„ .
Mr. LODGE. Just there may I ask the Senator a question?
The PRESIDING OFFICER. Does the Senator from Mon
tana yield to the Senator from Massachusetts?
Mr. DIXON. Certainly.
.
„
S
Mr. LODGE. Is this the House bill or the existing law?
Mr. DIXON. It is existing law, with the telegraph and telephone companies added to the list of corporations enpiged in
interstate commerce to be put under the jurisdiction or the In
terstate Commerce Commission. It is the exact provision of
the bill which has passed the House. I merely offer the provi
sion as it passed the House, so that telephone-----Mr. LODGE. Then tlie House bill is nothing but the reen
actment of the existing law?
„
Mr. DIXON. Tlie amendment is the same as section 1 of the
Hepburn bill, with telegraph and telephone companies added.
Air. LODGE. The House bill does not read exactly that way.
Mr. ELKINS. The Senator from Montana is ^mistaken.
There is new matter in the amendment
6973
Mr. KEAN. I suggest to the Senator that this matter w ill be
in conference.
The PRESIDING OI< E ICEIt. Does the Senator from Mon
tana yield to the Senator from New Jersev’
Mr. DIXON. I do.
0'
vf1’ n r v A v I suggest that this matter will be in conference.
1
Y“ :
? Yaut
t0 g0 iuto conference with
a vote of the Senate behind it, so that it w ill not go out in con
ference.
Mr. KEAN. I f the Senator had compared this with existin'*
law it would have been one thing, but he has not done so as I
understand.
’
Mr. DIXON. I have adopted It word for word, and that was
the explanation of the House committee. I merely adopted the
provision as it passed that body, after having been reported by
their committee, as I understand, without even a division in the
House.
Mr. LODGE. Mr. President-----The PRESIDING OFFICER. Does the Senator from Mon
tana yield to the Senator from Massachusetts?
Mr. LODGE. I thought the Senator had finished.’ I w ill
wait until he concludes.
Mr. DIXON. I want to say. Mr. President, in this respect
that so far as the telegraph companies are concerned there are
only two; there is no competition, ami at this time there is no
regulation of the interstate business of the great telegraph com
panies. I can not see that any harm would come from the
adoption of the amendment, and I do believe much of good
would come.
As to the Insertion of the Interstate telephone lines in the
amendment, the junior Senator from Michigan [Mr. S m it h ]
who left the Chamber some time ago, requested me to have a
letter read from the Secretary’s desk. It is from the secretary
of the Association of Independent Telephone Companies of tlie
United States and asks for the enactment of that special pro
vision.
The PRESIDING OFFICER. Does the Senator desire the
letter read?
Mr. DIXON. I should like to have the letter read. It is not
long.
The PRESIDING OFFICER. Is there objection to the read
ing of the letter?
Mr. DIXON. It is at the request of the junior Senator from
Michigan [Mr. S m ith ! that I ask to have tlie letter read.
The PRESIDING OFFICER. The Chair hears no objection
and the Secretary will read as requested.
The Secretary read as follow s:
N ational I ndependent T e l e p h o n e A s s o c ia t io n
C h ic a g o , I I I
Hon. W. A lden S m ith .
Washington, D . C .
j / u ,; 2V l n w
y
1JW-
MY P eak S enatob : From the newspapers I understand th at the Sen
ate has stricken o u t section 7 of the so called railroad bill whfr h
places telephone and telegraph companies under the jurisdiction of the
Interstate Commerce Commission, ami that linal action upon said bill
will probably take place on Monday next. Within I send you conies of
the resolutions recently adopted by four state independent telenhone
association conventions,
urgently favoring the niacin"
of interstate telephone and telegraph companies under the control of
said commission.
I write to urge that not eu'y W*'I mich action be pleasing to the inde
pendent companies, w h o [* ?/■*.J l1' ,1"wer ,of the Hell as an unfair
competitor, but in iny Judgment It is far more important to the interests
o f the people of the T nited “ rates that there should be no discrimina
tion in rates upon Inferttate business, both telephone and telegraphic
and that soch business.should receive supervision at the hands of the
Government. Inasmuch as the House has already passed an amend
ment of the character named, and by a decisive vote, I am
,
S a t the House Members understand the telephonic conditions in
*
districts and
several district*
«uu the feelings of their
. . . . . constituents
<>ui>iuueius in connection with
this matter, nml
and I certainly trust.
trust, Senator,
.Senator, that you are fam iliar with
business
in your home State.
n M7chiMichi
the conditions of the telephone bus
ness In^TOur
State, iIn
gan there are more than .10,000 cltlaens who are stockholders in tele
phone companies. By reason ooff such Investment,
investment, and under the spur
Shone
spui- of
Tf
Competition, the telephone conditions have greatly changed during recent
vears
in 18SS
itnw there
w«ro were less **»»**
H O T in the s ta te years. In
than M .W 0 u?i
t.-h-phonos
1 5 .0 0 0 t e l e p h o n i n°’ _
Aie *
ro-dav the iiwicHiendent
independent companies have over 1115.000
serv’
ice,
and Uiu
the Bel' companies_cU]m_evena
amount.
se v'
e, anti
~
- larger
*»***vi amuuui.
The telephone has become necessary not only commercially but in
everv walk of life, and It would be most unfortunate to the peon e of
our State and country to permit the securing of a monopoly onPthe tele
phone and telegraph business, as It would w ithout question result in the
retarding of the development and an Increase In the rates, and in all
probability in the diminution of the quality of the service. The only
drawback at the present time and for some years pnst in the Industry
has been that the Bell Interests have In spots furnished service at less
than cost, and in many Instances w ithout cost for months, and in
numerous Instances for years. Likewise they have in the long distance
business discriminated in the rates,
they have also, by purchase or
alliance, eliminated competition In sections, alw ays with the result that
the rates have largely Increased and usually development has ceased.
We do not ask the Government to fight our battles, but we do ask
for protection against outrageous methods of warfare which are illegal
and detrimental to the public welfare. We believe that the placing of
telephone and telegraph companies under the supervision of the Inter
state Commerce Commission w ill go a long ways toward rectifying some
of the outrageous wrongs which have been perpetrated. We are not
CONGRESSIONAL RECORD—SENATE.
6974
.
,,
,
in regulation, and can not understand
*■» “
»»* ™ "»•»
Government telephone cen5su
report
901g,o.showing telephones
00sm
iles offor
Ch1ica
nf Hio nnnnlp q« well as those of your own State, mat mere snouia De
or tne people, as weu
business of communication, and I
regulation a“d ®“Pe*T
i,e able to have the Senate restore section
7 "oMts eoufvalent, thus'VecuHng to the Interstate Commerce Commls‘V
’witb^aLopy' o f 't h e f iS o f Tiovernmeiit censua rcp“ (““and
& » ■ & * s fw
M ay 27
Bell.
Of which
Independ Bell claim
ent.
connection
with—
Kxein.
•tide-
Indent.
STATES ENTIRE.
a i ”s c « r ™ v ° . ° o S & s ? « s
*..........
show That1 ttiere are ns many independent as Bell telephones in the Illinois
? X d States and that within 300 miles of Chicago there are three- Michigan........
o ^w rq of a niilllon telephones in service which have no Bell connee- Indiana...........
tlons^and that within 500 miles there are approximately 1,400,000 tele Ohio................
Kentucky........
phone's* in every way independent of the Bell and connected by their own Missouri..........
independent long-distance lines.
Tennessee—
You will notice by said Government report the following summary:
Iowa..............
Independent telephones------------------------------------- -------------- 2,986, 515 West VirginiaBell telephones-------------------------------------------------------------- rf, 13A ut>3
Wisconsin-----
333,263
303,793
72,162
383,358
42,200
91,704
45,372
52,772
35,535
69,870
285,322
106,049
216,990
312,278
51,796
220,823
25,758
279,773
46,609
89,005
100,101
T o ta l----------------------------------------------------------------- 118>578
In 1895 at the expiration of the Bell patents and seventeen years of
Bell monopoly, there were 243,000 telephones in the United States.
To-day without question, there are 8,000,000 or more telephones in this
countr^—being 30 times as many. There is no public utility in which
the people are so much interested and upon which they are so depend
ent and it can not but prove advantageous to do those things which
will protect the telephone interests and telephone users.
I certainly believe the suggestion above made will do this.
With kindest regards to you, I remain,
Yours, very truly,
J. B. Wake.
p S.— Have written Senator B ukrows also. This is a very grave
situation for all not allied with the Bell-Western Union crowd.
810,329
1,634,408
446,763
50.000
25.000
90.000
30.000
40.000
40.000
24.000
35.000
1,858,403
511,763
Minnesota......
Nebraska.......
Kansas-..........
Pennsylvania.
New York......
20.000
50.000
40.000
995,329
340,000
Total.
Chicago----
30,933
50,065
29,284
9,039
82,398
9,241
74,800
15,535
36,366
178,1
166 1
283,|
6,000
15.000
6,000
4,000
3,135,329
J. B. W.
» Without Chicago
Mr. DIXON. I ask unanimous consent that the tables at
tached to the letter may bo printed in the R ecord without
reading.
„ t
The PRESIDING OFFICER. In the absence of objection,
that order will be made.
The tables referred to are as follows:
i within SOO-mile radi..-.
ment report, census 1901.
Bell.
Government report on telephones.
per Govern.
Of which
Independ Bell claim
ent.
connection
with—
Excl„.
lively
Ind*
Pendent.
CONTINENTAL UNITED STATES.
Total.
Beil
Independ (American
ent (non- Telephone
and Tele
Bell).
graph Co.)
Inde
pendent
stations Number
connect of com
ed with panies.
Bell
system.
6,118,578 2,966,615 3,132,063 “ 835,880
40,481
6,208
49,576
237,672
65,908
63,898
17,522
62,260
16,394
558,585
289,452
332,545
200,233
93,996
35,692
53,134
Maryland, District of
Columbia, and Dela-
14,985
3,148
32,150
65,977
4,473
1,815
11,160
26,204
5,754
285,322
216,990
279,773
161,913
51,796
6,184
16,024
25,496
3,055
17,426
171,696
61,436
62,063
6,362
36,056
10,640
273,263
72,462
62,772
38,320
42,200
29,508
37,110
3,944
10,265
9,607
1,620
352
3,691
9,072
1,288
109,101
50,065
74,806
66,880
9,038
4,351
7,830
22,971
Illinois “.......................
Michigan......................
Indiana........................
Ohio (one-half)............
Iowa (one-half)..........
Missouri (fractional) —
Kentucky (fractional).
Wisconsin (fractional)
Minnesota (fractional)
133,263
103,793
72,462
Total..................
Chicago........................
546,518
140,000
100,000
26,000
30.000
15.000
60.000
6,000
285,322
106,049
216,990
156.000
135.000
40.000
15.000
80.000
9,000
100,101
30,933
50,065
15.000
35.000
10.000
2,000
33,000
4,000
1,043,361
289,099
754.288
686,518
297
37
547
311
Thus, according to the Government census, after deducting therefroin
104 all connections claimed by the Bell Telephone Company the correctness
13 of which we do not admit, there remains within 500 miles of Chicago
95 over 1,300,000 telephones in daily use and having no access to thi,
224 metropolis; within 300 miles are over three-quarters of a million of such
82 telephones in service, likewise exclusively independent.
1,817
INTERNATIONAL INDEPENDENT TELEPHONE ASSOCIATION.
88
3,445
Chicago,
1,243
Mr PAYNTER. Mr. President----429
The PRESIDING OFFICER. Does the Senator from Mon
69
153 tana yield to the Senator from Kentucky?
3
May 29, 1909.
Mr. DIXON. Gladly.
Mr PAYNTER. Mr. President, I desire to ask the Senator
from Montana whether it is the purpose of the committee that
has charge of this bill to increase the membership of the
Interstate Commerce Commission? The duties of that commission have been greatly increased by the provisions of this bill
It seems to me that it will be almost impossible for the com
mission to discharge the duties imposed upon them by this bin
if it shall become a law, and it does seem to me that, if the ad
ditional duty of regulating the rates of telephone and telegraph
companies is to be imposed upon the commission, the member
ship should be increased to at least 15, and it should work iQ
divisions, five commissioners in each, the judgment of a division
to have the same effect as the judgment of the present commission
This is the only way that we can hope for expedition in the
determination of the questions that will arise in the administra
tion of the law. I think the expense of the additional commis
sioners would be inconsequential compared to the immense
benefit that it would be to the people of this country. When
Utah...................................
Congress passes a law to regulate carriers and desires to make
it effective, the Interstate Commerce Commission should be
made sufficiently large so as to be able to perform the duties
imposed upon them in a way that will afford the relief sought
Wyoming and Rhode
to be given by it.
68
1,267
29,067
1,538
30,605
I make this suggestion in view of the amendment that the
Senator has proposed, because it will impose additional duties
“ Figures furnished by American Telephone and Telegraph Company
upon the*commission.
icluded in total for Independent.
110,282
209,383
209,842
171,479
37,627
312,527
17,168
153,279
4,601
28,920
116,988
6,653
685,512
37,104
34,087
495,636
68,125
49,629
450,403
20,911
48,405
71,130
187,862
30,630
30,833
55,541
96,846
62,144
158,875
19,896
5,324
106,049
114,018
13,.567
220,823
8,118
105,610
2,081
6,488
19,134
3,476
180,759
20,597
26,635
312,278
38,009
16,223
174,582
7,872
44,751
25,758
106,832
10,528
13,917
24,118
35,662
46,609
80,005
90,386
204,059
103,793
50,861
24,060
91,704
9,050
47,669
2,520
22,432
97,854
3,177
504,753
16,507
7,452
183,358
30,116
33,406
275,821
13,039
3,654
45,372
79,030
20,102
16,916
31,423
63,194
15,535
69,870
217
650
30,983
46,547
5,235
82,393
846
45,252
734
2,482
831
759
23,992
4,714
10,542
29,284
36,570
10,675
11,976
1,867
25,939
9,241
30,334
451
7,020
4,447
9,168
3,238
36,366
26
38
534
825
271
2,648
97
891
21
58
33
47
942
400
259
984
715
296
597
143
830
214
998
19
100
290
480
195
704
1910.
CONGRESSIONAL RECORD— SENATE.
6975
Mr. LODGE. Mr. President-----Mr. LODGE. Do I understand the Senator from W est Vir
The PRESIDING OFFICER. Does the Senator from Mon ginia to say—I have not had any tim e to understand it—that
tana yield to the Senator from Massachusetts?
there is new legislation in the amendment in regard to sw itches’
Mr. DIXON. Gladly.
Mr. ELKINS. Yes, sir.
Mr. LODGE. I did not know the Senator from Montana was
Mr. LODGE. Also in regard to bills of lading and excess
baggage?
holding the floor.
Mr. PAYNTER. I f the Senator has information which will
Mr ELKINS. There is as to baggage and samples—sending
enable him to answer my question, I w ill be very glad to have samples by express. I think that is all new legislation
It
him do i t
follow s the old law in a great many respects, hut there i s ’new
Mr. DIXON. I have no information whatsoever. I think legislation.
the observations of the Senator from Kentucky are generally
Mr. RAYNER. May I ask the Senator from W est Virginia
correct. Personally I should like to see the Interstate Com a question?
merce Commission enlarged to at least 9 or 11. The Senator
The PRESIDING OFFICER. Does the Senator from W est
from W est Virginia, the chairman of the committee, can prob Virginia yield to the Senator from Maryland?
ably better answer the Senator from Kentucky as to what the
Mr. ELKINS. Yes.
Interstate Commerce Committee w ill report. I think myself,
Mr. RAYNER. Mr. President, this is a very important pro
with all the additional legislation that is going into this bill, vision, and I think the whole thing could be put into a few
the commission ought to be enlarged.
lines. Instead of seven or eight pages, it could easily be put in a
But on the pending amendment I again want to say to the few lines. A number of us want to examine it.
Senate that it is merely the House provisions, and only adds
I wish to say to the Senator from W est Virginia that the
to the present law telegraph and telephone lines doing an inter Supreme Court has decided that telegraph lines do come
under the commerce clause of the Constitution.
state business.
On the pending amendment I ask for the yeas and nays.
Mr. ELKINS. I know that, but I meant telephone lines. I
Mr. PAYNTER. I would like to state in this connection that do not think there has been any decision as to them.
I would have gladly prepared and offered an amendment in
Mr. RAYNER. They held that point-blank in the Pensacola case
creasing the membership of the commission if I had seen an
But this provision is complicated and we want to examine it
opportunity to pass it. I trust the committee will report an It should not be pressed on us at this time in the afternoon for
amendment to that effect.
a vote. It will have to go over, I think, unless the Senator w ill
Mr. LODGE. It seems to me, from the very limited debate put it in just a few lines, and let us know exactly what he
which has already occurred, that it must be perfectly obvious wants to do, without making us compare it with the Hepburn Act.
fhat it will take several days to dispose of this amendment. It
Mr. BRANDEGEE. The whole matter can be adjusted in
involves necessarily an increase of the Interstate Commerce conference, I think. Therefore I move to lay the amendment
Commission. There are 9 pages of it, which I do not think on the table.
many Senators have examined, and which we ought to exThe PRESIDING OFFICER. The Senator from Connecticut
am>ae; and I think, if this goes in, it would be hopeless to moves to lay on the table the amendment submitted by tbe
undertake to finish the bill to-day or to-morrow, because it Senator from Montana. [Putting the question.] The ayes
•
would have to be fully considered in the Senate before it is appear to have it.
anally acted upon.
Mr. DIXON. I bad demanded the yens and nays on the
amendment.
Mr. BRANDEGEE obtained the floor.
Mr. KEAN. But they had not been ordered-----Mr. ELKINS. Mr. President-----The PRESIDING OFFICER. Does the Senator from Con
The PRESIDING OFFICER. The yeas and nays have not
been ordered on the motion to lay on the table.
necticut yield to the Senator from W est Virginia?
Mr. BRANDEGEE. I yield to the Senator from West Virginia.
Mr. KEAN. Not on this motion.
Mr. ELKINS. The question o f telephone and telegraph com r The PRESIDING OFFICER. The question is on agreeing
panies being put under the operation of the interstate-commerce to the motion of the Senator from Connecticut to lay on the
law has been discussed and thought about by members of the table tbe amendment offered by the Senator from Montana on
committee and others for a long time. They are not like rail which the Senator from Montana demands the veas and navs
roads, and the law s and regulations that would apply to one L The yeas and nays were ordered, and the Seu-ctarv nrn
Would not apply to the other. This amendment I do not think ceoded to call the roll.
V c* / , { 9 y
* pro'
sufficiently guards and protects the rights of the people or the
Mr. BRIGGS ( when Ills name was called K ( Lave a pair for the
rights of these companies. I do not know whether the Supreme afternoon with tbe junior Senator from Mississippi rMr P f r c v I
Court has decided a telephone company is a common carrier,
Mr. CLAY (when bis name was called). I affain ailnoi„"P
Uor do I know whether good lawyers hold to that view.
my pair with the junior Senator from New York [Mr Roo-n
But there is one thing quite time, as the Senator from Georgia
Mr. PAGE (when Mr. D iixino ham ’s name w as called!
I
says, if they are to be put under tbe act to regulate commerce wish to announce the absence of my colleague, who is m i r e d
without providing proper rules and regulations applicable with the senior Senator from South Carolina [Mr T illm \ n 1
such companies, this should be done separately and I think
Mr. BACON (when Mr. F o s t e r ’s name was called) I d e s i r e
m a separate bill or an amendment better drawn than the to make the same announcement regarding the absence of the
Uniendment now before the Senate.
junior Senator from Louisiana that I previously made
I am sure the Senator from Montana is mistaken when he
Mr. CLAPP (when Mr. N e i . k o n ’s name was called! ' i desire
says his amendment reenacts existing law. It is not the ex to make the same announcement on behalf of my colleague that
isting law, with the provision as the Senator states It. I think I made on tbe other call, and I w ill ]et this announcement
lle is mistaken. Here is a paragraph which is not existing law stand for all votes during the afternoon.
°n'y, but something added:
Mr. RAYNER (when his name was called). I am m ired
. B ills o f lad in g, th e m anner and m ethod o f p resen tin g, m arking, pnekwith the junior Senator from Delaware [Mr. R ichardson! I
and d eliv erin g property for tran sp ortation , th e fa c ilitie s for tra n s transfer the pair to the senior Senator from Virginia’ r\rr
a c t at Ion, th e carryin g o f personal, sam ple, and excess baggage, and
D a n i e l ] and will vote. I vote “ nay.”
L r’
« u other m atters re la tin g to or con n ected w ith th e receivin g, handling,
“ unsporting, storin g, and d elivery o f property.
Mr. WARREN (when his name was called). I am m ired
This is new; it is not in the old law ; and a great many with the senior Senator from M ississippi [Mr. Money ]
The roll call having been eonciuded, the result w a s nn
traveling men ail over the United States protest against this
npfinced—yeas 22, nays 37, as follow s;™
uciiig enacted into law.
T E A S— 22.
Here is another portion of the amendment I know is not in
B a llin g er
M eE nery
the present law. It is about switches and connections with B rad ley
Stephenson
G
uggenheim
N ixon
B ran d egee
railroads. It recites the old la w ; but here is an add ition:
S n th erl and
ll a le
l f any com m on carrier sh a ll fa il to in sta ll and op erate an y such
jo u teh or con n ection a s aforesaid, on ap p lication th erefor in w r itin g by
ship per or ow ner of such la tera l, branch lin e—
Tlie word “ owner ” is new, and I might cite more.
Mr. President, I submit to tbe Senate this is mixing up too
Juany subjects. I f we wish to put these companies under the
control of the Interstate Commerce Commission, in a few lines,
UK the Senator from,Georgia suggests, it might be, but I sub*at it would be better to give this subject careful consider,!
l.a,ie t'me> Bad out what of provisions, limitations, and
emulations should be made. I do not think it is fair to adopt
as amendment in its present shape.
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Federal Reserve Bank of St. Louis
B u rn h am
D ick
E lk in s
F ry e
B acon
B ev erid g e
B orah
B o u rn e
B risto w
B row n
B u rk ett
B u rro w s
B u rto n
C arter
O liver
Page
P ile s
Sm oot
N AY S— 37.
Cham berlain i
Gam ble
Gore
Clapp
Clark, W yo.
J o n es
I.a Eol le tte
C raw ford
Cullom
M artin
C um m ins
N ew la n d s
C urtis
O verm an
D ixon
Owen
D el liv er
Payn ter
F razier
P erk in s
H ey b u m
Koan
L odge
W arner
W et more
P u rcell
Un.vner
Shively
S im m ons
Sm ith , S. C.
S tone
T a y lo r
■
6976
CONGRESSIONAL RECORD—SENATE.
NOT VOTING— 33.
Scott
Johnston
Daniel
Smith, Md.
Lorimer
Davis
Bailey
Smith,
Mich.
McCumber
Depew
Bankhead
Taliaferro
Money
Dillingham
Briggs
Tillman
Nelson
du
Pont
Bulkeley
Warren
Penrose
Fletcher
Clarke, Ark.
Percy
Flint
Clay
Richardson
Foster
Crane
Root
Hughes
Culberson
So th e m otion to la y on the tab le w a s rejected.
The P R E SID IN G O FFIC E R . T he qu estion is on agreein g to
th e am endm ent proposed by th e Senator from M ontana [Mr.
D ix o n ].
Mr. D IX O N . On th a t I a sk for th e y e a s and nays.
Mr. LODGE. I t is perfectly obvious th a t w e can n ot dispose
o f th e am endm ent to-night.
T he P R E SID IN G O F FIC E R . T he Senator from M ontana
a sk s fo r th e y ea s and nays. Is there a second?
Mr. BACON. I rise to a point o f order. A lthough a Senator
ca lls fo r th e y ea s and nays, if, before th e question is put to th e
Senate, a Senator addresses th e Chair, th e question o f ordering
the y ea s and n a y s ought to be postponed.
The P R E S ID IN G O FFIC E R . T he C hair did not observe-----Mr. BACON. I w a s referring to th e Senator from M assachu
setts, n o t m yself.
Mr. LODGE. I had tak en th e floor before th a t and w as
try in g to m ake an observation.
T he P R E S ID IN G O FFIC E R . T he Senator from M assachu
setts is recognized.
Mr. LODGE. I only w anted to sa y th a t it is im possible to
dispose o f the am endm ent th is evening. I t is an am endm ent of
im m ense im portance. I f w e a re going to add telegraph and
telephone com panies and change th e sw itch in g arrangem ents
and a lter th e b ills o f lading, m a tters w hich m u st require pretty
carefu l legislation, w e certa in ly ought to do so in very carefu lly
considered provisions. I h ave no doubt telegraph and telephone
com panies can be added to th e bill.
Mr. K EA N . T hey are in th e H ouse bill.
Mr. LODGE. T hey are in th e H ouse bill, and w ill be before
th e conference in any event. B u t if w e a re going to leg isla te
a s to them here, it seem s to m e w e ought to m ake som e proper
provision in regard to them . T heir b u sin ess is en tirely differ
ent from th a t o f th e railroads, and w e ough t to bring them
under proper clauses. A t any rate, I fo r one should lik e the
opportunity to exam ine th e am endm ent and have som e sligh t
opportunity to see w h a t is being done before w e fin ally vote
on th is legislation.
T herefore, Mr. P resident, th e hour o f 5 o’clock havin g nearly
arrived, I m ove th a t th e Senate adjourn.
Mr. B EV E R ID G E . I hope th e Senator w ill not do th at.
Mr. E L K IN S. I hope th e Senator w ill w ith draw th a t motion.
I w a n t to get a vote on th is am endm ent and on th e bill to-night.
Mr. LODGE. T hat is out o f th e question w ith such an am end
ment" a s th is before th e Senate. I never heard th is am end
m ent read un til it w a s read here. It is nine pages o f law , w ith
changes o f the ex istin g law in it, and I do n ot th ink on a m at
ter o f such im portance th is is th e proper w ay to legislate. It
seem s to m e w e ought to ha v e an opportunity, a t least, to
ex a m in e it. I think th a t is not an un fair or unreasonable
request.
Mr. BACO N rose.
Mr. LODGE. I w ithhold my motion fo r a m om ent.
Mr. BACON. I sim ply d esire to say, as one w ho voted
a g a in st la y in g th e am endm ent on th e table, th a t I entirely
agree w ith th e Senator from M assachusetts th a t it is improper
th a t w e should be forced to vote upon an am endm ent w hen th e
im p racticab ility o f exam ining it and ascertaining its contents
m ust be m a n ifest to every Senator.
I m y self am perfectly w illin g to have, and I w ill go fu rther
and sa y th a t I desire to have, telegraph com panies, and pos
sibly telephone com panies, pu t under th e control and regula
tion o f th e In tersta te Commerce C om m ission; but here is an
am endm ent covering nine pages o f law , and w e are called upon
to vote on it w ith out knowing, except in th e m ost general w ay,
how fa r it changes ex istin g law .
I think. Mr. President, in a m atter o f th is gravity each Sen
ator w ould w a n t to have an opportunity to have th e ex istin g
la w read to him w h ile he held th e am endm ent in h is hand, in
order to see how many w ords in it w ere changed.
T h is am endm ent does not sim ply cover th e ground as to te le
phones and te le g r a p h s; it goes all over the ground o f free passes
and everyth ing else, and w e have not had an opportunity to
com pare it w ith th e e x istin g law .
Mr. LODGE. I have no objection to pu ttin g telephones and
telegraphs under proper governm ent supervision. T hat is not
th e reason I voted to la y th is am endm ent on th e table. B u t
here is th is great am endm ent o f nin e pages, interjected in here in
Aldrich
__________________
May
_ _ _ ...
w h a t w e supposed w ere th e concluding stages o f th e bill
ou t any opportunity to exam in e i t ; and if w e are going to
tl*th a t addition, w e ough t to h ave som e opportunity, as i ,'k *
said before, to see th at th e leg isla tio n is properly perfJ ? * * l
and i f w e are going to tak e up th is am endm ent now a,1(,
lea v e it to the conference to decide, w e ough t to adjourn ll,,t
have an opportunity, a t lea st un til to-m orrow, to look iIlt'
am endm ent and sa tis fy ourselves, to begin w ith , as to what i.7*
it besides telegraph and telephones and how it changes ,.xi *
la w and w h at th e general r esu lt w ould be.
Mr. H A L E obtained th e floor.
Mr. B U RTO N . Mr. P resident, a p arliam en tary inquirv
th e Senator from M aine recognized or is th ere a m otion noii,ii **
T he P R E S ID IN G O F FIC E R . T he Senator from Main', !1*'
been recognized. T he question before th e Senate is 0a
am endm ent offered by th e Senator from M ontana.
Mr. H A L E. W hat I am going to su ggest is, I think jn tk
in terest o f sa fe and carefu l legislation . I su ggest to the hZ*
ator WHO
m a t overn ight th
m e anu>»
w ho onereci
offered m
th e ameiiumum,
am endm ent th
a niu'',K
m eut be printed, show ing w h a t changes o f e x istin g ]aw th”a ’
are in it, so th a t to-m orrow m orning th e Senate w ill be in
possession o f w h a t it h as n ot now — a know ledge o f the
1
o f the am endm ent. I feel about it as th e Senator from Georw
does, th a t w e ought to know a t th is stage o f th e proceed
before th e b ill passes from th e Senate, and w ith ou t leavl *•
everyth ing to th e w ill and dictum o f th e c o n feien ce commit*
i f th is im portant leg isla tio n is to be em bodied in th e bill, \v£j‘>
there is in it.
,
I think there are Senators enough here and a good mnT,
Senators, w ho w ill n ot be w illin g th a t th is m ost esseim
am endm ent sh a ll pass to-night w ith ou t th e Senate knowm.
w h at it c o n ta in s ; and I hope th e Senator w ho h as offered *
am endm ent w ill agree th a t overn ight th ere sh a ll be such
print o f th e am endm ent th a t in th e m orning th e Senate wqj
know w h at a re its scope and effect.
T he P R E S ID IN G O F FIC E R . T he question is on agree*in8
to th e am endm ent offered by th e Senator from M ontana.
Mr. H A L E. U n less th e Senator agrees to th at-----Mr D IX O N . I th ink w e can settle th e w h ole m atter in j.,„
a few m inutes.
inutes, Jud ging from th e vote to lay th e pending amend
m ent ou th e table, I th ink th ere is no qu estion about the wuT
o f th e Senate
telephone
es in the bill
bln
----- _ lin__----ItlLC to
LU in
1Usert
UV, I. telegraph
,v.vB. - r - and
—-------I th ink th e Senator from W iscon sin [Mr. L a F ollette] p,
u
iu
u
c
u
a
proposed
am
endm
ent
in
m
erely
a
few
words,
\vll,.a*
drafted a
I w ill be glad, if he w ill offer it, to accept a s a substitute
my am endm ent. I t is a general provision to pu t telegraph
telephone lin es in th e bill, and it w ill avoid th e danger 0f
hasty leg isla tio n in th e long am endm ent w hich is taken bortn;
from th e H ouse bill. I th ink th a t w ould be a happy solUUo*
_ it. T hen th e w h ole th in g w ill go into conference, and th«
Senate w ill h ave expressed its general opinion regarding t|.
a d visab ility o f p u ttin g th ose lin es under the control o f the i n
te r sta te Commerce Com m ission, and th e d e ta ils can be s e t tiJ
in conference. I w ill accept th e am endm ent o f th e Senator from
W isconsin, if he w ill offer it.
.
Mr. LA FO LL E TT E . I f th e Senator from M aine h as y ie ld s
th e floor, I offer as a su b stitu te fo r th e pending provision that
w h ich I send to th e desk.
T he P R E S ID IN G O F F IC E R . T he Senator from Wisconsin
offers a su b stitu te for th e am endm ent o f the Senator f rotJ
M ontana, w hich th e Secretary w ill state.
T he S ecretary. A t th e proper place in th e b ill in sert the fob
lo w in g :
That telegraph and telephone companies transacting
Interstate business are hereby placed under the supervision an<icAa
trol of the Interstate Commerce Commission, subject to all of the J
visions of the act of 1S87 as amended applicable thereto.
t
Provided
T he P R E S ID IN G O F FIC E R . T he question is on th e substitu te offered by th e Senator from W iscon sin for th e amendment
subm
itted
e cv^**v~*
Senator -from
M ontana.
_LiiilL
CU. by th
Liit*
- - — -----------Mr. D IX O N . I w ill be glad to accept th a t as a substitu te f or
am endm ent *I offered.
th e auienuiuciii,
w*“ “ “
Mr. H E Y B U R N . I should lik e to inquire w hether or not
th a t is intended to cover w ireless com panies?
Mr. LA FO LL E TT E . I am w illin g to leave th a t out of the
case. I t is n ot im portant enough a t th e present tim e to make
it necessary to defer consideration o f and action by th e Senate
upon th is provision. I believe it im portant to th e country that
th e vote be tak en to-night, and I say th a t w ith o u t m eaning to
reflect upon anybody. T he su b stitu te refers sim ply to telegraph
and telephone com panies by plain term s. They have a defined
m eaning in th e law , and I do not b elieve it w ould include any
th in g else.
Mr. H E Y B U R N . I w ould inquire w hether th e Senator would
bej w illin g to in sert th e w ords “ excep t w ir e le s s? ”
Mr. LA FO LLETTE. I would.
I
1910.
CONGRESSIONAL RECORD— SENATE.
Columbia, and to make necessary connections w ith other partis
or its system, and I submit a report (No. 759) thereon. I asft
mthe Present consideration o f the bill.
The Secretary read the bill.
Mr. KEAN. Is unanimous consent asked for the present con
sideration of the bill?
The PRESIDENT pro tempore. Unanimous consent is asked
ror the present consideration of the bill.
Mr. KEAN. Let the bill go over.
The PRESIDENT pro tempore. The Senator from New Jersoy objects, and the bill goes to the calendar.
Mr. PAYNTER. Do I understand that there is objection to
the present consideration of the bill?
The PRESIDENT pro tempore. Objection was made by the
Senator from New Jersey.
Mr. KEAN. I thought it might be desired to place it on the
nitnrstate-commerce bill we are considering.
The PRESIDENT pro tempore. The bill w ill be placed on
the calendar.
BILLS AND JOINT RESOLUTION INTRODUCED.
7019
States in favor o f the election of Senators by the electors of
the States. I ask now, in view of the action just taken, that I
may be permitted to address the Senate after the morning busi
ness on May 81.
The PRESIDENT pro tempore. The morning business is
closed.
Mr. LORIMER obtained the floor.
MEMORIAL ADDRESS ON THE LATE REPRESENTATIVE GRIGGS.
Mr. BACON. With the permission o f the Senator from Illi
nois, I desire to make a statement.
I had given notice that to-day, at the conclusion o f the day’s
business, but not later than 4 o’clock, I would ask the Senate
to hear what might be said in memory of the life and public
services of the late Mr. J a m e s M. G riggs , formerly a Member
o f the House. I understand that it is not the purpose to re
sume to-day the consideration of the railroad bill, and I desire
to state that at the conclusion of the speech of the Senator from
Illinois I shall ask the Senate to fake up that order.
SENATOR FROM ILLINOIS— PERSONAL EXPLANATION.
Mr. LORIMER. Mr. President, I rise to a question of per
Bills and a joint resolution were introduced, read the first sonal privilege, to state the facts concerning and the reasons
thne, and, by unanimous consent, the second time, and referred for the most recent assault made upon me by the Chicago
as follows:
Tribune, with the intent to blacken my character with the
By Mr. CHAM BERLAIN:
people of the country and to destroy me and my friends finan
A bill (S. 8456) providing for the validation of certain home- cially and politically.
■toad entries (w ith an accompanying paper) ; to the Committee
On the 30th day of April last the Chicago Tribune pub-’
°n Public Lands.
lished a story over the signature of Charles A. White, a member
By Mr. SMOOT:
of the Illinois legislature, in which it was alleged that I secured
bill (S. 8457) to restore to the public domain certain lands my seat in the United States Senate through bribery and cor
withdrawn for reservoir purposes in Millard County, U tah; to ruption. I have been compelled to defer my return to the
ihe Committee on Public Lands.
Senate owing to the fact that the story ivas timed and pub
By Mr. FRYE:
lished with a deliberate purpose to destroy a new banking asso
A bill (S . 8458) granting an increase of pension to Corydon ciation in Chicago which I have been organizing with some of
'•Deland ; to the Committee on Pensions.
my friends. The assault was made to prevent the bank from
/
By Mr. OWEN:
N opening. It utterly failed of its purpose, but it required my
/
j bill ( s . 8459) to admit to the m ails as second-class matter
onstant attention to build an impregnable bulwark around the
i Jy|ri0(lical publications issued by or under the auspices of be- tank to safeguard the interest of those who have intrusted
V j*ev°lent and fraternal societies and orders and institutions of heir funds to the care of my associates and m yself against
V '!lrning or by trades unions, and for other purposes; to the any malicious or vicious assault that may be made against it
'•'hhimittee on Post-Offices and Post-Roads
by the Tribune. The bank is now surrounded by every safe
By Mr. CLARKE of A rkan sas:
guard, and is as impregnable as Gibraltar against the lying
t A.bill ( s . 8460) for the relief of the heirs of James R. Toney; columns of the Chicago Tribune. Having completed that work
t0 the Committee on Claims.
I return to my place in the Senate to-day to protest against
f
BW
y M
Mrr. OWEN:
OWEN:
this maiiCious slander directed against the honor of my State
f
Joffit
i w ; to
lu auiuuuzit;
Jolnt resolution (,o.
(S. «J.
J. ivcb
Res.. 105)
authorize uiiu
and pruviue
provide W e Illinois legislature, and myself, and which is the most out--------x------pageous conspiracy ever organized in the State of Illinois
rr an assembly of xv.-----------------....................*
the representatives of xv.---------„
the parliaments
and
ational legislative bodies of the nations of the world in the i The Tribune article charges that the Hon. Lee O’Neil Browne
* 'nlted
States
upon
the
invitation
of
the
United
States
Govern-v
uyun tut; lUYiiatiuii ui tut; uuituu outtes uruvern- Iithe Democratic leader of the house of representatives bribed
Rai *, and for other purposes; to the Committee on Foreign /nharles A. White to vote for me, and paid him $1,000 for his v-nt-n
ations11 do not know what kind of man he would be who would dare
to offer a bribe to Lee O Neil Browne, much less ask him to
AMENDMENT TO SUNDRY CIVIL APPROPRIATION BILL.
„ ^ r*. WETMORE submitted an amendment proposing to ap- bribe others. H e has lived in bis present home town practicallv
"Pnate $10,000 to meet the expenses of the Commission of all his life, and is one of its most highly respected citizens
a
Arts, intended to be proposed by him to the sundry civil H e stands in the front rank of successful lawyers at the bar
Appropriation bill, which w as referred to the Committee on in Illinois; a man of hue keen intellect. When he passes his
word it is accepted by all. He is, all in all, a strong, high‘ 1W’opriations and ordered to be printed.
minded, God-fearing, honora >e man. I recall a pleasant chat
ADJOURNMENT TO TUESDAY.
that I had with him on an occasion when we were discussing
Ka
®ALE. Mr. President, several Senators who have en- the hereafter, and during the course of which he told me that
,l' ^eniftnts to deliver addresses on Monday, which is soldiers’ he believed the Bible from cover to cover. Such a man w ill
Sen r*emor*al Day, have requested me to take the sense of the not stoop to so low a level as to become a bribe taker or a
to , e 011 a m°tion that when the Senate adjourns to-day it be bribe giver.
... . .
Rost?66* on Tuesday, and I w ill make that motion. At the sugI became very intimate with him several years ago during
,1 Uon of the Senator from Iowa [Mr. C u m m i n s ], although I the session of the legislature. I, with others, was urging that
rno.1|°t have much faith in 11 o’clock sessions, I w ill make the bodv to submit a constitutional amendment to the people to
Till j tljat when the Senate adjourns to-day it be to meet on authorize the issue of $110,000,000 iu bonds to aid in the con
AQesday next at 11 o’clock.
struction of a waterway from the Lakes to the Gulf of Mexico
\ i JtLKINS. Does the Senator make the motion now?
But for the enthusiastic support given to the measure by him
; rr- HALE. Y e s; I make the motion now.
it would not have passed and the prospects for a deep w ater
rnjl r< ELKINS. I had hoped that we might go on with the way would not be so bright to-day.
1 WJUer
kr roa<\ bill Monday, if w e could have a session then. I do not
This slanderous matter was not published to injure Mr Browne •
S e iw "*lat tbe temper of the Senate is on the subject. Several it was not published in the interest of public morals ’nor is it
until 2TS’ however, have asked me to consent to an adjournment the work of the poor, seif-degraded creature that the Tribune
uhtil Tuesday.
bought to lend the use of his name to bolster up the lies of the
u 10 PRESIDENT pro tempore. The Senator from Maine Tribune and himself. The publication itself discloses its vile
rp,,'ea that when the Senate adjourns to-day it be to meet on purpose better than anything that I can offer in testimony.’ For
Tuesday next at 11 o’clock.
more than a year I have been talking with some friends about
rn r' DIXON. Mr. President------opening a bank in Chicago. The editor of the Tribune, Medill
Tli 116 1 RESIDENT pro tempore. The motion is not debatable, McCormick, has stated openly that he would never permit it
•'question is on agreeing to the motion.
It is stated in the article that the Tribune had the story weeks
10 motion was agreed to.
before it was published, yet they held it off and timed its pub
ELECTION of SENATORS BY THE ELECTORS OF STATES.
lication until the bank, of which I am now president, w as about
.'ll) / ' 0W K N. Mr. President, I had given notice that on May to open its doors. I hold in my hand a copy of that publica
n r * 0111* address the Senate on Senate joint resolution 41, tion, the front page covered with the letter alleged to have been
posing an amendment to the Constitution o f the United, written by White, and all of its second page given up to the
7020
CONGRESSIONAL RECORD—SENATE.
same matter, except about three sticks of space down in the
lower part of the last right-hand column, which is devoted to
an announcement that was not authorized by any person con
nected with the organization of the bank, but was conjured up
in the minds of the Tribune conspirators and printed to aid
them in their dastardly purpose of destroying the banks before
they were born. I will read the announcement. It is as
follows:
TO BE PHESIDENT OF HIS TWO INSTITUTIONS— DIRECTORS OF
SAI.M STREET NATIONAL BANK AND LA SALLE STREET TEDST COM
tn w T U E T i
u
PANY BEACH DECISION.
Spnator W illia m L ohimer is to be president of both the La Salle
Street National Bank and the La Salle Street Trust Company. They
will open their doors to depositors May 9.
No part of this story was ever written by White. Any person
who has lived under the assaults of this vicious paper can see
that it is the work of a trained newspaper hand, skilled in the
art of creating scandal out of lies, when it is thought necessary
to blacken the character of one whom the newspaper can not
control. It is also plain to be seen that every word was passed
upon by a lawyer before it was signed by that poor, low creature
White, who does not hesitate to commit forgery for a few dol
lars and to whom perjury is no crime, who is a part of the
lowest fringes of depravity, and who to secure money to satisfy
his instinct for debauchery sold what little was left of his man
hood and became the pliant tool of the Tribune in this timed
and malicious attack.
The most cruel blow In this whole article is the one aimed at
the good name of the Hon. Charles Luke, who has passed away
and is now with his Maker. Charles Luke is made to say that
he got his money for voting for m e; that he made his deal direct
with me. This lie was printed to give color to the story, and
when the Tribune conspirators sent it to print both Medill Mc
Cormick, the editor of the Tribune, and his depraved tool,
White, knew it was an unmitigated falsehood. They also knew
that from the quiet of his everlasting sleep there could come
no protest from Charles Luke in behalf of the mourning widow
and his orphan children, on whom they had attempted so hei
nously to lay the stigma of dishonor; but their method of war
fare made it necessary for them to send the poisoned shaft
into those aching hearts and to place a confession of felony
on lips beyond the power of speaking the words that would lift
their awful charge.
Mr. President, it was just one year ago that Charles Luke, a
Democrat, then in the final stages of the malady which cut
short a life of promise, rose from a sick bed and made his pain
ful way to the legislative hall to cast his vote for me, a Re
publican, for United States Senator. Standing in this, historic
Chamber, in a place of high honor, to which my departed friend
did all in his power to assist me, I would be untrue to our
friendship and my high regard for him if I did not hurl this
malicious, heartless, satanic He back into the foul mouth that
uttered it.
There is no language to characterize such venomous, de
spicable conduct. This loathsome, detestable creature, Medill
McCormick, guilty of this and numerous other violations of
decency, should and will be in the future, as in the past,
shunned and avoided by all decent people.
A few days later the Tribune printed a statement that Rep
resentatives Michael S. Link and H. J. C. Beckemeyer, also
members of the forty-sixth general assembly, had also “ con
fessed,” and had corroborated White’s story that they had been
bribed to cast their vote for me. Link and Beckemeyer did
not confess that they had been bribed to vote for me. When the
whole truth concerning their so-called “ confession” is dis
closed in court it will be shown beyond a shadow of doubt to
the mind of every man, friend and foe, that these men did not
receive a dollar for their vote for me; and no other member
of the legislature confessed that he had been bribed or paid to
vote for me. The charges stand as they stood April 30, the un
corroborated lies of the Tribune, supported only by the bought
signature of their weak tool, White.
When the Tribune said that I had offered or given money
to any member of the legislature, or that any money was offered
to any member of the legislature for his vote for me, it lied,
and it knew it lied. Not one dollar was paid to a single member
of the general assembly for his vote for me.
When the truth is known everybody will understand that
the publication of the Tribune article signed by White is a part
of a political conspiracy to drive me out of public life, to ruin
me financially because I will not do as other Republicans in
Illinois have done—place myself under the absolute control
and dictatorship of the Tribune. In all these years of this
dastardly war made on me by the Tribune there was never a
M a i 28
time when I could not have made my peace with the TrliJU.
and secured immunity from further attacks by surrender),
and becoming its willing slave.
Since my election is under discussion I have concluded ,
tell the story of the circumstances that brought it about
These things were common knowledge to those who were i,,
terested in the senatorship contest and were discussed each da
In Springfield. They were not, however, matter of gener^
knowledge to people over the State. In order that they ma»
know all the facts concerning my election, I have decided t
relate the circumstances as they occurred. Many people
of the opinion that I, through my own effort, worked out »
great feat; that the accomplishment was wonderful; that t
must be a sort of a political wizard; and that I waved a wana
over the general assembly until I had hypnotized it and then
elected myself to the Senate.
In the outset I want to say that when I became Interested
in the senatorial contest I was in no sense of the word a c«u
didate for Senator. I entered into the contest with what wa«
left of the Republican organization to make a last stand
against the Tribune newspaper combination. They had at la8*
succeeded in driving practically every officeholder, from Unitei
States Senator down, to do their bidding, and had banded thorn
all together to make the last onslaught to destroy every
maining vestige of the organization that they could not con.
trol. What to do or how to do It we did not know. There
was only a handful left, but there was one thing that we Werfi
sure we could count on and that was that we would all stand
or fall together. We also knew that the leaders in the other
camp did not believe in each other; that they were workin
together, not from choice, but had been driven into a niigfu
organization by the Tribune and the newspaper combing
tion.
, ..
,
There was only one man in that organization who was sin.
cerely at all times for Senator Hopkins, who did not place fijs
own interest above the candidacy of the Senator, and who W;t8
not ready at some time to join an opposing movement that
gave promise of success. That man was Col. Frank L. Smith
of Dwight Had all the incongruous elements gathered umj^
the Hopkins banner been as sincere and as loyal as Smith they
could, by harmonious action, on any day until within two week*
prior to my election, have secured his election. Our friec,js
merely took advantage of the fact that they were only ostenS|.
bly supporting the Senator while, like Micawber, they were
waiting for “ something to turn up.”
We proceeded on the theory that such a mob under some
conditions could stand together, but that there might come «
chance to break through their line; and even if we failed,
would be no worse off than when we began. We were assail^
from every quarter by men, every one of whom our friends h;i(1
helped to elevate to high stations against the bitter opposition
of the Tribune and other papers, whose bidding they were now
prepared to carry out, namely, the destruction of the Republican
organization.
It turned out as we expected. They quarreled over the organization of the committees of the house of representatives
and left the governor to fight his own battle alone.
When all had deserted him, I decided to accept an invitation
extended by Roy 0 . West, chairman of the state central com
mittee, to call upon the governor. He expressed his bitter dis
appointment at the ill-treatment that he had received at the
hands of Senator Hopkins and his friends, and in later inter,
views, of which I had a great number with him during tke
winter, he said he would do all he could to aid in preventing
the reelection of Hopkins in the hope that some man satisfactory
to his friends and my friends, who might unite the various
factions, might be selected as his successor. On several occasions he suggested the election of Roy 0 . West, to which i
responded that I was sure my friends would not be satisfied
with him. In several interviews he stated that West was pressing him and urging him to make him (West) Senator. I told
him that I would call upon Mr. West personally and tell him
that, in my opinion, his election was absolutely out of the question.’ Later, in an interview in Mr. West’s office, which lasted
more than an hour and a half, I told Mr. West why my friends
would not support him, and told him that without our support
the governor and his friends could not secure his election for
United States Senator.
On numerous occasions I urged the governor to become a
candidate for the place. We discussed it for many weeks. At
first he seemed to be very much opposed to it. From the inter
views with him in the latter part of March, I was confident
that he would take the place, and I was absolutely sure from
the information that I had been able to gather from members
1910.
CONGRESSIONAL RECORD— SENATE.
t° create a court of commerce and to amend the
®ct '’^titled “An act to regulate commerce,” approved February
as lleretofore amended, and for other purposes.
Mr. LA FOLLETTE. Upon that question I should like to
be heard.
The VICE-PRESIDENT. rt is not debatable. The question
is °n agreeing to the motion.
Mr. l a FOLLETTE. I w ill be heard after it is decided,
th e VICE-PRESIDENT. The question is on agreeing to the
V,,!on
the Senator from W est Virginia.
\ i TmotlVm w as agreed to.
■lr. ELK lNg. I now yield to the Senator from Oklahoma by
Senate StaUdinS’ at
re9uest’ as he wishes to address the
{? • *7WEN. Mr. President------‘ lr- BEVERIDGE. The Senator can not yieid by an under""•ndlng. He can not farm out tbe goor by an understanding.
BURROWS. The Senator from Oklahoma had given
notice.
Th' £ A FOLLETTE. Mr. President-----i ne VICE-PRESIDENT. The Chair has recognized no one.
•tnno r A FOLLETTE. I understand that, and I do not under*n.Vbod iS
rigbt of any Senator here to yield the floor to
7109
R e co rd , vol. 33, p. 4128), and on February 13, 1902, by a
viva voce vote, nem. con. ( C o n g r e s s io n a l R ecord, vol. 35, p.
1722), has recorded the w ishes of every congressional district of
the United States, with negligible exceptions, in favor of this
reform.
The Speaker of the Fifty-fifth Congress said, and Mr. Corliss,
February 19, 1902, repeated the sentiment, “ that this was a
measure demanded by the American people, and that the Mem
bers of this House, representing directly the people, should pass
this measure, and continue to pass it, and knock upon the doors
of the Senate until It listens to the voice of the people.” (C on
gressional R ecord, vol. 35, p. 1721.)
Is a unanimous vote of the House of Representatives an index
to the wishes of the American people or Is the w ill of the people
of sufficient importance to persuade the Senate to act and com
ply with their repeatedly expressed wishes?
On May 23, 3908, I called attention of the Senate to the
various resolutions passed by 27 States of the Union praying
Congress and the Senate for this reform, and on behalf of my
own State of Oklahoma I urged the Senate to act.
Over my protest the Senate referred this joint resolution 91
to the Committee on Privileges and Elections by the following
v o te :
sio n a l
T he resu lt w as announced— y ea s 33, n a y s 20, a s f o llo w s :
Ti!' BEVERIDGE. Not by an understanding,
uin, 6 ^JOE-PRESIDENT. Certainly not, when an objection is
Inmn
is. no^ competent to yield the floor, except for an
he t h n
is competent for the Chair to recognize whomever
. Xr® flrst took the floor. The Chair recognizes the Senator
Ir° m Oklahoma.
’
ELECTION of se n a t o e s b y direct vote of t h e people .
Mr. President, on the 21st day of May, 1908, in
Ok;’1, nce W’ith the w ishes of the legislature of the State of
d„, ‘ ,'oaia- expressed by resolution of January 9, 1908, I introcoiisiD 't;nate resolution 91, providing for the submission of a
< onaI amendment for the election of Senators by direct
T j * the pG°Pleevnr t !° ** ,°^ the Constitution provides that Congress, whenpr( lWo'thIrds of both Houses shall deem it necessary, shall
of M,
amendments to the Constitution or, on the application
a
e legislatures of two-thirds o f the several States, shall call
#1,„ y ^ t L ° n for proposing amendments which, in either case,
of'tl , vaBd when ratified by the legislatures of three-fourths
*s tl Several States or by conventions in three-fourths thereof,
£'"1gt'es°Ue or other mode of ratification may be proposed by
TEAS— 33.
H ale
H eybura
H opkins
K ean
K nox
Lodge
L ong
N elson
P enrose
NAYS— 20.
D ixon
N ew la n d s
A nkeny
Owen
Gore
B everidge
Joh
nston
Overm an
Borah
La F o llette
P a y n ter
B row n
McCreary
P erk in s
Clapp
NOT VOTING— 39.
D olllver
Ilan sb rou gh
B ailey
H em enw ay
du P o n t
Bourne
K i D redge
E lk in s
B ulkeley
F lin t
McC umber
B u rk ett
M cKnery
F o ster
Clarke, Ark.
Frazier
M
cL aurln
Clay
M artin
F rye
Culberson
F u lto n
M ilton
C urtis
M oney
Gamble
D a niel
N ixon
Gary
Davis
(C o n g r e s s io n a l R ecord , M ay 23, 1908, p. 7 1 1 5 .)
Aldrich
A lliso n
Bacon
Bankhead
B randegee
B riggs
Burnham
B urrow s
C arter
Clark, Wyo.
Crane
Cullom
D epew
D ick
D illin gham
Foraker
G alllnger
G uggenheim
R ich ard son
S m ith , Md.
S tew a rt
W arner
W arren
W etm ore
P iles
Sim m ons
S m ith , M ich.
S tep henson
T eller
P la t t
R ayner
S co tt
Sm oot
S tone
S u th erlan d
T a lia ferro
T a y lo r
T illm a n
th U le r,Ga*°®s why the people wish this proposed reform are
This vote meant the defeat of the proposed constitutional
Roughly well understood.
Bimhi! ^ W^1 make the Senate of the United States more re- amendment.
The Senator from Michigan [Mr. B urrows], chairman of the
s ,«lvV ° tbe wishes of the people of the United States.
Committee on Privileges and Elections, never gave any hearing
T hiri • It: w ill prevent the corruption o f legislatures.
Pal l u ik
prevent the improper use of money in the cam- on this resolution and never reported it, but allowed the Six
ln tt1S before the electorate by men ambitious to obtain a seat tieth Congress to expire without taking any action in regard to
it, notwithstanding the legislature of the State of Michigan had
E<r f,Guate of the United States,
letri
^ w ill prevent the disturbance and turmoil o f state theretofore by joint resolution expressly favored the submission
of
an amendment for the election o f Senators by direct vote
v j, ,Natures and the interferences w ith state legislation by the
On July 7, 1909, I introduced the same resolution again in'the
s ‘1.’, r nt Gontests of candidates for a position in the United
present Congress as Senate joint resolution 41.
° ~ tes Senate.
I trust I may not be regarded as inconsiderate, too hasty, or
to
will compel candidates for the United States Senate
e subjected to the severe scrutiny of a campaign before the too urgent, if after waiting over two years for a report by the
Senator from Michigan, I now call upon him to perform his duty
ami compel the selection o f the best-fltted men.
Whj ^ _ It will prevent deadlocks, due to political contests in to the people and respond to their repeatedly expressed wishes
vari°o s States from time to time have been thus left in this matter, or else that he frankly refuse to do so.
Mr. President, the present Committee on Privileges and Elec- t
^ P re se n te d .
it will popularize government and tend to increase tions of the- Senate is composed of the following Members, 8
Republicans and 5 Democrats :
of tl"( tt Gnce
people of the United States in the Senate
in i fl'e United States, which has been to some extent impaired
Y ork ;
iecent years.
State ^re^blent, as the State of Idaho points out, and as the Soufh D akota ;'W kldon B H evbijun, of Idaho; Morgan 0 . ”b S " kb Le l
C o n n ecticu t; J oseph W. B ailey , of T exas, J ames B, F razier of
•ubniitt .Isew Jersey points out, in their resolutions herewith of
Tennessee - THOMAS H. P atnter, of Kentucky ; J oseph F. J ohnston
J ohnston ,
United n tJle ^ ouse ° f R epresentatives of the Congress of the o f A labam k; D uncan U. F letcher, o f Florida.
thirds f tates has on four separate occasions passed by a tivoTen
of
these
13
States
favor
the
choice
of
Senators
by
the vote
fititnfi VOte a res°lution proposing an amendment to the Condir,.^1011 Providing for the election of United States Senators by of the people, but I fear the Senators from Vermont, New York,
and Connecticut, whose States are not officially committed, may
An i v°te of the people.
Upon s i Senate has, on each occasion, failed or refused to vote unduly influence the committee, paralyze its activities, and pre
toout ?Uca resolution or to submit such constitutional amend- vent a favorable answer to the petition or wishes of the 37 other
tho P,t0 e several States for their action, as contemplated by States
Eight Republican Senators, as a practical matter, control the
« constitution of the United States.
H i to p-rw
*^94, the House of Representatives, by vote of policy of this committee, and four of these can prevent action
1 ] IRoq / C o n g r e ssio n a l R ecord , vol. 2G, p. 7783), and on May under the present very enlightened system o f organized party
P ’48*>k\ Gy v°te
785 to 11 (C o n g r e ssio n a l R ecord, vol. 31, management of the majority party, which is under an influence
and on April 13, 1900, by vote of 242 to 15 (C ongres that is almost occult, and a management that seems excellently
7110
CONGRESSIONAL RECORD—SENATE.
May
3 1.
Mr. OWEN. The fuller details relative to primary elections
well devised to control all committee action by a majority of
majority plan that enables four to defeat thirteen on the Com will be found in the work Primary Elections, a Study of the
History
and Tendencies of Primary Election Legislation, by
mittee on Privileges and Elections. This is an example of wha;
called “ machine politics.”
> C. Edward Merriam, associate professor of political science in
the University of Chicago, 1908.
"Mr HEYBURN. Mr. President----Only nine States—New England, New York, Delaware, and
The VICE-PRESIDENT. Does the Senator from Oklahoma
West Virginia—have failed to definitely act in favor of the
yield to the Senator from Idaho?
election or selection of Senators by direct vote of the people
**Mr. OWEN. Certainly.
Mr. HEYBURN. I want to correct the impression in the and even in these States the tendency of the people is strongly
mind'of the Senator from Oklahoma that the State of Idaho manifested toward such selection of Senators.
In West Virginia they have primaries in almost all of the
favors the election of United States Senators by direct vote of
the people. It does not. The State of Idaho is a Republican counties, instructing members of the legislature as to the elecState, and the Republican party of Idaho has never favored tion of Senators.
In Delaware the election of the members of the legislature
_ek a proposition.
Mr. OWEN. The Senator from Michigan [Mr. B u r r o w s ] or carries with it an understanding as to the vote of the member on
the
senatorship.
the Senator from Idaho [Mr. H e y b u r n ] can thus defeat or
In Massachusetts the legislature, through the house of rep.
procure action if they wish to by cooperating with the other
Republican Senators whose States—Indiana, South Dakota, andi resentatives, has just passed a resolution favorable to this con.
stitutional amendment and is now considering the initiative and
I0wa_U ke Michigan and Idaho, have sought this reform.
referendum.
Mr. HEYBURN. Mr. President----Maine has recently adopted the initiative and referendum-,
The VICE-PRESIDENT. Does the Senator from Oklahoma
the people's rule.
„ ,
yield further to the Senator from Idaho?
It is obvious that in Maine the question of who shall be
OWEN. I do.
Senator
is
entering
vigorously
into
the
question
of the election
Mr. HEYBURN. It is only fair to say that the Senator from
Idaho has no inclination whatever to promote that scheme of of members of the legislature, and commitments are demanded
,f candidates for the legislature; and so in greater or less degovernment.
Mr. OWEN. The five Democratic Senators whose people rree even in some other Northeastern States, which are not
believe in this policy I do not question would willingly coop efinitely committed to the election of Senators by direct vote
of the people, a similar method is followed, which, in effect,
erate if permitted to do so.
It seems unavoidable, however, to ask the Senate to instruct Operates as an instruction, more or less pronounced, in favor 0f
a candidate for the Senate.
I the committee if any action is to be expected.
In the five remaining States, New York, New Hampshire, Vor.
I can not believe that the Senate is conscious of the wide1 spread public demand for the election of Senators by direct vote mont Connecticut, and Rhode Island, a majority of the peopie
of the people. I therefore submit the positive evidence of tbr unquestionably favor the election of Senators by direct vote 0f
action taken by the various States of the Union, showing th the people, which is demonstrated by the approval of the Demo,
following 37 States to have expressed themselves (in one for- crats of these States of this policy and in addition by the
or another) favorably to the election of Senators by direct vo , various nonpartisan organizations, the National Grange, Anieri.
of the people, over three-fourths of the States of the Union.-: can Federation of Labor, and so forth, and by the attitude of
Alabama,Arkansas, California,‘Colorado, Florida,Georgia, Idaho, many individual Republicans, who are not sufficiently strong,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, however, to control the party management.
In the effort I made to have the amendment to the Consti.
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska,
Nevada, New Jersey, North Carolina, North Dakota, Ohio, Okla tution submitted to the various States on May 23, 1908 (S. j
Res.
91), it was obvious that I had not the sympathy of those
homa, Oregon, Pennsylvania, South Dakota, South Carolina,
Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, and who control the Senate and no vote from a Northeastern State.
I had in fact, the active opposition of the Senator from Rhode
X Wyoming.
Island [Mr. Aldrich], the Senator from Massachusetts [A[r
Mr. HEYBURN and Mr. BRADLEY addressed the Chair.
L
odge
], the Senator from New Jersey [Mr. Kean], the Senator
The VICE-PRESIDENT. Does the Senator from Oklahoma
from Maine [Mr. H ale], the Senator from Pennsylvania [Mr>
yield?
Mr. HEYBURN. I desire to call attention to the fact, inas P e n r o s e ] , the Senator from New York [Mr. D epew], the
leaders of the Republican party in the Senate. The Senator
much as I heard the name of Idaho----The VICE-PRESIDENT. Does the Senator from Oklahoma from Massachusetts and the Senator from Rhode Island and
the Senator from New Jersey actually tried to prevent my 0b.
yield to the Senator from Idaho?
taining a vote, resorting to the small parliamentary device of
s—»-».Mr. OWEN. I yield to the Senator from Idaho.
asserting or suggesting that I was asking unanimous consent
Mr. HEYBURN. I merely want to get the record straight. for a vote after I had moved the Senate to take the vote, ij
I heard the name of Idaho mentioned in connection with the I had acceded to this untrue assertion consent would have been
States that had announced in favor of this heresy. I desire to denied and a vote thus prevented. What does this fear of a
say that the legislature of Idaho, as a rule, is sane, but there
record vote mean?
__have been times when it was not.
I do not in the least complain of such parliamentary tactics
Mr. OWEN. In due course I shall read the language of the
legislature of the State of Idaho. I now yield to the Senator nor of the opposition. I merely think it my duty to call the
attention of the country to it, that it may not be doubted that the
from Kentucky.
Mr. BRADLEY. Mr. President, I want to say that I do not Republican leaders of the Senate are opposed to giving the
people of the United States the power to choose their own
“ remember certainly about the State of Kentucky.
Senators.
Mr. OWEN. I will give the evidence in a few moments.
Mr DIXON. Mr. President----Mr. BRADLEY. The legislature of Kentucky may ’ have
The VICE-PRESIDENT. Does the Senator from Oklahoma
passed a resolution favoring that idea, but I can say of the
legislature of Kentucky that it is like the legislature of Idaho— yield to the Senator from Montana?
Air. OWEN. I do.
it is not always sane, and I might say that most usually it is
Mr. DIXON. I well remember the occasion to which the
“--''n ot sane. [Laughter.]
Senator
refers. Will he be kind enough to inform the Senate
Mr. OWEN. I shall not take issue at present with the Sena
tor from Kentucky or the Senator from Idaho as to the sanity how the vote stood, politically speaking, for and against his
of the representatives of the people in the legislature of Ken resolution? Did not a majority of the Democratic Senators
also vote against the resolution?
tucky or of Idaho.
„
""'Mr. OWEN. Mr. President, has the Senator finished his
Mr. PAYNTER. Mr. President-----The VICE-PRESIDENT. Does the Senator from Oklahoma question ?
Mr. DIXON. Yes.
yield to the senior Senator from Kentucky?
Mr OWEN. I have inserted already in the Record the entire
Mr. OWEN. I yield to the Senator from Kentucky.
vote,
showing 3 Democrats and 30 Republicans opposed, with
Mr. PAYNTER. I should like to know if my colleague from
9
Democrats and 11 western Republicans favoring action on
Kentucky, when he said the legislature of Kentucky was not
always sane, had reference to the legislature that assembled my resolution.
The right of the people to elect Senators ought not to be
about two years ago. [Laughter.]
Mr. BRADLEY. I had not; but I did have reference to the denied, and the party leaders who are unwilling to trust the
people to elect Members of the Senate ought not to be trusted
legislature that elected my colleague. [Laughter.]
f
1910.
CONGRESSIONAL RECORD—SENATE.
7111
>es^ The
i
power, because the Senate can block and actually doei
“ steam roller ” is not an emblem of representative free
block every reform the people desire.
government of a free people.
th e Senate has frequently been used to obstruct the will o^ r * Mr. CHAMBERLAIN. Mr. President-----Jhe people, and especially the w ill of the people to elect Senators
The VICE-PRESIDENT. Does the Senator from Oklahoma
by direct vote.
yield to the Senator from Oregon?
L 1
then and I will have to-day the efficient opposition of •*Jtfr. OWEN. Yes.
line Republican managers of the Senate, who do not listen to the
Mr. CHAMBERLAIN. In that connection, is it not a fact
K lc® of the people, even if they believe in i t The Senator from that, notwithstanding the action of the national Republican
node Island, for example, the acknowledged leader, has an convention, President Taft, in his letter of acceptance, expressed
r~' ironment that unfits him to believe in the wisdom of popular his belief in the doctrine of the election of Senators by direct
government, because in Rhode Island, under an unwise and vote of the people?
Pjfcfiaic mechanism the government of the State is said to be /'M r . OWEN. I believe that is true, and I believe that the
p o l l e d by about 11 per cent of its voters and what might 'great body of the Republican citizens of the country believe in
f iriy be called a party machine, which is under the powerful it as much as I do. The great body of our people are per
I '"'nation of commercial interests. I do not say this in any fectly upright and straightforward, no matter what party they
| !yUSe as a reproof, because I believe each State must determine ^belong to.
,
I i .s. °JVU nianagement, but as an historical observation, which I ^-Mr. GALLINGER. Will the Senator permit me?
! i , * 's accurately made, and as showing the important need of
The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from New Hampshire?
'rh0VeUlent in our system
government.
•he Senator from Rhode Island, in answer to my presenta- —Mr. OWEN. I yield.
f j?1 the resolutions passed by the various 27 States, asked the
Mr. GALLINGER. Will the Senator from Oregon give us
oiiowing illuminating question of m e:
^ __________
_____A
iur5Ulien
that extract from the
letter of acceptance?
I have
forgotten i t
gan/A jtnDBicn. Does the Senator from Oklahoma understand that a /'M r . OWEN. With the consent of the Senate, I w ill insert it)
tare?
13 bound t0 vote according to the instructions of his l e g i s l a - ^ my remarks? so that it w ill appear in the R ecord.
Mr. GALLINGER. I should like to have it read now.
n . frpe I answered in the negative, as a mere legal proposition,
Mr. CHAMBERLAIN. I simply state it now entirely from
a ^ rtfreless I do think that when the opinion of the people of memory. I have not it with me, but I recollect very distinctly
t i ate is thoroughly well made up a Senator ought not only that there was an expression from the President favorable to
efr.* K)und ,)y 't> but that he ought to feel glad to carry into that proposition.
to * the
° t the people whom he represents, and ought not /S ir . OWEN. Mr. President, I have great personal respect•
than+ kUP for fr'mself a knowledge or an understanding greater
or very many of the representatives of the great party the
*■ * that of the people of the entire State who have sent him as Icoutrol o f which by machine methods I am assailing on the floor
f lr representative. I believe that the w ill of the people is of this body, and do not wish to appear to say anything that
divi f 10le nearly right, in the main, than the will of any in- would imply the contrary. I am assailing a bad system of
trano?*11 statesman who is apt to be honored by them with a government, which leads to evil, and not assailing individuals,
»Dt t k y Seat in tlie Senate; tJiat tlie wIl0le people are more
r desiring to do so.
a s ! .,!
sa.f e. an<t sane, more apt to be sound and honest than
I do not approve machine methods in the Senate, in the House
r P'u „ individual. At all events, I feel not only willing, but
r in the management of parties, because it leads to absolute
S t 't ,
desire to make effective tlie w ill of the people of my
ad government and gives peculiar opportunity.
jj ' ,• I believe in popular government, and I believe that the
The Democratic party, representing about half of the voters
i'j0 ai'e more conservative, more “ safe and sane,” and more
the United States (6,409,104 voters), in its national platform
aPt to do right in the long run than ambitious statesopted at Denver, Colo., July 10, 1908, s a y s :
n temporarily trusted with power,
We favor the election of U n ited S ta tes S en a to rs by direct v o te o f th e
of
** submit, Mr. President, the direct evidence and record
*>ple, and regard th is reform as th e gateway to other national reforms!
Dro > pubIic opinion of the people of the United States as exIn like maimer the Democratic national platform in 1900 had
r>art
through their legislatures, or by the voluntary act of
dared for—
on tn reftul:itions in instructing candidates for the legislature
in ;, 10 Question of the election of United States Senators, or by | Election of United States Senators by the direct vote of the people
jfcd we favor direct legislation wherever practicable.
‘ p u*
"airy laws as far as they apply.
B ‘ "U l.be thus seen that Democratic States and Republican
And in 1904 repeated the doctrine:
in thT alil£e> w est of the Hudson River, have acted favorably
W e favor th e electio n o f U nited S ta te s S en a to rs by th e d irect v o te
Practically without exception. Only eight or nine
the people.
1ave failed to act, and I do not doubt that if the voice
The platform o f the Independence party, adopted at Chicago
e People of these States of New England, o f New York, Maryn,H ( 1111,1 Delaware could find convenient expression, free from ,111., July 28, 1908. declared for direct nominations generally’
gL *'n® Politics, every one of them would favor the election of [and further made the following declaration:
t0 /
fry direct vote, and would favor the right of the people , W e ad vocate the popular electio n o f U nited S ta te s S en a to rs and of
judges, both sta te
M
* * and any c o n s titu tio n a l am end
at» „ !ct tlle'r representatives in Congress and in the Sen- Im
eut n ecessary to th ese en d s.
“ |
A ihVh right which they enjoyed from the beginning of the
The platform of the Prohibition party, adopted at Columbus
Htiiot-i, an, Republic down to the days when this right was
n ifin a g * 3 an<i destroyed by the convention system of party Ohio, July 16, 3908, made the following its chief plank after
the prohibition question, to w it:
o f .ill °'!Iy ffre States have acted almost unanimously in favor
T he election o f U nited S ta tes S en ators by d irect v o te o f th e people.
try u„ riffbt of the People, but all the great parties of the counThe platform of the New York Dem ocratic League, adopted
nnd
declared in favor of it, except the Republican partv,
.
IIS rmrfvr
vta
av» Jf rvtrAAiit____
at Saratoga, N. Y., September 10, 1909, declares for the—
Wheimi'n
p?rty WAnl/l
would l\o
have
declared ffor
it except for the overE lectio n of U nited S ta te s S en a to rs by th e d irect v o te o f th e people.
taanagenf““”11,1"nC^ anrl domination of machine politics in the
The platform of the People's party at Sioux Falls (19001
fr-'slifnfllent of that party and the prevalence of so-called
nnuence. And this is demonstrated by the fact that contained the following declaration:
tiieS infll
°rV cu^f>nA jority of the ^ p u b lica n States, by the resolutions
W e dem and th a t U n ited S ta tes S en a to rs be elected by d irect v o te a t
that rI vJ . , r legislatures, have declared in favor of it, and th e people.
frean hv «
the IIollse o f Representatives, when RepubThe American Federation of Labor, consisting of 118 national
o C o L li
, tllW s vote’ passed a resolution to submit such and international unions, representing, approximately 27 000
J
tntional amendment.
lican ^ uble is the machine has gotten control o f the Repub- local unions, 4 departments, 38 branches. 594 city central unions
form it anaRernent of the Senate and can thus block every re- and 573 local unions, with an approximately paid membership
of 2,000,000 men, representing between eight and ten millions of
l f I " i eol le want- rphe insurgents insurge in vain.
with 245 papers, have declared repeatedly in favor
ei * er correct,y- l he Senator from Wisconsin [Mr. L a Americans,
tbi8 issitJ’ a t 3 e last national Republican convention, raised of tlie election of Senators by direct vote of the people.
The National Grange, comprising the Association of Farmers
Put in th
t le floor o f tlie convention, and the proposal to
r*H»t Vota<i Republican platform the election o f Senators by di- in the Northeast and in Central States, including nearly evely
Maine and, in the. .New .England
States,
P en i«f a
d* the people was defeated by the powerful influence farmer in . —-----------J
M and in--------Itk..if j. :*ca] niachine, which, on that occasion, m anifested! sylvania and Ohio and Michigan, the Society of E quity and the
ii.... .
tfle delegates there present—a machine so obviously
Farmers' Educational and Cooperative Lnion of the West and
* as to excite the term of derision—u the steam roller.”! South, and altogether representing the organized farmers of the
~
f
I
1
7112
CONGRESSIONAL RECORD—SENATE.
entire United States, have declared in favor of the election of
Senators by direct vote of the people. In this group of people
our census of 1900 disclosed 10,438,218 adult workers and prob
ably 45,000,000 people.
,
The State of Iowa in a joint resolution of April 12, 1909,
makes the following statement:
May
___
3i
>
■n. The Vice President of the United States shall u
he shall be chosen
_ Senate, but shall have no vote unless they be eouaii,
President of the
divided. The Senate shall choose their own officers, and also a
dent pro tempore in the absence of the Vic^-l resilient, or when he s!!all
exercise the office of the President of the United States.
—
Cri.J
Mr. HEYI3URN. Will the Senator permit me to interrupt
him here?
.
.
The VICE-PRESIDENT. Does the Senator from Oklahoma
,vh. M S +he failure of Congress to submit such amendment to the
yield
to
the
Senator
from
Idaho?
States” *! made it clear that the only practicable method of securing
submission of such an amendment to the States is through a coDStltSj.
Air. OWEN. Yes.
Honal convention to be called by Congress upon the application of the
Mr. HEYBURN. The Senator said a moment ago that the
legislatures of two-thirds of all the States—
Senate was the bulwark against popular clamor, and then he
And the legislature of Iowa therefore resolved in favor of a suggests that the popular clamor of the country demands thig
constitutional convention, in effect, because of the neglect and action. Shall the Committee on Privileges and Elections ,je.
refusal of the Senate of the United States to perform its ob termine which constitutes popular clamor, undertake to sift it
vious duty in the premises, the lower House having, by a two- down? What is it the committee is expected to do?
thirds vote on four previous occasions, passed a resolution f-Mr. OWEN. They are expected to comply with the registered
providing for the submission of such a constitutional amend- ^-ill of the great body of the American people.
Mr. HEYBURN. Is that the popular clamor the Senator
U1Irf' the speech of the Hon. William H. Taft accepting the referred to? If so, the Senate----Republican nomination for the office of President of the United^ *»Mr. OWEN. I will answer the Senator’s questions, and one
States at Cincinnati, Ohio, on July 28,1908, he said:
question at a time.
With respect to the election of Senators by the people, personally I
Mr. HEYBURN. If so, the Senate is to stand as a bulwark
am inclined to favor it, but it is hardly a party question. A resolution
, _
in its favor has passed a Republican House of Representatives several aagainst that.
times, and has been rejected in a Republican Senate by the votes 9*"+*
•* Mr OWEN. I have no objection to the Senator recording hig
Senators from both parties. It has been approved by the legislatures views in this particular in the body of my speech. I leave big
of many Republican States. In a number of States, both Democratic
views on this question to the people of Idaho.
and Republican, substantially such a system now prevails.
Mr HEYBURN. I left it to them. I would say here, I ief).
The President justly says it is hardly a party question, and
that personally he is inclined to favor i t ; that a resolution in it with them, with the plain, square declaration that I Wa,
it, and if they wanted a man who was for it they comfl
its favor has passed a Republican House of Representatives against
„„--------_ v ____ i,~.1„ rtlo/v /lAtvn hfArp
several times, but has been rejected in a Republican Senate by send somebody else down here
- im\ OWEN
yj iv ini'!. When a matter has been long entertained by
votes
Senators from both parties;
that it-----has been approvOTT^Mr.
vuies of
ujl
----_ ocuaiuio of many T
V.....---->
1. 1 !__ C
O-n4-/vn • nevertheless, it the people of the United States, when legislature after legi8ia.
by the legislatures
Republican
States;
ture
year
after year, after consideration of this matter, aftGr
is perfectly obvious to the country that any action by the Sen
ate in favor of complying with the wrill of the people of the debate, one after another registers its will in favor of an im.
United States in this connection will be rejected. I naturally proved system of government, it can no longer with any pro_
ask under the circumstances, since the Democratic party is pi-Iety be called “ popular clamor,” a term used by the Senator
fully committed to it, since many Republican States favor it, from Idaho and improperly attributed by him to me. It is the
since a Republican House of Representatives has passed a reso recorded will of the people separate and apart from clamor
lution in its favor several times, since a Republican President is deliberately entered into State by State, and it is entitled to bG
inclined to favor it, Why can the people get no action? I natu complied with and not derided as popular clamor.
For the obvious purpose of preventing the submission of the
rally ask under the circumstances, Do the people rule, or are
they ruled by machine rule unduly influenced by commercial constitutional amendment for the election of United States
Senators by direct vote of the people, as proposed by me May
interests ?
This expression of the disappointment of Iowa in the Senate 21 1908 (S. Res. 91), the Senator from New York [Mr. D epEWi
of the United States is emphasized in a more vigorous manner on May 23, 1908 (R ecord, p. 7115), submitted the following pro.
by the platform of the Socialist party adopted at Chicago, 111., posal as an amendment to the proposed constitutional amend,
May 13, 1908, which submitted as one of their political ment at that time before the Senate, to wit:
The qualifications of citizens entitled to vote for United States Sen*,
demands:
tors and Representatives in Congress shall be uniform in all the State,
The abolition of the Senate.
(Votes, 420,793.)
A declaration of political opinion that I am informed was
reiterated in the new platform adopted on May 28, 1910—only
three days ago.
Mr President, the Senate of the United States is one of the,
substantial bulwarks of the Government against sudden popular;passion or hasty opinions of the people. Its strength in this
: particular is well known.
Its weakness is in disregarding the matured will of the people
of the United States in matters of national importance, obstruct
ing national reform, and being regarded by the people as too
greatly influenced by organized special interests against the
policies needed and desired by the people.
I think it is no exaggeration to say that nine-tenths of the
people of the United States are in favor of the election of United
States Senators by direct vote of the people. I shall therefore
move at the conclusion of my remarks that the Committee on
Privileges and Elections be instructed to report Senate joint
resolution 41, introduced by me on July 7, 1909, as follows,’
to wit:
and Congress shall have power.to enforce this article by appropnatlegislation and to provide for the registration of citizens entitled to
vote, the conduct of such elections, and the certification of the result.
The transparent purpose of this proposed amendment was to
prevent the submission of Senate joint resolution 91 for the
election of Senators by direct vote of the people, as the Senator
from New York well knew that Senators could not agree that
their States should relinquish their right to control the election
in their own borders for any purpose whatever. His proposal
knowing his amendment to be impossible, is merm.!
an obvious strategy of obstruction, showing a purpose on his
p art not to establish his proposed amendment, which he knew
to be impossible, but to defeat the m ain proposition o f election
of Senators by direct vote and to obstruct popular government
The Senator from Pennsylvania [Mr. P enrose 1 offered a simp
jar obstruction in the following proposed amendment, which he
well knew would not be agreed to, because there was no public
demand for it, and because the small States by which Pennsyi.
vania is surrounded—Delaware, New Jersey, Maryland, West
Virginia, and the New England States—would never agree to
it and because he knew no one wished to enlarge the Senate a8
Senate joint resolution 91, proposing an amendment to the Constitution a body. The amendment proposed by the Senator from Penn.
of the United States.
Resolved bv the Senate and House of Representatives of the United sylvania [Mr. P en ro se ] is as follows:
<ztntes nf Americain Congress assembled (two-thirds of eachHouse con
rurrina therein)
That the following article be proposed to the legis
latures of the several States as an amendment to the Constitution of
the United States, which shall, immediately after the passage of this
resolution be submitted by the President of the United States to the
Governors ’ of the several States of the Union, and when ratified by
three-fourths of the state legislatures, each article shall be valid to all
intents and purposes as a part of the said Constitution, namely:
“Akt 16 The Senate or the United States shall be composed of two
Senators from each State, chosen by the electors thereof for six years,
and each Senator shall have one vote; and the electors in each State
shall have the qualifications requisite for electors of Members of the
House of Representatives. They shall be divided as equally as may be
into three classes, so that one-third may be chosen every second year,
and if vacancies happen, by resignation or otherwise, the governor may
make temporary appointments until the next regular election in such
State No person shall be a Senator who shall not have attained the
age of thirty years, and been nine years a citizen of the United States,
and who shali not, when elected, be an elector of the State for which
A rt. 16. The Senate of the United States shall be composed of t»ft
Senators from each State, and each State shall have additional Senator*
in Dronortion to its population, based upon a proportionate excess of
nonulation beyond that of the State having the lowest population !n
the last decennial census, but no State shali have more than 15
Senators.
Mr. President, neither of these proposals, the one by the
Senator from New York [Mr. D e p e w ] nor the one by the
Senator from Pennsylvania [Mr. P en ro se ], have ever been
heard of since they were offered as an amendment to my pro.
posal, joint resolution 91 of the last Congress. I call the attem
tion of the Senators again to this matter, so that they may not
lose an opportunity to put their views on record for the in.
formation of the people of the United States, who shall th o r
oughly understand the management and purpose of those (»
19 10 ,
C O N G R E S S IO N A L
RECORD— SENATE,
7113
control of the affairs of the Republican party, and therefore in Chapter VII— Senate joint resolution No. 2— Relative to the election
of United States Senators by direct vote of the people.
control of government.
Mr. President, I now submit the resolutions or abstract of
Whereas section 3 of Article I of the Constitution of the United
States provides that
the Senate of the United States shall be com
U)"-S.i0f
states, over three-fourths of the States of the Union, posed
of two Senators from each State, chosen by the legislature
d men have shown themselves as favoring election of Senators thereof, for six y e a rs; ” and
Whereas the present system for the election of United States Sen
> direct vote of the people or by direct nominations, either by
ators is subject to severe public criticism and divided public opinion
Lese resolutions or by actual practice in primaries.
arising from various ca u ses: Therefore, be it
i know that the leaders of the Republican party in the United . JuJolv,c<} 1>
Vthe senate of the State of California, and the assembly,
grates Senate will refuse to comply with the express desire of jointly, That our Senators in Congress be instructed, and our Repre
sentatives
be
requested, to vote for the submission of an amendment to
'er tliree-fourths of the States in this matter, but they ought the Constitution
of the United States providing for the election of
- 1 t 0 understood by the people of the United States to have Senators by the direct vote of the electors of the respective States
R
esolved,
That a copy of these resolutions be transmitted to our
*n ignorance, and for that reason I propose to insert
j. tne R ecord the attitude of the 37 States that favor the elec- Senators and Representatives in Congress.
T hos . F lint , Jr.,
°n of Senators by direct vote of the people, and merely ask
President Apro
tempore of the Senate.
Tne simple question:
lden And erso n ,
Speaker of the Assembly.
Do the people ru le?”
A ttest *
As it would take considerable time to read all these resoluC. F. Curry, Secretary of State.
1*nis.’ I ask the consent of the Senate to insert them without
The people of California nominate United States Senators by
ending except in so far as they may be needed,
the VICE-PRESIDENT. Without objection, the request is direct nomination through primary. (Primary laws. Manda
grunted.
tory in cities over 7,500, elsewhere optional; 1901, chap. 198;
1903, chap. 44; 1905, chaps. 179, 3G6; 1907, chaps. 340, 352.)
1'he matter referred to is as fo llo w s:
House joint resolution 36. By Mr. Bulger,
thn* eiTeas Article V of the Constitution of the United States provides
necpc. enever two-thirds of both Houses (of Congress) shall deem it
o r „„Sary’
Congress shall propose amendments to the Constitution;
shall a?Pl*cation of the legislatures of two-thirds of the several States,
a convention proposing amendments, which in either case
valid to all intents and purposes ; and
the r-e^5af t,he legislatures of 27 States have applied to the Congress of
the riP1
^tates for the submission to the States of an amendment to
dircnVm st‘tutlon providing for the election of United States Senators by
Tote of the Pe°Ple : Therefore be it
bamnriV*
the concurring),
house of representatives of the legislature of Ala-
UnftLt D"® senate
That the Sixty-first Congress of the
hv t h . i i ,
*s requested, and by this resolution application is made
S'tnfAn legislature of the State of Alabama to the Congress of the United
in J ts sixty-first session, to submit to the several States an
Sfafp ^,ent to the Constitution providing for the election of United
pr Senators by a direct vote of the people,
ciei-t '
That a copy of this resolution be certified bv the
Jin,,. or
and secretary of the senate to the Speaker of the
louse and the President of the Senate of the United States.
°y ru s B. Brown, clerk of the house of representatives of the legof t H e of Alabama, special session, 1909, and .lames A. Kyle, secretary
th« e senfRe ° f Alabama, special session, 1909, do hereby certify that
Pa?e, hereto attached contains a true, accurate, and literal copy of
h v i S D in t resolution No. 36, introduced in the legislature of Alabama
A inHon- Thomas U. Bulger, representative from Tallapoosa County
as the same appears of record in our respective offices. We do
certify that the said house joint resolution No. 36 has been
“copied by the house of representatives and senate of Alabama at th*
“P?0 ’al session of the legislature of Alabama for 1909.
T_ lvltness our hands this 10th day of August, A. D. 1909, and of the
naependence of the United States of America the one hundred and
mirty-fourth year.
Cyrus B. B rown,
further,
Clerk of the House of Representatives of Alabama.
J. A. K yle.
Secretary of the Senate of Alabama.
COLORADO.
An net requesting the Congress of the United States to call a conven
tion for proposing amendments to the Constitution of the United
States, and urging an amendment to section 3, Article I, of the Con
stitution of the United States, which amendment shall provide for
the election of United States Senators by a direct vote of the people
of each State.
Be it enacted by the general assembly of the State of Colorado:
S e c t io n 1. Pursuant to Article V of the Constitution of the United
States, application is hereby made to the Congress of the United States
by the State of Colorado and the legislature of said State of Colorado
to call a convention for proposing amendments to the Constitution of
the United States.
S ec. 2. The general assembly of the State of Colorado desires to pre
sent and urge before the convention to be called, as provided in section
1 of this act, an amendment to section 3, Article I, of the Constitution
of the United States, which shall provide for choosing Senators of the
United States by the voters of each State, in lieu of the provision of
said section 3, Article I, which requires th at Senators of the United
States shall he chosen in each State by the legislature thereof.
S ec. 3. The secretary of the State of Colorado shall transm it one
copy of this act to the President of the United States, one copy to the
President of the Senate of the United States, one copy to the Speaker
of the House of Representatives of the United States, and one copy to
the governor of each State, to the end th at appropriate action may he
had and taken by the Congress of the United States whenever and as
soon as two-thirds in number of the States of this Union shall make
sim ilar application.
Approved April 1, 1901.
I, Alfred C. Montgomery, secretary to the governor, State of Colo
rado, do hereby certify th at the above and foregoinc is a full, true,
and complete copy of senate bill No. 13, by Senator Parks, asking for
a constitutional convention to amend the Constitution of the United
States providing for the election of United States Senators, as the
same is found on pages 115 and 116, in the Session Laws of Colorado,
1901.
A l f r e d C. M o n tg o m e r y .
Colorado primary laws, 1887, page 347. Mandatory; state
w id e; rudimentary.
Connecticut primary laws, 1905, chapter 273; 1907, special
acts, chapter 321.' Rudimentary general law ; optional direct
primary law for Manchester.
ARKANSAS.
Delaware primary laws, 1897, chapter 393; 1903, chapter 285.
Rouse concurrent resolution No. 17.— Making an application to the Con M andatory; lo ca l; direct or indirect.
The people of Alabama nominate United States Senators by
voluntary party regulations. (Primary law s; optional; state
Wide; direct; 1903, p. 356.)
Arizona primary laws, 1905, chapter 68. Mandatory; state
Wide; convention system.
gress of the United States to call a convention to propose an amend
ment to the Constitution of the United States to provide for the elec
tion of United States Senators by a direct vote of the qualified electors
of the several States.
Be it resolved by the house of representatives and senate of the ge,
\ral
assembly of the State of Arkansas, That the legislature of the sal
ptate of Arkansas, on behalf of the said State, hereby make applicatioi
in accordance with the provisions of Article V of the Constitution <
•be United States, to the Congress to call a convention to be compose
of delegates from the several States of the Union, which conventio
When assembled shall propose as an amendment to the said Constiti
tjon a provision whereby Members o f the United States Senate shall l
elected by a direct vote of the qualified electors of the several States.
That a certified copy of this resolution shall be immediately tram
nutted by the governor to the President of the United States, to be b
him presented to the Congress of the United States.
Approved April 25, 1901.
The people of Arkansas nominate United States Senators by
voluntary party regulations. (Primary laws, 1905, chap. 328.
Optional; rudimentary.)
CALIFORNIA.
State
of
Ca l if o r n ia ,
Department of State:
I, C. F. Curry, secretary of state o f the State of California, do hereby
certify that I have carefully compared the annexed copy of Senate joint
resolution No. 2, Statutes of 1900, with the original now on file in my
office, and th at the same is a correct transcript therefrom and o f the
whole thereof. Also, that this authentication is in due form and by
the proper officer.
„ Witness my hand and the great seal of State, at office in Sacramento,
Cal., the 10th day of April, A. D. 1908.
[ s e a l .]
C. F. C urry ,
By J. I I o e s c h ,
DSecretary
eputy. of State.
FLORIDA.
The people of Florida directly nominate United States Sena
tors under protection of law of 1901. (Florida primary laws,
1903, chap. 5014; 1905, chap. 100; 1907, chap. 5613. Optional;
state wide; direct or indirect.)
GEORGIA.
The people of Georgia, by voluntary party regulation through
a primary protected by law, instruct the legislature in the se
lection of Senators. (Georgia primary laws, 1890-91 n 2101900, p. 40; 1904, p. 97. Rudimentary.)
’
/ Mr. OWEN. I will read the resolution of Idaho, how ever?
IDAHO.
S t a te
of
I daho,
Department of State:
I; J {obArt. L?,?sdon’ secr,etary of state of the State of Idaho, do hereby
certify th at the annexed Is a full, true, and complete transcript of
senate joint memorial No. 2 by committee on privileges and elections,
which was filed in this office the 27th day of February, A. D„ 1901, and
admitted to record.
In testimony whereof I have hereunto set my hand and affixed the
great seal of the State. Done at Boise City, the capital of Idaho, this
14th day of March, A. D. 1908.
[ s e a l .]
Mr. HEYBURN.
being read?
R obert L a n sd o n ,
Secretary of State.
Is that the memorial of Idaho which is
7114
M ay 3i
CONGRESSIONAL RECORD—SENATE.
Constitution of the United States, as provided^ for in said Article V .
Mr. OWEN. I am about to read it now:
Joint memorial
the
the pnrpoj of
f f p l d e for the election of
P ?^ dent VTMi-Presldent, and United States Senators by direct vote
of the people.
.
„ lal™ number of the state legislatures have at various
tlJSs adopted memorials and resolutions in favor of election of Presi
dent8 Vice-President, and United States Senators by popular vote; and
d w w A V th e National House of Representatives has on four separate
Whereas the
vears adopted resolutions in favor of this proS
l rf?anieth£
m eth^ of Meeting the President, Vice-President
P°®f?T
Senators which were not adopted by the Senate; and
“ w K s A r tW e V ^ fU ie C o^titutionof theU nited States provides
that^ormress, on the application of the legislatures of two-thirds of
iho«ov°iral States shall call a convention for proposing amendments,
and beltevta* there !s a general desire upon the part of the citizens of
the State of Idaho that the President, Vice-Fresidcnt, and Unlted States
qonntnrs should be elected by a direct vote of the people: Therefore,
b
That the legislature of the State of Idaho favors the
•uiirntion of air amendment to the Constitution which shall provide for
the election of President, Vice-President, and United States Senators by
^ nulnrvote? and joins with other States of toe Union in respectfully
requesting that a convention be ealled for the purpose of Pr?P°f*5^. ”,!!
amendment to the Constitution of the United Series, as provided for in
Article V of the said Constitution, which amendment shall provide for
a change In the present method of electing President, Aice-President,
and United States Senators, so that they can be chosen in each State
Be if3resulted,
Resolved
anL s eolvedUThea t the secretary of state do furnish to the President of
the Senate* of the United States and to the Speaker of the House of
R epresentatives of th e U n ited States to each one copy of th is resold
tion, properly certified under the great seal of toe State.
Adopted by the senate February 10, 1903. y ^ pADn0CKi
Secretary
of the Senate
W. A. Northcott,
President of the Senate.
Concurred in by the house April 9, 1903.
J nq A
Clerk of the HouJseo hofn R
epresentatives
H. M il le r ,
Speaker of the House of Representatives.
The people of Illinois now directly nominate United States
Senators under the protection of the law of 1008. (Illinois pr[.
mary laws, 1908. Mandatory; state wide; direct.)
Indiana passed a similar resolution, only it relates to United
States Senators alone.
S tate
I ndiana ,
of
Office of Secretary of State:
T Fred A. Sims, secretary of state of the State of Indian a, and being
the’offieer who under the constitution and laws thereof is the custodiau
of the enrolled acts of the general assembly, do hereby rertify that the
io n full true and complete copy of the house joint resoln
tion No
approW March 11, l& T, and filed In the office of the
£
H
That°a copyPof tills joint resolution and application to Con
re inrytestimony whereoifT have* hereunto set my hand and affixed the
gress for the calling of a convention be sent to the secretary of
of each of the United States, and that a similar copy be sent to the sea! of the State of Indiana, at Indianapolis, this 19th day of March,
President of the United States Senate, the Speaker of the House of 1908.
F red A. S im s ,
Representatives, and our Representatives in Congress.
[ seal .]
This senate joint memorial passed the senate on the 14th day oi
F rank L G rubbs ,
February, 1901.
T h 0 8 . p . t er b e l l .
Secretary of State
deputy.
President of the Senate.
This senate joint memorial passed the house of representatives on the
21st day of February, 1901.
GLKrN P. McK inley,
Speaker of the House of Representatives.
This senate joint memorial was received by the governor on the 26th
day of February, 1901, at 5 o’clock p. m„ and approved on toe 26th
day of February, 1901.
F rank W. H unt,
I hereby certify that the within senate joint memorial No. 2, en
titled “A M e m o ria l requesting Congress to call a^ convention for_ the
nurnose of proposing an amendment to the Constitution of.the Inited
States which amendment shall provide for the election of President
Vice-President, and United States Senators by direct vote of toe people,
originated in the senate of Idaho during the sixth session.
Governor.
WM. V. H e l f r ic h ,
Secretary
of the Senate.
proved March 11, 1907.)
Whereas we believe that Senators of the United States should b<>
^ W ^ r e i^ to ^ u fh ^ fz e ^ u c b ^ h e c t election an amendment to the ConStiWhcreaf the failure
to th»
States has made it clear that the only practicable method of securing
a submission of such amendment to the States is through a constity
Uon“ l contention, to be called by Co^ress upon the application of th*,
legislatures of two-thirds of all the States. inereiore
^Section 1 B e
0f
t
That the legislature of the State of Indiana hereby makes
to the Congress of the United States, under Article V of
plication to the l. ft
states to call a constitutional convent!.
of Die united
Sfc 2 That: this resolution, duly authenticated, shall be deliver^
* !. '.ij.
+v.q President of the Senate and Speaker of the House o#
Renre^ntatlves of The United States, with the request that the £ *
shall be laid before the said Senate and House.
In d iana primary laws, 1907, chapter 2S2. Partly mandatory,
liana
l ,Uiltu.n
it resolved by the general assembly of the StatesJ
Mr. HEYBURN. Mr. President----The VICE-PRESIDENT. Does the Senator from Oklahoma
ield to the Senator from Idaho?
Mr OWEN. I yield.
Mr HEYBURN. I trust the Senator from Oklahoma will
yield' merely that I may say that while that is certified by tbe
Republican secretary of state, the certificate is of a resolution partly optional; local; direct.
IOWA.
passed bv a Democratic legislature. McKinley was the speaker
of the house but it was a Democratic legislature, and the reso State of I owa, Secretary of State:
T W O Hayward, secretary of state of the State of Iowa, do hcrpi>»
lution does not represent the Republican views of Idaho. That
. ' i . t h e attached instrument of writing is a. tiue and correct
certify that the attacueu m
making application to the Uni?*,!
States^Congress°to1
ca?l convention for proposing amendments to t g
•ffijIjA OWEN.U11 am willing to let the Republican views of
Constitution of the United States Adopted by the thirty-second
Idaho be represented by the Senator from Idaho.
assembly of the State of Iowa March 12, A. D. 1907, as the Siu£
Mr HEYBURN. Yes; but I was not going to give the Re
publican views on this occasion. I stand ready to give them at aPInatMt0lmony°whMcotfllI h ave ' hereunto set my hand and affixed th*
i nf the secretary of state of the State of Iowa.
l0 *
any tim e; but I did not want the impression to go out that that „ JDone
a t Des Moines, the capital of the State, April 20, 1908.
was the action of a Republican legislature.
W. C. Hayward,
Mr OWEN. The people of Idaho directly nominate United
[ seal. j
Secretary of state
States Senators. (Idaho primary laws, 1903, p. 360. Manda
Senate Joint resolution 2 .— Making application to United States Contory; state wide; rudimentary.)
ILLINOIS.
To all to whomthese presents shall come, greeting:
T Tames A Rose, secretary of state of the State of Illinois, do hereby
certify that the following and hereto attached is a true copy of senate
lo nt resolution No. 5 of the forty-third general assembly, adopted by
the senate February 10, 1903, and concurred In by the house April ?,
1903 , the original of which is now on file and a matter of record in this
0flTn'testimony
hereto
and causea to
affixed
in testimony whereof IDone
a(. set
^ my
cityhand
of Springflel(i
la be
10to
day
the great seal of State,
of March, A. D. 1908.
[ seal .]
J ames A. Rose,
Secretary of State.
w hereas hv direct vote of the people of the State of Illinois at a gen>rsU efeefion held in said State on the 4th day of November, A. D. 1902,
t w as voted that th is general assembly take the necessary steps under
Article V of the Constitution of the United States to bring about the
lection of United States Senators by direct vote of the People; and
Whereas Article V of the Constitution of the United States provides
hat on the application of the legislatures of two-thirds of the several
Rates the Congress of the United States shall call a convention for
j r o p o s i n g amendments: Now, therefore, in obedience to the expressed
viil of the people as exnressed at the said election, be it
Resolved 6y the senate (the house of representatives concurring
That application be, and is hereby, made to the Congress of the
Tnited States to call a convention for proposing amendments to toe
le r e in ),
greVs to call convention for proposing amendments to the Constitution
of toe United States.
Whereas we believe that Senators of the United States should be
elected directly by the voters, and
Whereas to authorize such direct election an amendment to the Con.
stitution of the United States is necessary; and
Whereas the failure of Congress to submit such amendment to th*
States has made it clear that the only practicable method of securing !
submission of such amendment to the States is through a constitution,
convent on, to be called by Congress upon the application of the k-gUu
tures of two-thirds of all the S t a t e s : Therefore
Be
That
the legislature of the State of Iowa hereby makes application to "ho
Congress of the United States, under Article V of the Constitution of
the^United States, to call a constitutional convention for proposing
amendments to the Constitution of the United States.
«
Sfc 2 That this resolution, duly authenticated, shall be delivered
forthwith to the President of the Senate and Speaker of the House 0,
Representatives of the United States, with toe request that the samer
shall be laid before the said Senate and House.
Approved Marcii 12, A. D. 1907.
it resolved by the general assembly of the State of Iowa,
State op I owa,
Secretary of State:
I W C. Hayward, secretary of state of the State o f Iowa, do herni-y
certify 'th a t the attached instrum ent of w riting is a
and eorre, t
1910.
CONGRESSIONAL RECORD—SENATE.
assem bly and approved by th e governor A pril 12, A. D . 1900, as
’ , 8a me ap pears o f record in th is office.
,n testim on y w h ereof I h ave h ereun to s et my hand and affixed the
se,u of the secretary o f sta te of th e S ta te of Iow a.
JJone a t D es M oines, th e cap ital o f th e S tate. A pril 24, 1900.
l SEAL-]
W. C. H ayward,
S e c re ta r y
o f S ta te ,
By
D e p u ty .
7115
The people of Kansas now directly nominate United States
Senators under the protection of the law of 1908. (Kansas
primary laws, 190S, chap. 54. Mandatory; state wide; direct.)
KENTUCKY.
R esolu tion fa v o rin g a change in th e C o n stitu tio n o f th e U n ited S ta tes
so as to provide fo r th e electio n o f S en ators in th e C ongress o f th e
U nited S ta te s by popular vote.
W hereas a large num ber o f sta te le g isla tu res h a v e a t v a rio u s tim es
adopted m em orials and reso lu tio n s in fa v o r o f electio n o f U n ited S ta tes
S en ators by popular v o te ; and
W hereas th e N a tio n a l H ouse o f R ep resen ta tiv es h a s on fo u r sep arate
occasions w ith in recent years adopted re so lu tio n s in fa v o r o f th is pro
posed ch an ge in th e m ethod o f electin g U n ited S ta te s S en ators, w hich
w a s n ot adopted by the S e n a t e ; and
W hereas by reason of alleged corruption and frau d and th e corrupt
u se o f m oney th e electio n o f U nited S ta te s S en a to rs in sev era l S ta tes
have been p revented and by deadlocks sev era l S ta tes h ave fa ile d to
elect S en ators and in a number o f in sta n c es th e w ill o f th e people pre
ven ted ; and
W hereas A rticle V o f th e C o n stitu tio n o f th e U n ited S ta te s provid es
th a t C ongress, on th e a p plication o f tw o -th ird s of th e sev era l S ta tes,
sh a ll ca ll a con ven tion lo r p roposing am endm ents, and b eliev in g th ere
is a gen eral desire upon th e p a rt o f th e people o f K entu ck y th a t U nited
S ta tes S en a to rs should be elected by th e people,
House Joint resolution 9.
Joint
lHn nreSO*u,^ on
tee thirty-third general assembly of the State of
In«king application to the Congress of the United States to
till r1-1 convention for proposing amendments to the C onstitution of
the United States.
o iA lj? 1-®**8 we believe that Senators o f the United States should be
(vi^ dire5tly by the voters ; and
ea . ° authorize such direct election, an amendment to the Conbutiition ot the United States is necessary; and
St i l l . rie as * le failure of Congress to submit such amendment to the
Riihr.fi , as roade it clear that the only practicable method of securing
(‘onvl +!°n °* 8ucb aroendment to the States is through a constitutional
int ntloi l to be called by Congress upon the application of the legisd
two-thirds of all the S ta te s : Therefore be it
By the general assembly of the State o f Iowa :
fcfCTiO.v 1. That the legislature of the State of Iowa hereby makes
H e i t r e so lv e d b y th e g e n e ra l a s s e m b ly o f th e C o m m o n w e a lth o f K e n
pplication to the Congress of the United States, under Article V of
Pin i ' onstitution of the United States, to call a constitutional conven t u c k y , T h a t the le g isla tu re o f th e S ta te o f K entu ck y fa v o rs th e adop
er.
Proposing amendments to the Constitution of the United States. tion o f an am endm ent to th e C o n stitu tio n w hich sh a ll p rovide fo r th e
fn.t5 c 'ir. That this resolution, duly authenticated, shall be delivered election of th e U nited S ta tes S en a to rs by popular v o te, and jo in s w ith
"Uthwith f° the President of the Senate and Speaker of the House of oth er S ta tes o f th e U nion in re sp ectfu lly requ estin g th a t a con v en tio n
1 Ei,tpne?entatives ° f the United States, w ith the request th at the same be called fo r th e purpose o f proposing an am endm ent to th e C o n stitu
tion o f th e U n ited S ta tes, a s provided for in A rticle V o f th e sa id
bnau be laid before the said Senate and House.
C o n stitu tio n , w hich am endm ent sh a ll provide fo r a ch an ge in th e p res
Approved April 12, A. D. 1909.
J!,So vcd>
To Committee on Privileges and Elections, April 30, 1909.
1 ne people of Iowa directly nominate United States Senators
j IViat tIle Protection of the law of 1907. (Iow a primary laws,
IAWU7, chap. 51. Mandatory; state w ide; direct.)
en t m ethod o f electin g U n ited S ta te s S en a to rs, so th a t th ey can he
chosen in each S ta te by a d irect v o te o f th e people.
R e s o l v e d , T h a t a copy o f th is con cu rren t reso lu tio n and a p p lica tio n
to C ongress for th e ca llin g of a con ven tion be se n t to th e P resid en t o f
th e U n ited S ta tes S en a te and th e Speaker o f th e H ouse o f Itep resen ta-
A pproved February 10, 1902.
KANSAS.
Con«He*r,e*>s there is a widespread and rapidly growing belief th at the
Kentucky by voluntary party regulation nominated Senators
for <K,, , orl , ° f the United States should be so amended as to provide in 1907. (Kentucky primary laws, 1892, chap. 65. Optional;
P o o n k .* . I 011 of th e United States Senators by the direct vote of the
of the respective S tates; and
state wide; direct.)
nianv®if,e.a1,,other amendments to the United States Constitution are by
LOUISIANA.
‘“ telligent persons considered desirable and necessary ; and
tn v n fff08 ti)e Senate of "the United States has so far neglected to take J o in t reso lu tio n m aking ap p lication to th e C ongress o f th e U n ited S ta tes
to
ca
ll
a
co
n
v
en
tio
n
fo
r
proposing
am endm ents to th e C o n stitu tio n o f
I Unirlwi
whatever upon the matter of changing the manner of electing
th e U nited S ta tes.
c l m n ^ ' a t e s Senators, although favorable action upon such proposed
KemviL .
sevei'al tim es been unanimously taken by the House of
W hereas w e b eliev e t h a t S en ators o f th e U nited S ta te s sh o u ld be
presentatlves: Therefore be it
elected d ire ctly by th e v o te r s ; and
r>n n
house
W hereas to a u th o rize such d irect electio n an am endm ent to th e Con
n,, ."'*
That the legislature of Kansas, in accord- s titu tio n o f th e U n ited S ta tes is n e c e ss a r y jA n d
.
. .
..
St-.L " L1 th e provisions of Article V of the Constitution of the United
W hereas th e fa ilu r e o f C ongress to s u t » i t such am endm ent to th e
to
hereby apply to and request the Congress of the United States S ta tes h a s m ade it clear th a t th e o n ly p racticab le m ethod of secu rin g a
Conor A convention for the purpose of proposing amendments to the sub m ission o f such am en d m en t to th e S ta te is through a c o n stitu tio n a l
1 j *on
t e e United States ; and
con ven tion , to be called by C ongress upon th e a p p lica tio n o f th e le g is
an.i
T hat we hereby request our Representatives in Congress la tu res o f tw o -th ird s o f a il th e S ta tes : T herefore he it
a u L S struct ol,r United States Senators to bring this matter to the
R e s o l v e d b y t h e g e n e r a l a s s e m b l y o f t h e S t a t e o f L o u i s i a n a , T h a t th e
of their respective bodies and to try and induce favorable leg isla tu re of th e S ta te o f L o u isia n a hereby m akes ap p lica tio n to th e
lAon thereon ; and
C ongress o f th e U n ited S ta tes, under A rticle V o f th e C o n stitu tio n o f
dirp
T hat the secretary of the State of Kansas is hereby th e U n ited S ta tes, to ca ll a co n stitu tio n a l co n v en tio n fo r proposing
thn v , t? forthwith transm it a certified copy of these resolutions to am endm ents to th e C o n stitu tio n o f th e U nited S ta tes.
Rer„-nipe;P ^ side^t
the United States, the Speaker of the House of
S ec. 2. T h a t th is resolution, d u ly a u th en tica ted , sh a ll be delivered
U n i S e2 !a! ive£ in Congress, and to each of the Representatives and fo rth w ith to th e P resid en t o f th e S en ate and Speaker o f th e H ouse o f
thp i sta tes Senators in Congress from Kansas, and to the speaker of R ep resen ta tiv es o f th e U n ited S ta tes, w ith th e request th a t th e sam e
i
house of representatives of each State in which the legislature is sh a ll he la id b efore th e sa id S en a te an d House.
w or soon to be in session.
J. W . H ya m s,
f
l
i
Sr,,nfolved
the therein).
of representatives of the State of Kansas (the
concurring
1°ltied’
»t2lv<id f}lrther>
of
K ansas ,
cpriiti' Fu Ucofon,
Office of the Secretary of State:
secretary of state of the State of Kansas, do hereby
ennui ,athat ,thA above nnd foregoing is a correct copy of the original
enrolled resolution now on file in my office.
m,, “ testimony whereof I have hereunto subscribed my name and affixed
“ y official seal this 18 th day of January, 1908.
[SEAL-1
C. E. Denton,
S p e a k e r o f th e H o u s e o f R e p r e s e n ta tiv e s .
J. Y. S a n d e r s ,
L ie u te n a n t-G o v e r n o r a n d P r e s id e n t o f th e S e n a te .
A pproved N ovem ber 25, 1907.
N e w t o n C. B l a n c h a r d ,
G o v e r n o r o f t h e S t a t e o f L o u is ia n a .
A tru e copy.
J o h n T. M i c h e l ,
S e c r e ta r y o f S ta te .
By J. F. B otkin ,
A s s is ta n t S e c r e ta r y o f S ta te .
Senate Joint resolution 4.
Be it resolved 6 y the senate of the State of Kansas (the house of
Ttpresentatives concurring therein), That our Representatives in Conferegs be, and they are hereby, requested to vote and labor for the sub
mission of an amendment to the Constitution of the United States pro'Kiing for the election of United States Senators by a direct vote of the
People.
I hereby certify that the above Joint resolution originated in the
®enate and passed that body February 13, 1909.
W. J. F itzgehald,
,
Passed the house March 1, 1909.
President of the Senate.
Z. E. Wyant,
Secretary of the Senate.
J. N. D olley,
Approved March 5, 1909.
Speaker
cf the House.
W. T. B eck ,
Chief Clerk of the House.
W. R. S tubbs , Governor.
S e c r e ta r y o f S ta te .
S t a t e o f L o u is ia n a , P a r i s h o f E a s t B a t o n R o u g e , s s :
B efore me, W. M. B arrow , a n o ta ry public in and fo r th e S ta te and
p a rish aforesaid, d uly com m issioned and qualified, p erso n a lly appeared
II. H. Joh nson , a resident o f th e city o f B aton R ouge, S ta te o f L o u isi
ana, to me w ell and p erson ally know n, w^ho upon oath sta ted t h a t he
m ade th e above and foregoin g copy o f a ct No. 4 o f th e ex tra sessio n o f
the gen eral assem bly o f th e S ta te o f L ou isian a o f 1907, and th a t th e
sam e is a tru e and correct copy o f th e o rigin al.
H. H . J oh n so n .
Subscribed and sw orn to before me th is 1 0 th d a y o f M arch A B
1908.
„
’ '
*
[SEAL.]
w. M. B a rro w , N o t a r y P u b l i c .
/ t n Louisiana United States Senators are directly nominated
under protection of law of 1906. (Louisiana primary laws
1906, cliap. 49. Mandatory; state wide; direct.)
MARYLAND.
Maryland directly nominates Senators by voluntary party
regulations. (Maryland, 1906, chap. 407. ‘Mandatory; state
S tate op Kansas , O
ffice o f t h e S e c r e t a r y o f S t a t e :
wide; optional delegate or direct.)
I, C. E. Denton, secretary of the State of Kansas, do hereby certify
that the above nnd foregoing is a correct copy of the original enrolled
Maine primary law, 1903, chapter 214; 1905, chapter 149.
hill now on file in my office.
In testimony whereof I have hereunto subscribed my name and a f Rudimentary; local law has established the initiative and ref
erendum.
fixed my official seal this 6th day of March, 1909.
C. E. D enton,
Massachusetts primary law, code 1907, chapter 560; 1908,
S e c r e ta r y o f S ta te .
chapter 345. Partly mandatory; partly optional; partly state
By J. F. B otkin ,
w id e; partly local; partly delegate; partly direct.
A s s is ta n t S e c r e ta r y o f S ta te .
7 1 1 6
M a t 3]
C O N G R E S S IO N A L R E C O R D — S E N A T E .
The lower branch of the legislature o f M assachusetts has ju st
Massed iM av 11, 1910) a resolution favoring election o f United
S tates Senators by direct vote o f the people.
The people o f M issouri directly nom inate U nited States Sep.
ators under the protection of the law of 1907. (M issouri prp
mary laws, 1907, p. 263. M andatory; state w ide; direct.)
MONTANA.
MICHIGAN.
Senate Joint resolution No. 1 .—Requesting Congress to call a convention
for the purpose of proposing an amendment to the Constitution 0«
State o f Michigan, D ep a rtm en t o f S t a t e :
the United States, which amendment shall provide for the election 0f
t Plnrpnce J Mcars, deputy secretary of state of the State of Michi
United States Senators by direct vote of the people.
gan and custodian of the great seal of the State, hereby certify th a t the
Whereas a large number of the state legislatures have, at various
annexed gi,eet of paper contains a correct and compared transcript of
loint' resolution No. 7, passed at the session of the legislature of 1001, times adopted memorials and resolutions in favor of the election 0#
United States Senators by popular vote; and
the original of which is on file in th is office.
Whereas the National House of Representatives has, on several 0
in w itn ess whereof I have hereto affixed my signature and the great
seal of the State, at Lansing, th is 11th day of March, in the year o f our sions within recent years, adopted resolutions in favor or this proposal
change in the method of electing United States Senators, which were
C l a r e n c e J. M e a r s ,
n0VhereasdArticle°VS ofathe Constitution of the United States p ro v i^
1
'
D e p u ty S e c r e ta r y of S ta te .
that Congress, on the application of the legislatures of two-tnirda of
the
several States, shall call a convention for proposed amendments; a,^
7 — a joint resolution of the senate and house of representatives of
the State of Michigan, making application to the Congress of the
United States, under Article V of the Constitution, for the submis
sion of an amendment to said Constitution, making United States
Senators elective in the several S tates by popular vote.
of, f h? , St«whi<
* «<
Montana favors the adoption of an amendment to the Constitution
shall provide for the election of United States Senators by popular vot,.
and joins with other States of the Union in respectfully leqiiestlng tha£
provision of Article V of the Constitution of the United S tates for the a convention be called for the
of
to
tne purpose
or proposing
Pr°P"SI“s. an Inamendment
T L ir , ent
— United
Rtoioa
v t-iii* ^ _ of the
calling of a convention to propose an amendment to the C onstitution of athecou
Constitution
States, na
as nrovtded
provided for
for In Article
Article vV of1
the United States, making United States Senators elective in the several the said Constitution, which amendment shall provide for a change in
States by direct vote of the p eop le; and
. . .
the present0 method of electing United States Senators, so that they
R e so lve d fu rth e r, That the secretary of state Is hereby directed to i,„ chosen in each State by direct vote of the people.
transm it copies of th is application to the Senate, House of Representa b R e s o l v e d TT at a copy of this joint resolution and application to Cor
R e so lve d by th e sen a te and house o f re p re se n ta tiv e s of th e S t a te of
M ich ig a n . That application is hereby made to the Congress under the
tives of the Congress, and copies to the Members of the said Senate and
H ouse of Representatives from th is S ta t e ; also to transm it copies
hereof to the presiding officers of each of the legislatures now in session
in the several States, requesting their cooperation.
In Michigan United States Senators are directly nominated.
(M ichigan primary law s, 1907, extra session, chap. 4. Man
datory; state w ide; partly direct, partly delegate.)
MINNESOTA.
and our Representative in Congress.
E dwin L. Norris,
P r e s id e n t o f th e Senate.
E. W. Ring,
S p e a k e r of th e H ouse.
Approved February 21, 1907.
S t a t e o f M i n n e s o t a , D ep a rtm en t o f S t a t e :
J. K. T oole , G overnor.
Filed February 21, 1907, at 4.05 p. m.
A. N. Y oder ,
I,
Julius A. Schmahl, secretary of state of the S tate of Minnesota, do
S e c r e t a r y of State.
hereby certify that I have compared the annexed copy with the original
instrum ent in my office of chapter 406, Laws of M innesota of 1J01,
approved February 9, 1901, and that said copy is a true and correct
U n i t e d S t a t e s o f A m e r i c a , S t a te o f M o n ta n a , s s :
transcript of said original Instrument and of the whole thereof.
I A N
Y oder, se c reta ry o f s t a t e o f th e S ta te o f M on tana, do hereby
In testim ony whereof I have hereunto set my hand and affixed the
great seal of the State, at the capitol, in St. Paul, th is 20th day of certify ' th a t th e above is, w ith th e excep tio n o f corre ction s in ortho*.
S v
an d p u n c tu a tio n , an d in se r tio n o f o m issio n s or su b s titu te wor<f.
April, A. D. 1908.
. „
in S ir a c k e ts a tru e an d correct copy o f se n a te jo in t r eso lu tio n No. j
fseal 1
J u l iu s A . S c h m a h l ,
L
s
S e c r e t a r y of S ta te .
resolution^R equesting C ongress to c a ll a con ven tion , fo r th e purpose 0f
#
!i> _
an am en dm en t to th e C o n stitu tio n o f th e U n ite d S ta te s , whlrh
fn t s h a U p r o v id e f o r th e e le c tio n o f U n ite d S ta te s S enators b ,
Chapter 406.— A joint resolution of the senate and house of representa da mKi^ d m
v o te o f th e people, en acted by th e te n th ^ s s io n o f th e le g is ia tl“y
tives of the State of Minnesota making application to the Congress of
the United States under Article V of the Constitution for the sub assem b ly o f th e S ta te o f M on tana, an d approved by J. K . T oole, govern0®
m ission of an amendment to said Constitution making United States
° f In *texfum ony^W hereof *\ ^hlve h e r e u n t o ^ e t ’m y han d and affixed the
Senators elective in the several S tates by popular vote.
g r ea t S W X i d s £ t ? D one a t th e c ity o f H elen a , th e c a p ita l 0f
B e it enacted by the leg isla tu re o f th e S t a te o f M in n eso ta , That the
an u ary, .
^ y o d e r , S e c r e t a r y o f sta te
legislature of the State of Minnesota hereby makes application to the S ta te , th is 2 8 th day o
Congress under the provisions of A rticle V of the Constitution of the
*-SEALi
By D av e P izer , D e p u ty .
United States for the calling of a convention to propose an amendment
to the Constitution of the United States making United S tates Senators
The people of Montana directly nom inate U nited States Sen.
elective in the several States by direct vote o f the people.
S fc 2 The secretary of state is hereby directed to transm it copies of ators under the protection o f the law of 1905. (Montana prith is application to the Senate, House of Representatives of the Con mary law s, 1895, P. C., 1330. M andatory; rudim entary.)
gress and copies to the members of the said Senate and House of Rep
NEBRASKA.
resentatives from this S ta te; also, to transm it copies hereof to the
presiding officers of each of the legislatures now in session in the several
A b ill fo r a con cu rren t
t0
eleCtI° Q ° f U n il^
States, requesting their cooperation.
Approved, February 9, 1901.
c if c t io n 1. That It is deemed n ec e ssa r y to am end th e C on stitution 0f
M innesota primary law s, 1901, chapter 216; 1902, chapters
6, 7; 1903, chapter 90; 1905, chapter 92. M andatory; state
w id e; for local offices, direct.
M IS S IS S IP P I.
The people o f M ississippi directly nominate United States
Senators under protection of law of 1902. (M ississippi primary
laws, 1902, chap. 60. Minor amendm ents; m andatory; state
w ide; direct.)
M ISSOURI.
Joint and concurrent resolution.— Application of the legislature of the
State of Missouri for a convention for proposing amendments to the
Constitution of the United States, as provided in Article V thereof.
R e so lve d by the general assem bly o f the S t a te o f M is s o u ri, That the
legislature of Missouri shall, and hereby does, make application to the
Congress of the United States of America to call a convention for pro
posing amendments to the Constitution of the United States, as pro
vided in Article V thereof; and
,.
R e so lve d fu rth e r, That the Congress he requested to provide for the
holding of state conventions to pass upon amendments submitted, as
also provided in said Article V.
Approved March 6 , 1907.
th e U n ited S ta te s so as to m ake p ro v isio n s th e rein fo r th e election of
i.!;,? o M ifa se n a to r s bv d irect v o te o f th e people.
U lSECd 2 * T hat&p u rsu a n t to th e p ro v isio n s o f A r ticle V o f th e C onstltu.
Hon o f th e U n ite d S ta te s a p p lica tio n is hereby m ade to th e Congress of
S ta te s to ca ll a con ven tion to propose an am en dm en t to
C o n s X t i o n o f t h r u n i t e d S ta te s p rovid in g for th e electio n o f U nit‘ d
S en a to r s by d ir e c t v o te o f th e people.
S ec 3 T h a t a copy o f th is jo in t r eso lu tio n be se n t to each Senator
and R ep resen ta tiv e from th e S ta te o f N ebraska in th e C ongress of the
U ni ted°PStatP s, and to each p resid in g officer of th e S en a te an d H o n *
“ S S J S m d 1M a ? c T ® f Si!>03, b , J o b e H . M lckoy.
E x e c u t i v e O f f i c e , L in c o ln , N e b r.:
I George L aw son S heldon, govern or o f th e S ta te o f N ebraska, <u
herebv c e r tify t h a t th e above is a tru e and correct copy o f house roll
No lti7 p assed by th e le g isla tu r e o f th e S ta te o f N ebraska in the year
HW 3 an’d approved by th e H on. Joh n H. M ickey M arch 25, 1903. year
In testim o n y w h ereof I h ave h ereu n to se t m y hand and caused to h«
affixed th e g r e a t se a l o f th e S ta te of N ebraska, th is 9 th d ay o f March,
George Lawson Sheldon,
r<.PA. 1
Ls A 1
S tate of Misso uri , D ep a rtm en t o f S t a t e :
1, John E. Swanger, secretary of state of the S tate of Missouri, do
hereby certify that the annexed and foregoing is a true and complete
copy of a joint and concurrent resolution passed by the forty-fourth
general assembly of the State of Missouri, approved March 6 , 1907.
In testim ony whereof I hereunto set my hand and affix the great seal
of the S tate of Missouri.
Done at the city of Jefferson this 9th day of March, A. D. 1908.
[ s e a l .]
J no. E. S w a n g e r ,
S e c re ta ry of S ta te .
■ ■
Geo. C. J unkin,
Governor
S e c r e t a r y of State.
The people of Nebraska directly nominate U nited States Sen.
ators under the law of 1907. (Nebraska primary law, 1907 ,
chap. 52. M andatory; sta te w ide; direct.)
Montana, I believe, is a Republican State. Nebraska, I be- J
lieve, is a Republican State. In fact, every State w est of the /
Hudson River except the two that I mentioned stand for this J
principle. I believe a majority of them are Republican States;'
1910.
CONGRESSIONAL RECORD— SENATE
Mr. BORAH. Mr. President-----Tlie VICE-PRESIDENT. Does the Senator from Oklahoma
^^jneld to the Senator from Idaho?
Mr. OWEN. Certainly.
Mr. BORAH. I w as absent from the Chamber when Idaho
was supposed to have been enlisted in this matter, and I desire
to say that there is no doubt in my mind that Idaho is in favor
of the principle of electing Senators by popular vote, and that
^our legislature w as not insane when it so declared.
Mr. OWEN. I have not the slightest doubt of the correct
ness of the view of the junior Senator from Idaho, and am glad
to have the junior Senator from Idaho answer the senior Sena
tor from Idaho as to the view s of the people o f Idaho, and as
to the sanity of the legislature o f that State.
NEVADA.
Senate concurrent resolution relating to tlie election of United States
Senators by direct popular vote.
Whereas the people of this State, as shown by a vote taken thereon,
ravor an amendment to the Constitution of the United States providing
IQr the election of United States Senators by a direct popular v o te ; and
Whereas it is evident that a large m ajority of the American people
sucl1 an amendment, as shown by the tone <3f the public press
n i
the resolutions of the state legislatures of the various States
ami tlle resolutIon passed by the National House of R epresentatives;
+i 'y^ereas A rticle V of the Constitution of the United States provides
rmit Congress, on the application of the legislatures of two-thirds of
thereStoVeral ®tates’ slia11 cal1 a conventi°n f ° r proposing amendments
R e so lve d , th ere fo re ( if th e assem bly c o n c u r), That the legislature of
»tate of Nevada favors the adoption of an amendment to the Con
stitution which shall provide for the election of United States Senators
fn P?Pulnr vote, and respectfully requests that a convention be called
KF,
Purpose of proposing an amendment to the Constitution of the
N"Ued sta tes, as provided for in Article V of said Constitution, which
5 “ «>ament shall provide for a change in the present method of electing
vm ted States Senators, so th at they can be chosen in each State by a
a iisc t vote of the people.
1’„ l tc£ ? lved’ That a c°py of this resolution and application to Congress
ioi the calling of a convention be sent to the President of the United
?Jate®> the Speaker of the House of Representatives, and to each of
. Kepreseiita.ti.ves of the State of Nevada in the Congress of the
united States.
R eso lved , That our Representative In Congress be directed to urge
tions Congress the calling of a convention provided for by these resolu
7117
NORTH CAROLINA.
A
rSlatl™ t0, amending the Constitution of the United
v
R, fol)>^ electl°n of United States Senators by a direct
vote of the people of the respective States.
TT w ^ esJVr'e,?a aPa rapidly growing belief that the
°f
sta te s should be so amended as to provide
for the election of the United States Senators by the direct vote of the
people of the respective S ta te s ; and
YVhereas other amendments to the United States Constitution are bv
many intelligent persons considered desirable and necessary ■ and
7
Whereas the Senate of the United States has so far neglected to take
S X fS p B ? . ^ ha£GVGIl upon f*h,c m att®r of changing the manner of electing
United States Senators, although favorable action upon such proposed
change has several times been unanimously taken by the House of Rep
resentatives : Therefore
^
B e it resolved by the house o f re p rese n ta tiv es o f th e S t a te o f N o rth
C a ro lin a ( the senate co n cu rrin g th e re in ), That the legislature of North
Carolina, in accordance with the provisions of A rticle V of the rvmatitntion of the United States, hereby apply to and request the Congress of
the United States to call a convention for the purpose of nrnnnaint*
amendments to the Constitution of the United S ta t e s ; and
y 1
R e so lv e d , That we hereby request our Representatives in Congress
and instruct our United States Senators to bring this matter to the
attention of the respective bodies and to try and induce favorable action
thereon ; and
R e so lv e d fu rth e r , That the secretary of the State of North Carolina
is hereby directed to forthwith transm it a certified copy of these resolu
tions to the Vice-President of the United States, the Speaker of the House
of Representatives In Congress, and to each of the Representatives and
United States Senators in Congress from North Carolina, and to the
speaker of the house of representatives of each State in which the legis
lature Is now or soon to be is session.
In the general assem b ly; read three times, and ratified th is the 11th
day of March, A. D. 1907.
State of North Corolina,
Office o f S e c r e ta r y o f S t a t e :
I,
J. Bryan Grimes, secretary of state of the S tate of North Carolina
do hereby certify the foregoing and attached (tw o sheets) to be a true
copy from the records of this office.
In w itness whereof I have hereunto set my hand and affixed my
official seal.
. . . . . .
... .
„ .
Done in office at Raleigh this 4th day of April, In the year of our
Lord 1908.
„ „
J. B r ya n G r im e s ,
S e c r e ta r y o f S ta te .
North Carolina primary laws, 1907 (numerous special a cts).
Mandatory and optional; local; rudimentary.
NORTH DAKOTA.
The people of North Dakota directly nominate United States
t e people of Nevada directly nominate U nited States Sen Senators under the protection of the law of 1907. (North D a
ators. (N evada primary laws, 1883, chap. 18. M an d atory kota primary law s, 1907, chap. 109. Mandatory; state w ide;
direct.)
rudim entary.)
OHIO.
New Ham pshire primary law s, 1905, chapter 95; 1907, chapter
The people of Ohio directly advise as to United States Sen
105. Partly m andatory; partly optional; rudimentary.
ators. Ohio permits under law of 1908 the direct nomination of
NEW JERSEY.
Senators by primary. (Ohio primary law s, 1908. Mandatory;
Joint resolution 5.
state w ide; delegate and direct; direct in cities and counties;
Whereas Article V of the Constitution of the United States provides advisory vote on United States Senator.)
uiat the Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this Constitution, or on the appucation of the. legislatures of two-thirds of the several States shall
cau a convention for proposing amendments, which, in either case,
■n.a a be valid to all intents and purposes as part of this Constitution,
«hen ratified by the legislatures of three-fourths of the several States,
° r by convention in three-fourths thereof,” etc.; and
vvhereas the House of Representatives of the Congress of the United
s ta te s has on four separate occasions passed by a two-thirds vote a
resolution proposing an amendment to the Constitution providing for
taa election of United States Senators by direct vote of the p eop le: and
Whereas the United States Senate has each time refused to consider
or vote upon said resolution, thereby denying to the people of the
several States a chance to secure this much desired change in the
method of electing S en ators: Therefore be it
R esolved by the senate and g eneral assem bly of the S ta te of N ew
i f ™ v > JJndcr the authority of A rticle V of the Constitution of the
united S tates application is hereby made to Congress to forthwith call
a constitutional convention for the purpose of subm itting to the States
rw ratification an amendment to the Federal Constitution providing for
m e election of United States Senators by direct vote of the people; and
R e so lve d , That the secretary of state be, and is herebv, directed
to forward a properly authenticated copy of these resolutions to the
L resident of the United States, to the President of the Senate of the
United States, and to the Speaker of the House of Representatives of
the United States.
Approved May 28, 1907.
S tate op N ew J ersey , D ep a rtm en t of S t a te :
, I, S. D. Dickinson, secretary of state of the State of New Jersey, do
hereby certify that the foregoing is a true copy of joint resolution
No. r> of the legislature of the State of New Jersey, approved by the
governor May 28, 1907, as the same is taken from and compared with
the original now remaining on file in my office.
In testim ony whereof, I have hereunto set my hand and affixed my
official seal, at Trenton, this 25th day of November. A. D., 1907.
,
S. D. D ickinson.
S e c re ta ry of S ta te .
The people of New Jersey directly nominate United States
Senators under the protection of the law of 1908. (New Jersey
primary laws, 1898, chap. 139, and subsequent amendments.
M andatory; sta te w ide; partly direct and partly indirect.)
New York primary laws, act of 1S98, chapter 179, as amended
each succeeding year. M andatory; partly state w ide; partly
lo c a l; direct features optional.
OKLAHOMA.
Senate joint resolution 9.— Relating to the calling of a convention of
the States to propose amendments to the Constitution of the United
States providing for the election of United States Senators by direct
vote of the people, and for other purposes, and providing for the
appointm ent of a senatorial election commission of the State of Okla
homa.
Whereas a large number of the state legislatures have a t various
times adopted memorials and resolutions in favor of the election of
United States Senators by direct vote of the people of the respective
S ta t e s ; and
Whereas the National House of Representatives has on several differ
ent occasions in recent years adopted resolutions In favor of the pro
posed change in the method of electing United States Senators, which
were not adopted by the S en a te: Therefore be it
R eso lved
by
the
senate
and
the
house
o f re p rese n ta tiv es
o f th e
S ta te of Oklahom a, That the legislature of the State of Oklahoma, in
accordance with the provisions of Article V of the Constitution of the
United States-, desires to join with the other States of the Union to re
spectfully request that a convention of the several States be called for
the purpose of proposing amendments to the Constitution of the United
States, and hereby apply to and request the Congress of the United
States to call such convention and to provide for subm itting to the sev
eral States the amendments so proposed for ratification by the legisla
tures thereof, or by conventions therein, as one or the other mode of
ratification may be proposed by Congress.
S ec . 2. That at said convention the State of Oklahoma will propose
among other amendments, that section 3 of Article I of the Constitution
of" the United States should be amended to read as follow s •
n
/ “ The Senate of the United States shall be composed of two Senntnm
from each State, chosen by the electors thereof, as the governor is
chosen, for six years; and each Senator shall have one vote
Thev
shall be divided as equally as may be into three classes so that onethird may be chosen every year; and if vacancies happen by resignation
or otherwise the governor may make temporary appointm ents until the
next regular election in such State. No person shall b e T Senator who
shall not have attained the age of 30 years, and been nine years a citizen
of the United States, and who shall not when elected be an electo r'o f
the State for which he shall be chosen. The Vice-President of the
United States shall be President of the Senate, but shall have no vote
unless they be equally divided. The Senate shall choose their own
officers and also a President pro tempore in the absence of the VicePresident or when he shall exercise the office of the President of the
United States.”
S ec. 3. A legislative commission is hereby created, to be composed of
the governor and eight members, to be appointed by him, not more than
four of whom shall belong to the same political party, to be known as
thn oonatnrinl direot-election commission of the State of Oklahoma.
It
.S d 'th l™ colvention mar be called as provided In sectlon 1 hereof. The members of said commission shall receive no comPT ^ tl04n That the governor of the State of Oklahoma is hereby directed
.
trnnsmit certified copies of this joint resolution and applloaOo.T to both Ho“sesCof the United States Congress, to the governor
S e a c h State in the Union, and to each of our Representatives and
Senators in Congress.
T hat a^copy of th is concurred resolution and application tr»
Fnmn-ess for the calling of a convention be sent to the secretary J i
sta tf of each of the United States, and that a sim ilar copy be sent t,
the President of the United States Senate and the Speaker of the LlouSe
of Representatives.
^
S miley ,
C h ief d e r k of th e Senate.
The foregoing resolution concurred in February 6 ,^ .
A c tin g C h ief C le rk o f th e H ou se of R e p r e s e n ta tiv e s
P r e s id e n t o f th e S e n a te .
/
S p e a k e r o f th e H o u se of R e p r e s e n ta tiv e s .
Approved January 9, 1908.
c N H askell ,
G o vern or o f th e S ta t e o f O klahom a.
of
amendment shall provide for a change in the present method of electin*
United States Senators, so th a t they can be chosen in each State by ^
George W. B ellamy,
W m. H. Murray,
State
M a y 3]
C O N G R ESSIO N A L REC O R D — S E N A T E .
7118
Oklahoma, D e p a rtm e n t o f S ta t e :
I Bill Cross, secretary of state of the State of Oklahoma, do hereby
certify that the annexed and foregoing is a true copy of senate joint
resolution No. 9, relating to the calling of a convention of the States to
propose amendments to the Constitution ‘of the United Statesi ^oviding
for the election of United States Senators by direct vote of the people,
and providing for the appointment of a senatorial election commission
of the State of Oklahoma.
Approved, January 9, 1908.
.
, . ...
The original of which is now on file and a matter of record in this
°fflIn testimony whereof I have hereunto set my hand and caused to he
Approved the 13th day ot February, A. D.
tSEAL-J
S e c r e ta r y of th e C om m on w ealth .
Pennsylvania primary law s, 1906, chapter 10; 1907, chapter
160. M andatory; state w ide; direct, except for state offices.
Rhode Island primary law s, 1902, chapter 10<8. Mandatory;
local; direct or indirect.
SOUTH CAROLINA.
T he people o f Sou th C arolin a n o m in a te U n ited S ta te s Sena,
tors by v olu n tary p arty r egu lation s. (S o u th C arolin a primary
la w s 1888, chap. 9 ; 1896, chap. 2 5 ; 1900, chap. 2 1 1 ; 1903, chap
73; 1905, chap. 409. M an d atory; sta te w ide; rud im en tary.)
SOUTH DAKOTA.
afiDone“ t t h P l i t y o f Guthrie this 29th day of January, A. D. 1908.
rWAI i
L
B ill Cross, S e c r e ta r y o f S ta te .
By Leo Meyer, D e p u ty .
A ^
The foregoing is a true and correct copy of concurrent resolution of
the general assembly No. 10.
w w Qr iest ,
United^States oeAm- jJ k
s e c r e t o r y o m
i . d . d w w - g - a - ““ A i r ? ' t t a f u . “ u « h “
iSs a " , ' 1
:;
The people of Oklahoma directly nominate United States Sen
jolnt resolution No. 2 !
ators under the protection of the law of 1908. (Oklahoma great seal thereof, do hereby ceru iy i
?.r» b ‘? f h f ? i £ f ; t » 7 e rt5 S J o ? % „ d
™ «S
primary law, 1908. Mandatory; state w ide; d iie c t.)
OREGON.
State
of
Oregon,
.
O ff ic e of t h e S e c r e t a r y o f S t a t e :
T F W Benson, secretary of state of the State of Oregon and cus
todian of the seal of said State, do hereby certify that I have carefullv compared the annexed copy of senate joint resolution No. 7 with
the ^origin a l o f said joint resolution No. 7 with the indorsements
thereon filed in the office of the secretary of state of the State of Oieeon o n ’the 10th day of March, 1903, and that the same is a full, tiue,
and correct transcript therefrom and of the whole thereof.
In testimony whereof I have hereunto set my hand and affixed hereto
the^eal of the State of Oregon. Done at the capitol at Salem, 0reo.,
this 12th day of March, A. D. 1908.
[•seal.]
F. w- B enson,
S e c r e ta r y o f S ta te .
great seal of th ^ S tate of South Dakota. Done a t the city of P ier£
t t l s J S t h day of March, 1908.
D D WlPF> s e c r e ta r y o f S ta te ,
lSEAUJ
By J. L., A s s is ta n t S e c r e ta r y o f S ta te.
House 1oint resolution 2.— A Joint resolution memorializing’ Congreg
to submit to the several States an amendment to the F®n®titutiou of
the United States, providing for the election o f the United State*
Senators by direct vote of the electors.
B e i t r e s o lv e d
6y
th e h ou se o f r e p r e s e n ta tiv e s (th e s e n a te concurring
^ W h ereas the election of United States Senators by the legislatures 0f
the several States frequently interferes w ith im portant legislative
duties, and has in many S tates resulted in charges of bribery and cori
Senate joint resolution 7.
Whereas Article V of the Constitution of the United States provides
that “ the Congress, whenever two-thirds of both Houses shall deemit 1U Whereas the sentim ent of the m ajority of the Pe9Pj.®
State
necessary, shall propose amendments to this Constitution, or on the is in favor of electing United States Senators by a direct vote of , h*
application of the legislatures of two-thirds of the several States sha
electors of tne
the State,
»iaie, Jh
iuai
at under
uuua aumwiw
a u t h o r *------i t y At —o f j nn
„ convention for proposing amendments, which in either case shall tution of the United States application is hereby made to C ongress p,
be valid to all intents and purposes as part of this Constitution, when forthwith call a constitutional convention for the purpose o f submit.
submit,
ratified by the legislatures of three-fourths of the several States, ot by tin
ting
to the
forr rau
ratification
------... Consti.
" to
th e sStates
t a t e s io
n cu xiou an amendment to
w the - ederalCon.sti.
tu tio n p rovid in g for th e electio n of U n ited S ta te s S en a to rs by dire, t
C° Whereas the*Hous? ^ f ^ r e s e S t o t iv e s ’of ^the Congress of the United
nf th e e le cto rs o f th e several S ta te s.
. . .
States lias on four separate occasions passed by a two-thirds vote a
Be it f u rth e r reso lved , T h a t th e sec r eta ry o f s ta te be, and he j,
Resolution proposing an amendment to the Constitution providing for hereby**authorized and d irected to send a p rop erly a u th e n tic a te d cop.
the Section of United States Senators by direct vote of the people; and of this’ resolu tion to th e P r e sid e n t of th e U n ited S ta te s, to th e P r e J
whereas the United States Senate has each time refused to consider d en t o f th e U n it ed S ta te s S en ate, th e Sp eak er o f th e H ouse of Repi. ;
or^Jte upon said resolution, thereby denying to the people of the seir- s e n ta tiv e s o f th e U n ited S ta te s, and to each o f th e S en ators
eraf States a chance to secure this much-desired change in the method R ep resen ta tiv es in C ongress of th e S ta te o f S ou th D akota.
of electing Senators: Therefore, be it
R e so lve d hu the senate and house of re p re se n ta tiv e s of th e S t a te of
S p ea k er of the House,
Th*t under the authority of Article V of the Constitution of
?he United States, application is hereby made to Congress to forthwith
:
J a m e s W. Co n e ,
n constitutional convention for the purpose of submitting to the
C h ie f C lerk
otntpq for ratification an amendment to the Federal Constitution proH oward C. S hobkr ,
v i d S for the efection of United States Senators by direct vote of the
P re s id e n t of the Senate.
rni,,).
secretary of state£ be,
is hereby,to directed
to
A tte st:
jj s j m o n s ,
R e s o l v e d That thei secretary^
^ and
resolutions
the PresiS e c r e ta r y of the Senate
u°/nTaof th erUmted S ta te s and to the President of the Senate of the
I herebv c e r tify th a t th e w ith in jo in t reso lu tio n or ig in a ted in i hp
United State? and to the Speaker of the House of Representatives of
hou se o f r ep re sen ta tiv e s and w as kn ow n in th e hou se files as horn*
the United States.
J a m e s W. Co n e , C h ie f Clerk.
The people of Oregon directly nominate United States Sen jo in t r esolu tion No. 2.
ators under protection of the law of 1904. (Oregon primary S tate of S o u t h D akota , Office S e c r e t a r y of S ta te , s s :
law 1904. Mandatory; state w ide; direct.)
TTiiPii February 2. 1907, a t 5 o'clock p. id .
F iled u e o r u a iy
,
D D . w i p f , S e c r e ta r y of State
PENNSYLVANIA.
,
In
the
Senate, February 6, 1901.
o isrsvp number of state legislatures have at various times
adopted “ emoriafs and resolutions in favor of election of United States
SewHflrpn«yt^eP
Representatives
has inon favor
four separate
Whereas the Nationaie6oa
national x use of d
£ted resolutions
of this
Moposed8’ change* in^the K f o d * o f 1'electin g United States Senators,
WhWlmroase /r°ticfed°V ^f1 the Constitution of the United States provides
that Congress, on the application of the legislatures of two-thirds of the
several States, shall call a convention for proposing amendments and
believing there is a general desire upon the part of the citizens of the
State of Pennsylvania that the United States Senators should be
elected by a direct vote of the people: Therefore be it
Resolved (if the house of representatives concur).T h a t the legisla
ture of the State of Pennsylvania favors the adoption of an amend
ment to the Constitution which shall provide tor the election of
United States Senators by popular vote, and joins with other States of
the Union in respectfully requesting that a convention be called for the
nurpose of proposing an amendment to the Constitution of the United
States as provided for in Article V of the said Constitution, which
The people o f South D akota directly nom inate United States
Senators under the protection of the law of 1907. (South Da.
kota primary law s, 1907, chap. 139. M andatory, state wide*
direct; includes United States Senators.)
TENNESSEE.
J o in t reso lu tio n N o. 15.— R eq u estin g C ongress to f a l l a convention f or
th e purpose o f prop osin g an am end m ent to th e C o n stitu tio n of the
U n ited S ta te s, w h ic h am end m ent sh a ll p rovide for th e election 0f
U n ited S ta te s S en ators by d ir e c t v o te o f th e people.
W hereas a large num ber o f th e s ta te le g isla tu r e s h ave a t various
tim es adopted m em orials and reso lu tio n s in fa v o i o f th e election of
U n ited S ta te s S en ators by popular v o te ; and
W hereas th e N a tio n a l H ouse of R e p resen ta tiv es h a s on several occasio n s recen tly adopted reso lu tio n s in fa v o r of th is proposed change in
th e m ethod oT e le ctin g U n ited S ta te s S en ators, w h ich w ere n ot a d ^ te fi
by Whereas” A r t ic f e V o f th e C o n stitu tio n o f th e U n ited S ta te s provided
th a t C ongress, on th e ap p lica tio n of th e le g isla tu r e s of tw o-th ird s of the
1910.
CO N G RESSIO N A L RECO RD — SE N A T E .
amTra^ ^*ates’ sliall call a convention for the proposed am endm ents;
Whereas, believing there is a general desire upon the part of the citi?®ns. of the State of Tennessee that the United States Senators should
De fleeted by a direct vote of the people : Therefore
.
” resolved ( if the house c o n c u r ), That the legislature of the State
oi i ennessee favors the adoption of an amendment to the Constitution
wmch shall provide for the election of United States Senators by popu“J1' T?te’ nnd joins with other States of the Union In respectfully re
questing that a constitutional convention be called for the purpose of
an amendment to the Constitution of the United States, as
provided for in Article V of said Constitution,which amendment shall nroror a chanse in the present method of electing United States Senaiors, so that they can be chosen in each S tate by direct vote of the
People.
j?e i t fu rth e r enacted, That a copy of this joint resolution and appli
cation to Congress for calling of the convention be sent to the secretary
,°i efteh of the United States, and that a sim ilar eopy be sent to
iuejETesident of the United States, to the Speaker of the House of Repn sentnUves, to each of the United States Senators from Tennessee, and
our Representatives in Congress.
Adopted March 14, 1905.
,
J. I. Cox,
S p ea k er of th e Senate.
W. IC. A bernathy ,
S p ea k er o f the H o u se of R e p resen ta tiv e s.
Approved March 2 2 , 1905.
J a m e s B. F r a z ie r , G o vern or.
m n w n ti™ i!?e
of three-fourths of the several States or hy
convention in three-fourths thereof,” etc . ; and
«+ofiLe in«- the Iloose of Representatives of the Congress of the United
States has on four separate occasions passed by a two-thirds vote a
tbe°pW?innP nfPTTSn?t?riaQf amcndme° t to the Constitution providing for
1‘
Senat ors by direct vote of the people ; and
or vote upon said resolution? thereby denying t o ^ e ^ e o p l e of th c^ evo felecrin g S e n io r ? : T h e r e ^ t e ,“ uch-desired change in the method
Resolved hy
the senate and house o f re p rese n ta tiv es nf thp ettnfr
That under the authority of A ^ c l ^ T r t t t r C o n s t i t ^ o S ^ f the
tin te d States, application is hereby made to Congress to forthwith call
a constitutional convention for the purpose of subm itting to the States
for ratification an amendment to the Federal Constitution providing for
the election of United States Senators by direct vote of th e n e o n le ■ and
Resolved, That the secretary of state be, and is hereby E r e c te d to
forward a properly authenticated copy of these resolutions to the Presi
dent of the United States and to the Speaker of the House o f Renre
sentatives of the United States.
e or Kepre
Approved this 12th day of March, 1903.
U ta h
S tate of U t a h , C o u n ty o f S a lt L a k e , s s :
I; WiHard Dwie, a notary public in and for the county of Salt Lake
State of Utah, do hereby certify that the w ithin is a full? true and cor
cect w p y o f a house joint resolution passed by the legislature of the
State of Ltah and approved by Governor Heber M. W eils on the 12th
day of March, 1903.
^
d a y o f 6 March,y
•State of T e n n e s s e e , Office of S e c re ta ry of S t a te :
John W. Morton, secretary of the State of Tennessee, do certify
Pt 1]" the annexed is a true copy of senate joint resolution No. 15, passed
z i , tae general assembly of the State of Tennessee, 1905, the original of
, is now of record in my office,
i b is the 12th day of March, 1907.
J no . W. M orton , S e c re ta ry of Sta te .
7119
h€rCDDto set mI hand and seal this 11th
W illard D o n e , N o ta ry P u b lic.
Utah primary laws, 1901, chapter 72.
tary.
M andatory; rudimen
VIRGINIA.
The people of Virginia nom inate United States Senators di
H ie people of Tennessee favor direct nomination of U nited, rectly under voluntary party regulations. (V irginia nrimarv
sta tes Senators. Tennessee passed an act in 19GS for the direct law, code of 1904, sec. 1220. Optional; rudim entary.)
^
nomination o f Senators, although the act w as later declared
WASHINGTON.
invalid by the supreme court of Tennessee. (Tennessee primary Chapter 61.— An act making application to the Congress o f the United
States of America to call a convention for proposing a m en dm en t re
laws, 1901, chap. 39; 1903, chap. 241; 1905, chap. 353. O ptional;
the Constitution of the United States of America as authorized bv
state w ide; direct.)
Article^ V of the C onstitution of the United States of America.
(H . B.
TEXAS.
J
House concurrent resolution 22.
Whereas under the present method of th e election of United States
Senators by the legislatures of the several States protracted contests
frequently result in no election at all, and in all cases interfering with
needed state leg isla tio n ; and
Whereas Oregon, in common w ith many of the other States, has asked
k?„nfKl'ess to adopt an amendment to the Constitution of the United
sta tes providing for the election of United States Senators by a direct
•ore of the people, and said amendment has passed the House of Rcp[.^pntatlves on several occasions, but the Senate of the United States
“as continually refused to adopt said amendments : Therefore, be it
R eso lved hy the h o u se of re p rese n ta tiv es of the S ta te of T ex a s ( the
a]e c o n c u rrin g ) , That the Congress of the United States is hereby
ai-Red and urgently requested to call a constitutional convention for
Pf^Posing amendments to the Constitution of the United States as prov*ded in Article V of the said Constitution of the United States.
. ftcso lv e d , That we hereby ask and urgently request that the Iegisrauve assembly of each of the other States in the Union unite with us
asking and urgently requesting the Congress of the United States to
" ‘‘ a constitutional convention for the purpose of proposing amend
ments to the Constitution of the United States.
n ttesolvedj That the secretary of state he, and is hereby, authorized
«nu directed to send a certified copy of this concurrent resolution to the
president of the United States Senate, the Speaker of the House of
representatives of the United States, and to the legislative assembly of
eac“ and every of the other States of the Union.
th i 0TE-— The enrolled bill shows that the foregoing resolution passed
ine house of representatives, no vote g iv e n ; and passed the senate, no
vote given.)
Approved April 17, 1901.
T h e S tate of T e x a s , D ep a rtm en t of S t a t e :
I. W. R. Davie, secretary of state of the State of Texas* do hereby
certify that the attached and foregoing is a true and correct copy of
aouse concurrent resolution No. 22, passed hy the tw enty-seventh legis
lature of the State of Texas, and approved April 17, 1901, as the same
appears of record in the printed statu te book of the State o f Texas, de
posited in the office of the secretary of state of the State of Texas, on
Pages 327 and 328 of General Laws of the State of Texas passed a t
the regular session of the tw enty-seventh legislature, convened at the
of Austin, January 8 , 1901, and adjourned April 9, 1901; hnd I
further certify that I am the keeper and custodian of the said printed
statute hook above mentioned.
In testim ony whereof I have hereunto signed my name officially and
caused to be Impressed hereon the seal of my office, same being the
great seal o f the State of Texas, at my office in Austin, Tex., on this the
^<1 day of April, A. D. 1908.
_ „
[ s e a l .]
W.
71. D a v ie ,
S e c re ta ry of Sta te .
The people of Texns directly nominate United States Senators
inider protection of the law of 1907. (T exas primary laws,
*907, chap. 177. Mandatory; state w ide; direct.)
Whereas the present method of electing a United States Senator is
expensive and conducive of unnecessary delay in the passage of useful
leg isla tio n ; and
Whereas the w ill of the people can best he ascertained by direct vote
of the people : Therefore,
B e it enacted hy th e legislatu re of th e S ta te of W a sh in g to n , That
application be, and the same is hereby, made to the Congress of the
United States of America to call a convention for proposing amend
ments to the Constitution of the United States of America as authorized
by A rticle V of the Constitution of the United States of America.
Sec. 2. That a duly certified copy of this act be immediately trans
mitted to the presiding officer of each legislative body of each of the
several States of the United States of America, through the governor o f
each of the several States, with a request that each of such legislatures
pass an act of like import as this act.
Passed the house February 19, 1903.
Passed the senate March 7, 1903.
Approved by the governor March 12, 1903.
S tate of W a s h in g t o n ,
D ep a rtm en t o f S ta te , s s :
I, Sam H. Nichols, secretary of state of the State of W ashington, do
hereby certify that the above is a full, true, and correct copy of the
original enrolled law now on file in this office.
In testim ony whereof I have hero unto set my hand and affixed the
seal of State this 13th day of March, A. D. 1908.
[ se a l .]
S am H. N ic h o l s ,
S e c r e ta r y of S ta te .
The people of W ashington directly nominate United States
Senators under the protection of the law of 1907. (Washington
primary laws, 1907, chap. 209. M andatory; state w ide; direct;
includes United States Senator.)
W est Virginia primary laws, 1891, chapter G7. Optional;
rudimentary.
W ISCONSIN.
T o all to whom th ese p re sen ts sh a ll co m e :
I, J. A. hFrear,
secretary
o f state
of
the State of
Wisconsin u and
a ernan t c o n
1 h ftro a f
i Va
a t t a K n /> »..4 5r
l .. .
u '1
keeper of the
great seal thereof,
do hhereby
certify athat
the annexed
copy of joint resolution No. 10 has been compared by me w ith the
original enrolled resolution on file in this department and that tho
s a m e ^ a true copy thereof, and of the whole of such original enrolled
In testim ony whereof I have hereunto set my hand and affixed re a
^ o f 8 Maroh l l f l o o s 1" CaPit01’ in the City of Madison,5® ?s n t h
( se a l .]
J. A. F r e a r , S e c r e ta r y o f S ta te .
Joint resolution 10.
Whereas Article V of the Constitution of the United States provides
that “ the Congress, whenever two-thirds of both Houses shall deem it
UTAH.
necessary, shall propose amendments to this Constitution, or on the
House joint resolution.
application of the legislatures of two-thirds of the several States shall
^ h cre a s Article V of the Constitution of the United States provides call a convention for proposing amendments, which in either case shall
iiV..
tlle Congress, whenever two-thirds of both Houses shall deem it be valid to all ntents and purposes as part of this Constitution, when
necessary, shall propose amendments to this Constitution, or on the ratified by- the legislatures of three-fourths of the several States, or by
l o c a t i o n of the legislatures of two-thirds of the several States shall convention in three-fourths thereof,” e t c .; and
a convention
for
proposing
amendments,
in either case shall I
nild
ro nil
. f r rinfhntc
------------------- which
"vf*--™
Whereas the House of Representatives of the Congress of the United
Valid
»nrl
na norf
f-Vife
nitd to
to all intents
and nurnncoa
purposes as
part rof
this Pnnct?+ntinn
Constitution when | States has on four separate occasions passed by a two-thirds vote a
I
y
7120
Mat 3i
C O N G RESSIO N A L REC O R D — SE N A T E .
S hall the people rule ? is
resolution
W H IC H
the election of
Spates Senate has each time refused to consider
Whereas the United States ;
denyi ng to the people of the
L V r ffs f fie . ^ V a r e 'C V c u r T ^ m o c i a e s l r 'd change In the
D IS C U S S IO N .
m ° X ° » o ln d t T
K es° n e a oy
** * ? ^ ? ". "Article
* * o™e”
? «<?<« «/ Wof
te othe
ju inUnited
T h .t
V !>Seol
of the “ Constitution
5?Ae_ra t nnnHeationyis hereby made to Congress to forthwith call a
^nstftiitional convention for the purpose of submitting to the States
fo? li t flcation an amendment to the Federal Constitution providing
for the election of United States Senators by direct vote of the people,
&nR e s o l v e d , That the secretary of state be, and is hereby directed to
forward a proper authenticated copy of these resolutions to the Presi
dent of the United States, to the President of the Senate of the United
States and to the Speaker of the House of Representatives of the
United States.
j . a Davidson,
P r e s id e n t o f th e S e n a te .
I. L. L enhoot,
S p ea k er o f the A ssem bly.
T heo . W. Goldin ,
C h ie f C le r k o f th e S e n a te .
C. O. Marsh ,
C h ie f
C le r k
of
th e
A s s e m b ly .
The people of W isconsin directly nominate Senators under the
protection of the law of 1903. (W isconsin primary law s, 1903,
chap. 451; 1907, pp. 2. M andatory; state w ide; direct; includes
United States Senator.)
WYOMING.
Enrolled memorial 2, house of representatives.
B e i t r e s o l v e d b y t h e t h i r d l e g i s l a t u r e o f t h e S t a t e o f IVy o m i n g , That
the Senate and House of Representatives of the United States of Amer
ica bo memorialized as follows: The third legislature of the State r
Wyoming respectfully represents to the ^onorahle the Senate and thc
honorable the House of Representatives °f the Umted States of Americ
in CnnirrpRs assembled that they urge the submission or tne consii
tutionar amendments now pending in Congress
the State °
iip elected bv a vote of the qualified electors or tne srate.
Thev believe that the exciting and disturbing contest tor seats in the
le g ffiu re in V an y of th e States has been. owing m a great measure to
' “ fr m a n ^ ^ ta 'tls th e "sc io n s of th l legislature are limited to a speci
fied time,
much of this time has been wasted and consumed in a
fl‘ The'tem ptation t o ' c o S f i o n and the inducements to influence legis-
a^ffiS rssusa rss sysrn ; S 'S S =
n f tlio l e g i s l a t u r e s h o u ld h e c o n fin e d t o m a t t e r s o f l e g is la t io n ,
SSBSE
T h /e r o w th of a publfc sentim ent in this direction we believe to be
JrounT d upon good reasons, calling for an amendment of the Constitu-
tl0pioZred T h a fth e governor be, and he is hereby, respectfully rew s s a to^the s m s
m Congress from this State, in order that the same
S / K S 'h ?
of the Congress o r.h e U nitedSM es.
J ay L. T orkey,
Approved- February 1C, A. D. 1895.
WM A R ichaeds,
G o vern o r.
Wyoming primary laws, 1890, chapter 80; 1907, chapter 100.
R IniDs S t e I o i 37 S ta te s demanding or adopting the indirect
method of selecting Senators by vote of the people, in spite o
all the evidence submitted to show universality of opinion, the
w ill of the American people is refused the courtesy of a hearing.
M r P r e s id e n t, I a sk y o u , I a s k t h e S e n a te , I a s k t h e p eo p le
n / t h e U n ite d S ta te s , D o th e p eo p le r e a lly ru le?
f The refusal of the Senate of the United States to perform its
obvious duty in this matter of the submission of a constitu
tional amendment for the election of Senators by direct vote,
w hile very important as the gateway to other needed reforms,
is however, merely characteristic of the Senate under the con
trol of a party management that is ruled by a machine metho
unduly influenced by commercial allies and the so-called big
interests I shall presently show that the people can get none
of the reforms they want w hile this unfortunate condition
1 6 Mr1'president the unwearied and unconquerable Democracy
in the opening declarations of its last national platform laid
down the great issue that must next be settled in this country
...
*. . _
inrrpasing signs of an awakening throughout the
We
political
country.
The various
various flmvestigations
invesngarmns have traced graft
„ and and
laid bare
the
S - S n u l o u s mlt^ods by which they have debauched elections and
meyed u ’on a defenseless public through the subservient officials whom
they haV* raised to place and power.
The conscience of the Nation is now aroused to free the Goi-
ernment from the grip of those who have made it a business
asset of the favor-seeking corporations; it must become again
a people's government, and be administered in all its depart
ments according to the Jeffersonian maxim, “Equal rights to
all and special privileges to none.”
IT S E L F
IN
A LL
THH GREATEST
the
overshadowing
THE
Q U E ST IO N S
of all
N OW
i s s bf.
U J iD tg
is s u e s .
Mr. President, the greatest of all issues, not only in the Unite,}
States but throughout the civilized world, is the issue of popUL,r
government, or the government of the people against delegate,,
government, or government by convention, or government by
machine politics.
, „
..
The vital question is, Shall the people ru le. Shall they f (<n.
trol the mechanism of party government? Shall they have the
direct power to nominate, to instruct, to recall their public
servants; to legislate directly and to enact law s they w ant anq
to veto law s they do not want, free from corruption, intimiqa.
tion, or force, as w ell a s elect Senators who claim to represent
them on this floor?
, ,, .
The most valuable speech on good government that w as over
delivered in the Congress o f the United States was, in u,..
opinion, delivered by Hon. J onathan B ourne, Jr of Orog0ll
on Thursday, May 5, 1910, in which he sets forth this doctrine'
and presents to the American people the triumph— t h e p e n n n [
n e n t t r i u m p h — of the people of Oregon over the corrupt „i,q
corrupting methods of machine politics in Oregon, and in which
he sets forth the substance of the Oregon law.
Those law s establish in fact and not in theory the people* ^
rule.” They are as fo llo w s:
. ,
T h e A u s t r a l i a n b a l l o t l a w , which obviates the grosser for ms,
of intim idation and bribery.
T h e r e g i s t r a t i o n l a i c , applying to general or pi unary election#
by which a voter’s right to cast one ballot and h a \e it honestly
counted is preserved, and by which dead men, fiaiidulent liam,,,
repeaters, and nonresidents can not be voted in Oregon.
T h e i n i t i a t i v e a n d r e f e r e n d u m , by which the people can lnl.
tiate and enact into law any statute they w ant and veto am.
statute they do not want. The possible sins of om ission anq th,,
possible sins of commission of the representatives of the-peop]e
in the Oregon legislature are thus safeguarded.
The law of p u b l i c i t y p a m p h l e t s , published at state expen^
and sent to each voter fifty-live days before a general eleetl()I1
giving in brief a u t h o r i t a t i v e a r g u m e n t s f o r a n d a g a i n s t
p u b lic
m easure,
a u th o rita tive
a rg u m e n ts
fo r
and
ag a in st
any
p u b lic c a n d id a te .
T h e d ire c t p r im a r y la w ,
by which p a r t y m e m b e r s may nonq.
nate their own candidates and under which t h e w h o l e pe„,qe
may choose between candidates so named by each party.
S t a t e m e n t N o . 1 , by which a candidate for the legislature
pledges him self to the people of Oregon to elect the people,
choice for Senator w ithout regard to his individual preference
P r e s id e n t o f th e S e n a te .
S p e a k e r o f th e H o u se .
M A N IF E S T S
STATEMENT NO. 1 IS OF VITAL IMPORTANCE.
p r a c t i c e s a c t , by which all improper acts are
prohibited, such as promises of appointments solicitation .,r
acceptance of campaign contributions, distribution of anony
mous letters, sale of editorial support, intim idation or coei-eil
of voters betting on elections, attem pting to vote in the name Uf
any°other person, living, dead, or fictitious, and finally pr„v "'
ing for complete publicity of campaign expenditures and strict|y
lim iting the use o f money by candidates or by their friends anq
a llies or in their interest.
T h e r i g h t o f r e c a l l , by which any public officer may be re
called from office by h is electors on petition and a 8pecial
election.
„
The S A a to r from Oregon w ell s a y s :
“ Mr. President, I reiterate that Oregon has evolved the best
-system o f popular government that exists in the world to-daj“ The Australian ballot assures the honesty of elections.
“ The registration law guards the integrity of the privilege of
American citizenship— participation in government.
“ The direct primary absolutely insures popular selection ,, t
all candidates and establishes the responsibility of the public
servant to the electorate and not to any political boss or special
interest.
“ The" in itiative and referendum is the keystone of the arch
of popular government, for by means of this the people may
accomplish such other reforms as they dosne. J lie initiative
develops the electorate because it encourages study of princi
ples and policies of government and a fiords the originator of
new ideas in government an opportunity to secure popuiar
iudsm ent upon his measures if 8 per cent of the voters of big
State deem the same worthy of submission to popular vote.
The referendum prevents misuse of the power temporarily cen
tralized in the legislature.
“ The corrupt-practices act is necessary as a complement to
the initiative and referendum and the direct primary, for with
out the corrupt-practices act these other features of popular
government could be abused. A s I have fully exjilained, the
The
corrupt
CO N G RESSIO N A L RECORD— S E N A T E . .
1910
publicity pamphlet provided for by the corrupt-practices act
®«ords all candidates for nomination or election equal means
° r presenting before the voter their view s upon public questions,
Hnd protects the honest candidate against the m isuse o f money
_ Political campaigns. Under the operation of this law popular
ij'idicts w ill be based upon ideas, not money; argument, not
principles, not boss or machine dictation.
‘ The recall, to my mind, is rather an admonitory or pre
cautionary measure, the existence of which w ill prevent the
necessity for its use. A t rare intervals there may be occasion
. or exercise of the recall against municipal or county officers,
I believe the fact o f its existence w ill prevent need for its
against the higher officials. It is, however, an essential
eature of a complete system of popular government.
“ ABSOLUTE GOVERNMENT BY THE PEOPLE.
1 nder the machine and political boss system the confidence
sincere partisans is often betrayed by recreant leaders in
political contests and by public servants who recognize the
"■responsible machine instead of the electorate as the source of
Power to which they are responsible. If the enforcement of the
. gon law s w ill right these wrongs, then they were conceived in
^ ‘Stlom and born in justice to the people, iu justice to the public
V
ilud In justice to the partisan.
Tlavrily stated, the aim and purpose of the laics are to dc, "]i the irresponsible political machine and to put all elective
nm c e s in the S ta te in direct touch w ith the people as the real
?°“rcc of a u th o rity; in short, to give direct and fu ll force to the
'allot of every individual elector in Oregon and to elim inate
'oninance of corporate and corrupt influences in the adminisutl ,jn of public affairs. The Oregon laics m ark the course that
be pursued before the w rongful use of corporate power
J n f>e dethroned, the people restored to power, and lasting rcu>.'!> S(,eurcd. They insure absolute government by the people.”
mit r tlle IPfnmiation of the Senate and of the country I subh o n S au
to my remarks a copy of the Oregon and Oklaa n i * law s llP°n these important reforms so modified, explained,
n digested that they may be conveniently used by other States
v '
that they be printed as a Senate document. (S. Doc.
603.)
^ The initiative and referendum is the open door to every reform.
£*wRon, South Dakota, Montana, Missouri, Oklahoma, and
Mai ne have adopted it. In Arkansas it is submitted to the
eon1'1** aud sure t0 Pa ss- In Nevada its enactment w ill soon be
0 ^Plete. In many States cities have the initiative and referRurn in municipal affairs, Texas, M ississippi, Iowa, Colorado,
kotnSaS’ Nebi’aska, California, W ashington, Idaho, North Daf l j ? ’ Minnesota, M assachusetts in addition to the six States
Urst n a m ed .
ItlE SECRET ALLIANCE BETWEEN MACHINE POLITICS AND SPECIAL
.
INTERESTS.
*ir. P resident, the great evil from which the American people
a j,.e suffered in recent years has been the secret, but well-known
W1 .ailCe between commercial interests and machine politics, by
in i 8Pecial interests have endeavored and often succeeded
^. ''btaining legislation giving them special advantages in
c»i ° n’ ,S,tate» an(i in m unicipalities over the body of the Ameri*o t J )0°Pie and obtained adm inistrative and judicial immunity
l»v 1
iaw s have not been properly enforced against them ;
<>f
means they have enriched them selves at the expense
Pul l- American people; at the expense o f Democrats and Rehioi i DS alilcei Py which private individuals have become enor1 *,s|y and foolishly rich and many m illions of people intelr j lal,y, physically, financially, or morally weak have been
be<
ju iced to poverty and to a condition of relative financial, in
i
^ii'ial, and moral degradation.
Air. president, the mad scramble for unneeded millions, the
"restrained lust for money and power has become a national
• 11'I a world-wide scandal. H ow unwise it seems, Mr. PresiJ<‘nt, when a man already has more than enough to gratify
‘Very want, every taste, every luxury, every w ish that is within
,
bounds of reason or of common sense that he should still
'Ursuo a mad race for sordid wealth, using his great oppor».»• ii
for g()od) nQt for tlie w elfare of his poorer and weaker
"1 tiers, but to press them to hard labor through the artificial
lechanlsm of corporate taskm asters like galley slaves sent to
'.eive hours of labor seven days a week, to degeneracy and
’an, as has been reported to this Senate through tlie protected
at n a,v!d steel industries of Pittsburg (Pittsburg Survey) and
vvfthlehem (Report of Secretary of Commerce and Labor),
e l i 4 nn evil influence over our national life is being exer# the fa l»e social standards of lavish extravagance and
hull
1 ost°ntation, standards set by the thoughtless rich and
dowi *i ln graduated degrees by their satellites and admirers
a through society to those who can not afford extravagance
XLV------440
7121
w ithout injury or ruin. Our whole society is being injuriously
affected by these false standards of “ high living.” People have
automobiles who have no homesteads.
Mr. President, I regard it a s of great importance that the
country should understand the manner in which commercial
interests are using the powers of government through the
mechanism of machine politics.
Many men without the slightest intention o f departing from
the line of the strictest rectitude nevertheless engage in the
political game and use machine politics for their own prefer
ment, recognizing no better method and thinking it to be a fact
that purity in politics is an irridescent dream, and content that
tliejr are them selves guilty of no crim inal or gross immoral a c t
My comments on these matters are intended to have no applica
tion whatever to any individual iu the sense of im puting to
him a bad or depraved motive. It is the system which I attack.
All men where severely tempted are liable to err, and I be
lieve our Government should be so changed as to protect the
individual from temptation of any kind as w e would protect a
friend from exposure to disease.
Mr. President, I have no desire to seek partisan advantage by
pointing out the weaknesses of government under present meth
ods of party management. I should like to see the complete
restoration of good government in the United States. It w ill
require the most vigorous efforts o f the honest men of both
parties to restore the Government to a condition of integrity,
where high purposes, honor, and the common good shall ex
clusively rule.
I call attention to a brief sketch in the American Review of
Reviews, New York, April, 1910, of this condition in the State
of New York, which is merely illustrative, for the conditions
developed by Folk in St. Louis; the conditions of municipal
corruption exhibited in San F rancisco; the painful condition
recently exposed in Pittsburg, where over 40 members of the
municipal council and various bankers were found guilty of
criminal conspiracy against the people; the condition of graft
exhibited in the capitol building in the sovereign State of Penn
sylvania ; the condition of corruption known to exist in P hila
delphia, New York, and Boston are merely illustrative of the
frailty of human beings subjected to temptation under a defect
ive form of government. The condition portrayed by the R eview
of Reviews, edited by a great Republican editor, is but a slight
exposition of a widespread evil, which requires active cooper
ation of all upright men to abate and eradicate.
I ask the Secretary to read this article from the Review of
R eview s for April, 1910.
The VICE-PRESIDENT. W ithout objection, the Secretary
will read as requested.
The Secretary read as fo llo w s:
GOVERNMENT VERSUS BUSINESS.
The people of the United States are trying to work out proper rela
tions between law and government on the one hand and the modern
forms of business 'life on the other hand. The Roosevelt administration
awakened the country to the need of such adjustm ents, and it suc
ceeded in accomplishing som ething toward bringing about the desired
reforms. It was left for the T aft administration to propose an end of
the period of agitation, and to find stable and workable solutions for
various problems arising out of changed economic conditions. Almost
everything in the political and legislative news of the past few weeks has
had something to do with this struggle for right relations between busi
ness and government. The legislative disclosures at Albany, and the con
test for the control of the Republican organization of the State of New
York, would all be m eaningless if not interpreted as phases in tlie fight
to relieve the government of the Empire State from domination through
the power of money furnished by business interests seeking their own
advantage.
TH E NEW YORK SYSTEM.
T h e boss system in N ew Y o rk has had no th in g to do w ith p o litica l
leadership in a tru e sense.
T h e boss has been the man w ho took th e
monev from the corporations and then distributed it in su ch a w ay as
to p re serv e his ow n p o w er, w hile also making it certain that the cor
porations would contribute again the next year, and that the ultim ate
recipients of bounty would be w illing again to receive it and glad to
feed out o f the boss's hands. Tlie demoralization of the New York
legislature for many years past has been due simply to ill-a d ju ste d re la
tio n ships between business enterprises and the power of law and gov
ernment. Perhaps the very least and sm allest of the scandals of this
New York period nre those which through accident came into light
some weeks ago and compelled the investigation at Albany of charges
against the newly chosen leader of the state senate. It Is commonly
believed that the instance of alleged bribery, upon which the longdraytn-out Ailds-Conger Inquiry has turned, is m erely a m in o r illu s tr a
tion of a system that meant the buying and selling of legislative favors
on a large scale. Governor Hughes him self is now carrying on an in
vestigation into the purchase of lands for the Adirondack forest reserve.
It is charged that large areas of land which have reverted to the State
through nonpayment of taxes after the valuable timber had been cut off
were purchased fo r a few cents an acre a t tax sa les , and then bought
again by the State for the forest reserve fo r severa l dollars an acre,
all phases of the business being conducted by grafters more or less
directly connected with the Albany legislative machine.
ALL IN TH E NAME OF “ PARTY.”
Such are the charges, and Governor Hughes is likely to get at the
bottom facts before he drops the subject. Superintendent Hotchkiss, of
7122
M ay
C O N G R ESSIO N A L REC O R D — S E N A T E .
thP state Insurance department, has also on hand some Investigations
that noint to bribery and corruption in the legislature in connection with
^
of various insurance companies. Most scandalous allegations
have been made concerning the squandering of many m illions of dollars
the c o n d o n a tio n and purchase of lands for the Catskill water supI
t a is to co™ New York City at least a hundred m illion dollars
All these tilings, and various others that m ight be named, are a part of
t tlit famous New York “ system ” that h a s made p o litic s profitable fo r
Iro fc^ sig n a l p o liticia n s. This is what has built up in the Empire State
the closely knit “ organizations,” so called, of party men, w ith their
fnise theories of leadership and their im pu den t ta lk about p a rty regu
la r it u
They have Invented a d o ctrin e of p a rty obedience th a t has
been used fo r th e benefit of th e w eak-m inded, w ho lik e to t h in k th ey
h a re con sciences, and who wish to justify in some way their good and
regular standing in m ilitant parties, even though deep down in their
hearts they know that the “ Black Horse Cavalry ” at Albany is usually
in the saddle and in the van.
A TWO-PARTY ARRANGEMENT.
The simple reason why it is so hard for the State of New York to
shake itself free from the system th at has heretofore controlled the
legislature is because i t has been a b ip a rtisa n system. Ta m m a n y H a ll
and the R ep u b lica n m achine have for many years been su p p o rted by the
sum e in te re sts. The chief business of the legislature of New York for
a generation, it would seem, has been to s e ll in d u lg en ces. Millions of
dollars, it is said, have been paid by all sorts of Interests— transporta
tion
companies,
lighting
companies,
telephone
companies,
in
surance companies, and so
on— mostly
under the g u ise
of
p o litica l co n trib u tio n s or cou nsel fees, in order to obtain desired
privileges or to prevent the passage of some measure deemed harmful.
The contributors of these funds have only cared to secure results. How
the money was distributed was som ething they did not wish to know.
The Republican part of this money was doubtless used very largely for
the purpose of m aintaining the system of so-called leadership and regu
larity. Republican regularity in the State of New York has long meant
th at “ good R ep u b lica n s ” m u st n o t do too m u ch th in k in g , but must
obey orders. O rd ers are supposed to com e fro m th e leader. L e a d e r
sh ip cen ters a t th e p o in t w h ere cam paign fu n d s are received and d is
bursed. A liberal disbursement of funds, on a plan system atically con
ceived and worked out, has usually m ade i t w o rth w h ile for R e p u b lica n
members of the legislature to w o rk loyally in th e org a n iza tio n n n d v o t e
as the leaders dictate. The local p a rty papers throughout the State
have also been made to re a lize the d e sira b ility of su p p o rtin g th e o rgan
iza tio n and taking their re sp ectiv e places within the system . Independ
ence has been risky and expensive.
THE CONTROLLING FACTORS.
This wonderful Republican machine in the State of New York could
never have had so long, prosperous, and powerful a career but for two
highly important facts. One of those facts is the im m ensity of the pri
vate interests which have been able and anxious to support a system
th at would keep law and government in subservience. T h e o th er fa ct
has been the existence of T am m an y H a ll, a g reat p riv a te co n sp ira cy fo r
th e pu rposes of p lu n d e r, w h ich has co n tro lled so large a block of the
D em o cra tic m em bers of th e leg isla tu re, in close and profitable allian ce
w ith the R e p u b lica n m achine, th a t it has n ev er been possible to use one
p a rtu in the S ta te of N ew Y o rk as an in stru m e n t fo r p u n ish in g the
venal m ethods of the oth er p a rty
Furthermore, it m u st n o t be su p
posed th a t a n yth in g like a m a jo rity of th e m em bers of the N ew Y o tk
leg isla tu re have been in the habit of lining th e ir po ckets w ith thousandd ollar bills by reason of a cold-blooded, deliberate acceptance of bribes.
V e ry m any of them have sim p ly been lacking in a p ro p er sense o f th e ir
person a l re sp o n sib ility as law m akers. They have sheltered them selves
behind a false th eo ry of p a rty re sp o n sib ility . They have found it sa^e
and com fortable to be regular, and to give the machine the benefit of
their own personal respectability, in exchange for having the state cen
tral committee give them support in their districts, and otherwise keep
had the effrontery to boldly demand th a t the Speaker’s power ghp.,,,
curtailed they were called insurgents. And this same Power0 '!‘J
they were fighting was at once used to deprive them of all inflUe, Uld,j
The
upon
question
the
aobr ru lid
I lie insurgents,
l l W U t f t k i i w , w hile united
___ _
-r
1 the
tile l
i u c o u u u of
n
cut; u
i rpm ^ -,
<
th e Sp eak er’s pow er, w ere n o t pledged to an y p a rticu la r lin e of
tion . For in sta n ce , som e o f th em desired a liig h tariff w hile '
w ere ad vocates o f a lo w ta r iff; bu t th ey a ll agreed th a t th e tariff 11...
tio n should be determ in ed by th e m em bership o f the House and
J
aaif.n nnointeri board o
con trol. Some
Som e o f th
em were
w ere in tfu' ! >»
any self-appointed
off control.
them
postal savings banks; others were opposed to i t ; but all of them r <#
curred that the membership of the House should have the right to"i
^. .
mine
Individual
the questionnoH
o f postal
savings bank,
________~i
1/1 votes
^,^4.
finn n
_- ,,vs u
u
u . by
YS their
that
the
question
should
not be determined
and
disposed of
ftf<
^PT 1kw were not advocating any particular legislation ; they
standing for the Individual right of every Member to have his
of influence in legislation and to bear his part of the responsibi|it ,n i'*ii
the same. It was a question, therefore, that reached to the very f * f'»t
tion of representative government.
A STAND FOR PRINCIPLE.
T he In su rgents stood for a prin cip le— -that of p e r m ittin g every \ .
her to be un tram m eled In h is vote and in h is a c tio n ; to be a b A ,,, "•
free to rep resen t h is c o n stitu en ts w ith o u t fe a r o f pu nishm ent
self-c o n stitu te d m achin e and w ith o u t hope of rew ard from patr0^ *
di ItriisUdifficult for an observer, especially at a distance, to real}*.
wonderful Influence the Speaker exerts over legislation. The poWt’k*
the Speaker to appoint all the standing com mittees and to comm?. of
dominate and control the Committee on Rules gave to that
tyrannical control of legislation that completely elim inated in, &
a
action and individual representation in the House. Intrenched
k''*i
fhe rules of the House were all the special interests that at any
expected to be interested in national legislation, and had the i n s . L ^
known at the beginning of their fight the wonderful power and "?«
unlimited means at the disposal of the Speaker and his machine
would perhaps, have hesitated, If not declined altogether to e n tA * ^
fight—-a fight which, while waged entirely for principle, endangered
V£>They* d ld n o t *km fw ff or instance, a t the beginning that Standard T
had any interest in the ru les,of the House of Representatives.
On
They were not aware th at Tammany was safely intrenched b*hi
th f h e v ah a d rnoeidea th at the brewers of the country were d e p e n d s N
these rules to prevent an increase of the internal-revenue tax on
the 15th day of March, 1909, when the first great k
w a i fought between the insurgents and the machine it w as dig,.??'!*
Vhnf nil these in terests were combined in the effort to retain ti -f'*J
rufeg of the House and to have adopted the so-called Fitzgerald
merttWns soon discovered that the machine against which the insn,„
w ere^ o m S llo d to fight, w hile having its head in the Speaker’s ^ ^ t ,
W ashington, really extended to every city and ham let in the
i»
S t a t e s a s evidenced by the influence brought to bear upon the dlff?t,?<l
M e S r f from all parts of the country in an effort to induce t f r *
sta v b v the Speaker and save the machine from ruin
T he in su r g e n ts h ave stood for a p rin cip le n o n p a itis a n in its n»i
and beyond and above p a r tisa n sh ip . T he r ig h t to be independent
R e p resen ta tiv e in C ongress and to fo llo w th e d ic ta te s of in d ; ,* ' *
conscienlfe is a p rin cip le th a t can n o t be d e fe a te d or subm erged M g
cry of p a r tisa n sh ip .
NONPOLITICAL POLITICS.
T he h isto r y o f th e H ou se of R e p r ese n ta tiv es w ill sh ow that when
n en
u b lle a n s» are
in con trol ovo
th e in
D em
ocrats th
are
a lw a y s figh tin g th " ? ***
K
epuouca
a
nnnfrol
e ReDublicana
and
th e ir po litica l path s sm ooth and pleasant.
The Review of R eviews I have alw ays regarded as a Repub
lican publication, and therefore regard the quotation I have
given as the admonition of a friend and not a mere hostile,
biased criticism.
.
I summon only ono otlior witness, ftltliougti I could give ft
m ultitude— George W illiam N orris, of Nebraska, the leader of
the Republican insurgents in the H ouse of Representatives, a
man whose fidelity to the principles of the Republican party
can not be questioned. In the Woman’s N ational D aily, Satur
day May 21, 1910, Mr. N orris made the follow ing statement,
which shows that behind the protection afforded by the rules
of machine organization special interests seek shelter and im
munity from the law.
W ithout objection, I w ill simply insert in th e R ecord Mr.
N orris’s comments.
The VICE-PRESIDENT. W ithout objection, the request is
complied with.
The matter referred to is as follow s:
[From the Woman’s National Daily, Saturday, May 21, 1910.]
THE MEANING OF INSURGENCY.
/W ritten for the Woman’s National Daily by Representative G eorge
v*
W illiam N o r r is , of Nebraska.)
I am asked to define insurgency as it exists in the National House of
Representatives. The term “ in su rgen t” was originally applied as an
epithet of derision to those Members of the House of Representatives
who asked that the rules of the House he changed, by taking away from
the Speaker some of his extraordinary power.
The principle for which they stood is one which is fundam ental, if
we would retain a representative government. It is a greater and more
important question than any concrete legislative proposition that has
been before Congress for many years.
It has been well known of all men that the Speaker of the House of
Representatives possessed a power that was second only to that of the
President of the United States ; and, in some respects and in some in
stances, it was even greater than the President’s power. This power
was given to the Speaker entirely by the rules of the House, and a few
Members claimed that this power should he taken away, and that the
Speaker should not be able to control arbitrarily the votes and the
of the individual Members of the H ou se; and because they
ESffe
sst
ffa
^ t n n c e s w h e r f the political machine of one party has been u£ *
in the effort to save the life of the political m achine of the 0p , ,r?
n^rtv This was illustrated when Tammany, a Democratic or£i
tio n fca m e to the assistance of the Republican machine in r e t a i n i n g
oldItIIS
not0 require any particular courage for a Democrat to
the rules of the House when the Republicans are in control. nebvht
does it mean very much when a Republican is fighting the ty r a n lc *
control of the Speaker when the Democrats are in control. But
surgents came out into the arena and opposed this power of the
whfie their own party was in control of the Ho.use, thus b rin g iJ * * * *
them selves the censure and the condemnation of the s e l f - c o n s u l
and self-appointed machine and the so-called— and we hope te m p o n S *
leadership of their party in the House.
They were charged w ith being false and untrue to their own r>«M
This charge__known by those who made it to be w ithout t r u t l » *
w ithout foundation— was preferred in order to injure the standL**'}
heme of the so-called insurgents, and possibly to influence then?
W ashington °by an appeal t o t b e ir party pride. Those of the
regulars who oppose the insurgents and defend the old rules o f !?5
House make no argument in defense of the rules where the attack ^
mfThe insurgents have never stood for any proposition for unltma .
debate in the H ouse; have not asked that the so-called Reed ruW*?*
changed. They have not asked that the Committee on Rules should k!
abolished or that its power to make special or privileged reports h e U ^
tailed And yet when the Cannonites come to the defense of the ml'
S i n e they invariably do so by pointing out the chaos that would f0 n *;
the right of unlimited debate or the overturning of the ruling ado Z
by ex-Spenker Reed wherein lie counted a quorum.
Insurgency means the preservation of republican governm ent n ..
greater than the question of the tariff or of lalh oad -rate legislation ,*
a n y other questioS of legislation because it represents a principle thE
fs fundamental, and because without the principle for which It
being established we can have no legislation that is representative ^
the people, but only such legislation as is satisfactory to the tuachl^
which controls.
THE REAL ISSUE.
Because this machine happens to be headed by a Speaker whose t b w
and liking for power have made him more brazen than any of ids
cessors is no sufficient reason why the issue should be made an lnsa
1910.
CO N G RESSIO N A L RECO RD — SE N A T E .
nviTi^e i,ssue
Cannonism, not C an xc ^ the individual—not C a n n o n the
w,10> »s a matter of fact, has been shorn of a great amount of his
1 r-if an ■ is facing now his long-deserved defeat.
rotirr. ■ °*u sm ‘s <;^ie issue- It Is a word which has really been coined to
a nmi no opposition to change—opposition to progress; obedience to
ertpo* °?r~0,5e(Iience to favored interests. It represents a power exOann • * 10 PerPetuation of evils which have already too long existed,
virliin?n « i rePresents property rights, while insurgency represents indith« rT„ r ,gnts—representative rights. Insurgency means the rights of
pennEf0 r?’ through their chosen Representatives, to legislate for the
that ti, t-.annonism means the control of these legislative elements so
genew 6 v,?ats of property shall be placed above human rights. Insurertv t 't l 11 e n°l- denying the right of wealth or accumulation of prope Proper protection of law, stands for the control of such agtho ri u wealth and the subserviency of the rights of such wealth to
™
0* the individual. While insurgency, as stated above, does
«hroneH
an^an.y Particular legislation, yet it does mean that if the people,
thevTi ,r •f i r chosen Representatives, desire any particular legislation
it a t
have the right to it and shall not be prohibited from receiving
chines 6 ^ h e s t °f accumulated wealth or well-organized political mamonIrfUr?eilcy ^0es not mean the disruption of the Republican p a rty ; it
ennoi ,lts Purification, its enlightenment, its advancement; it means
chin r ghts and equal privileges, and is opposed to machine rule, math» ««»c°Dtr°l, and corporate domination. It places country above party,
c man above the dollar, the individual above the machine.
THE BIPARTISAN ASPECT.
/M r. OWEN. Mr. President, I shall not offend the columns
f t the C ongressional R ecord w ith the multitudes of instances of
“orruption iu m unicipality, city, or federal government, with
viuch the public press has been constantly filled. The corrupidn shown in St. Louis by Mr. F olk; in San Francisco by
n f ° ’ .in C hicago; in Pittsburg, where more than 40 members
i the cify council were indicted for g r a ft; in Albany, N. Y .; in
_ firrisburg, P a .; in New Y ork; in B o sto n ; in Philadelphia,
jv e 'vi<le prevalence of corruption in government in our great
iimt >lic is a deep national disgrace. The number of egregious
is } Uces is both shocking and amazing. This nation-wide evil
jtlm i Vever’ directly due to the w eakness of human nature and
Ivon i fective mechanism of party government which has una■cor aWy developed under a system of machine politics, w ith its
lt a « Pt and cm-rupting methods, which subjects men to temp‘ u j ° as that too often prove irresistible. The evil, under such
I jLD°d system, would arise under any party in power, and can
'
absolutely elim inated and eradicated by the law s I propose,
u-j? distinguished, statesm an once said that the idea of purity in
1 U,[lcs w as an iridescent dream.
„ ,“e People retired him, and thereafter he described him self
IT U S*adesman out of a job.”
out v eglected bis opportunity to find a remedy and point it
0f
Yot he w as a well-meaning man, an orator and a scholar
great ability, but he saw no way out.
PURITY IN POLITICS.
irn* iS not true’ Mr- President, that purity in politics is an
Rvst SCGnt dream. It can be made a reality through the Oregon
] > e r f l ° f P0Pular government and by the overthrow o f the irnh‘i,i 4 niecbanism of party government which has evolved the
, ! system of machine-rule government. The remedy for the
J. 118 from which our national, state, and municipal governments
fuli° suffered is to restore the rule of the people— to restore the
to n IK)wers o f government to the people by the Oregon system ;
iniib*8 law s by which the people can directly nominate, directly
flir i h law s i-hey do want, directly veto law s they do not want,
P o l D ' i reca11 Public servants, by which the people can set aside
cont i mercenaries, who often seize upon the reins o f party
■CruTj01 under color of party enthusiasm w ith the cold-blooded
i Powo T Purpose of selling government favor for profit or
j t hl ®* 1 Pray the leaders of all parties to promote the rule of
I ^People by the Oregon system.
! ami
People have no sinister purposes. The people w ill not
out.
^ Ile people are “ safe and sane."
people are conservative and sound.
^
People are honest and intelligent.
th e people w ould vote fo r the public in terest aljonc and would
,vote for purely selfish private interests.
* lle people would not grant ninety-nine year or perpetual cor» 'rate franchises or legislative privileges of enormous value
"*°ut adequate consideration.
{h e people w ould not deprive any persons of th eir ju st rights,
ico n*er ^,lc r,d e ° f the people the issue of w orld-w ide peace
raitiCd an,i would, by popular v o te of all nations, be
d<‘ a perm anent international law.
I
People know more than their R epresen tatives do, and are
s passionate and less liable to be led into either Internal or
rnational comp]ications.
t r » J c ,t>eol)tc a re w orth ier to be confided in than any individuals
7 / <d "dth temporary power.
F in J>co{>le w ould be economical in governm ent.
Publb*01" tlle rule of the people, with the right of recall, their
servants would be more upright, more faithful, more dili
7123
gent, more economical, and more h o n est; the public service
would be purified; the bad exam ple of corruption and extrava
gance in high places wrould be removed and new and better
standards of public and private conduct would prevail.
rih e servants of the people would then concern them selves
more in bringing about the reforms which the people desire.
IF THE PEOPLE REALLY RULE, WHY DON’T THE PEOPLE GET WHAT THEY
WANT ?
Mr. President, “ popular distrust of our legislative bodies is
undermining the confidence of the people in representative gov
ernment.” It is promoting radical socialism and developing
elem ents of criminal anarchy.
It is developing forces that have in past history overthrown
governments and destroyed the existin g order.
The people desire many things which they are entitled to re
ceive, which have been promised to them, and which have been
withheld or at least not delivered by their public servants, who
in reality make them selves the masters of the people when
trusted with power.
The people w an t low er prices on the necessaries of life and the
reduction of the tariff. Why don’t they get it? They wrere
promised reduction, but they got a higher tariff and higher
prices than before.
W hy do th ey not get reciprocity? It has been repeatedly
promised in party platforms and on the hustings.
R eciprocity w as the policy repeatedly declared by B laine and
McKinley, and it w as again proclaimed in the Republican na
tional platform of 1904, upon which M cKinley and R oosevelt
were elected, confirming the policy upon which the people had
previously trusted the Republican party w ith power.
But the Republican organization in the Senate on March 5,
1903, finally defeated every reciprocity treaty negotiated under
the authority of the “Act to provide revenue for the Govern
ment, and to encourage the industries of the United States,” ap
proved July 24, 1897, to w it : The convention with France, sub
mitted December 6, 1899, agreement extending time to ratify;
submitted March 21, 1900; again March 9, 1901; December 4,
1902, and so forth. Recommitted March 5, 1903. In like man
ner were smothered and killed the following reciprocity treaties:
The convention w ith Great Britain, March 5, 1903; the con
vention for Barbados, March 5, 1903; the convention for B ritish
Guiana, March 5, 1903; the convention for Turks and Caicos
Island, March 5, 1903; the convention for Jamaica, March 5,
1903; the convention for Bermuda, March 5, 1903; the conven
tion for Newfoundland, March 5, 1903; the convention w ith
Argentine Republic, March 5, 1903; the convention w ith Ecua
dor, March 5, 1903; the convention w ith Nicaragua, March 5,
1903; the convention w ith Denmark for St. Croix, March 5,
1903; and so forth, and so forth.
The people w a n t low er prices and the reduction of the tariff.
Why don’t they get it? They were promised reduction, but they
got a higher tariff and higher prices than before and sham eful
“ reta lia tio n ” instead of honorable “ reciprocity.”
The people leant the control of monopoly and the reduction
of the high prices of monopoly. Why don’t they get it? All
parties promise it, yet Moody’s Manual shows that the gigantic
monopolies have rapidly grown until their stocks and bonds
comprise a third of the national wealth. They aggregate over
thirty thousand m illions o f dollars. Moody’s Manual for 1907,
page 2330, gives over 1,000 companies absorbed or merged by or
into other companies for 1907, and these conditions grow worse
each year.
Organized monopoly controls the meat market; controls the
selling price of beef, mutton, pork, fowls, and every variety of
meat.
Organized monopoly controls the prices of all bakery products
and candies and preserves; controls the prices of all canned
goods and tropical fru its; controls the price of sugar and salt
and spices. Monopolies control everything that goes on the
table, as food, as tableware, china and glass ware, and the price
of the table itself; controls the price of everything th at enters
the house, the furniture, the carpets, the draperies; controls
the price of everything worn upon the back of man, of woolen
goods, of linen goods, of silk goods, of cotton goods, o f leather
gobds. They control the price of all m aterials of which buildings
are constructed—lumber, iron and steel, cement, brick, plaster,
marble, granite, stone, tile, slate, and asphalt. They control
paper and stationery goods, iron, copper, and steel and metals
and goods made of these m aterials. They control dairy prod
ucts; they control railways and steam ship'lines, telegraph, tele
phone, and express companies. They control everything needed
by man. from the cradle which receives the baby, and the toys
with which a child plays, to the casket and the cerements of the
grave.
/
rri.pv have raised prices 50 per cent higher than the markets
of the world, and their apologists, the political allies of com
mercial monopoly and their intellectual mercenaries, fill the
nuhlic press w ith solemn argument about the quantitative
theory of money and the increase of gold as explaining and
justifying high prices.
.
.
The whole world is staggering under the high prices or
monopoly, and the people of the United States are afflicted with
prices 50 per cent higher than those paid by the balance of
mankind. The people ask for bread and they get a stone, a hey
ask for lower prices and they get a Senatorial investigation as
to the causes of high prices, and the causes of high prices when
ascertained by this unnecessary and absurd research w ill un
questionably be used as a special plea and as an apology and
pretext for denying the reasonable demand o f the American
people for the restraint of monopoly and the lowering of prices.
These high prices mean that it takes $150 to buy w hat $100
bought before and ought to buy. It is very hard on domestic
servants, all of whom are asking higher wages. It is very hard
on people with fixed salaries or of sm all fixed incomes and
annuities and w ith pensions. These artificial high prices make
the few, the monopolists, very rich, but they sorely, painfully
tax the living of the poor.
This policy is justified neither by common sense nor by
patriotism.
T h e p e o p l e d e m a n d a f a i r p r i c e f o r t h e i r c r u d e p r o d u c t s , for
their cattle and hogs and sheep and the corn and hay and grass
fed into these domestic anim als and marketed. The beef trust
artificially fixes the price of w hat they produce, ^ . ^ c o m
petition, at an unfair price, and no remedy is afforded, lh e to
bacco trust fixes the price of their tobacco, and is stirring up
the night riders’ rebellion w ith its ignorant, criminal, and pitiful
protests, by stealing the value of the labor of the tobacco raiser
by artificial prices and no relief is given.
The th ief uses the sword o f the State to punish the protest
of its victim, who in blind passion violates the law of the Gov
ernment that does not protect him. It is a sorrowful sight.
Gamblers in the market places undertake to force prices of
wheat, corn, oats, and cotton back and forth for gambling pur
poses and no relief.
_ .
, „ , „
Is it any wonder the people abandon the farm and find a
worse condition in the grinding competition of labor in our
great cities, where monopoly again fixes the price of labor . Is
it any wonder labor m akes violent efforts to protect itself and to
protect the w ives and children, who look to them for protection.
XV THE PEOPLE BULB, WHY DO THEY NOT GET WHAT THEY WANT?
Why
do they not get it? Are the people in control of Government, or
are the trusts in control? Do the people really rule?
T h e p e o p l e d o n o t a p p r o v e b l a c k l i s t i n g o f e m p l o y e e s by the
tariff-protected monopolies, yet they get no relief.
T h e p eo p le h a v e b een p r o m ise d th e co n tro l o f m o n o p o ly.
T h e p eo p le do n o t a p p r o v e th e g r in d in g d o w n o f w a g e s b y th e
p r o t e c t e d m o n o p o l i e s , from which brutal policy, po^ertj, crime,
inefficiency, sickness, and death must unavoidably follow.
WHY DO THEY GET NO BELIEF?
an e m p l o y e r s ' l i a b i l i t y a c t eight hours
of labor and one day of rest in seven and sanitary housing for
labor Why do they not get it? Is the demand unreasonable?
H as not the condition at Pittsburg, the center o f the great sy s
tem of American protection, been fu lly set forth by the highest
authority, by the trained experts of the R ussell Sage foundation.
Did they not point out tw elve hours o f labor seven days in
the week as the usual rule, impure water, impure food, insani
tary housing, sick women and children? Does not the recent
report of the Department of Commerce and Labor of the Bethle
hem Company confirm it? W hy is there no relief from these
hideous conditions of American life?
The
p eo p le
M ay 3j
CO N G R ESSIO N A L R E C O R D — SE N A T E .
7124
d esire
T h e p eo p le do n o t a p p r o v e
d a n s i n t h e w e e k that makes
tw e lve
hours
o f labor fo r
seven
of man a pitifu l beast o f burden
anil destroys his efficiency and life. The Sage Foundation
pointed out these tragical conditions at Pittsburg, as I have
heretofore pointed out to the Senate; the Department of Com
merce and Labor has reported to the Senate a like condition at
the Bethlehem Steel Works, in answer to a resolution of the
Senate offered by me.
Why is there no relief or attempt a t relief?
The part which the United States Steel Corporation has played
in promoting political campaigns is an open secret and furnishes
one of the obvious reasons why relief is not afforded.
T h e p e o p le tc o u ld lik e p u b lic ity o f c a m p a ig n c o n trib u tio n s,
a n d a th o ro u g h -g o in g c o rr u p t-p ra c tic e s a ct.
Why do they not
get it?
Who is interested in m aintaining the corrupt practices? Do
nnt the neonle desire corrupt practices stopped?
Who opposes publicity of campaign contributions? Do not th,
people w ish publicity of campaign contributions and effect ■
control o f the use of money in campaigns?
The
u c ts.
p eo p le
d e sire
to
c o n tro l g a m b lin g
in
a g ricu ltu ra l p r
Who is concerned in m aintaining this evil system
gambling in w heat and corn and oats and rye and cotton*,
Do the people desire this gambling to continue, and would u
continue under the rule o f the people?
. The people despise the legislative treachery o f the so-cauM
“ joker ” in their law s which defeats the implied promise of
lief in the law. When the people rule this legislative trickGf''
w ill cease.
.
, .
Oh, it is said, Mr. President, that the people do not know * 1,
they w ant nor how to govern them selves directly, but only ^
representatives.
.
I e m p h a tic a lly d e n y it.
T h e d e m o n stra tio n tn O regon
fin a l a n s ic e r to s u c h s h a llo w p r e te n s e s .
I confess for the
*
part they are an unorganized mob in politics; that for
i AC1 TYVOTVOC
td
/X
Vvrr w. _
1
l ___ A T1
years they have trusted political parties managed by maekj ‘y
methods; that they do not select candidates or issues; but (w f
gon and Oklahoma point a new and safe way to correct thiH
deficiency.
T h e p e o p l e w i s h t h e g a m b l i n g i n s t o c k s a n d b o n d s to be
minated. Why does the Senate not act? W hy does not th
Congress act and forbid the m ails to the most gigantic an,
wicked gambling scheme the world has ever known—a gigj^**
sponge, which absorbs by stealth and craft hundreds of u,ij
lions annually from foolish trusting citizens, m isled by f.,j
anneals to their avarice, cupidity, and sim u la tiv e weakness*
derisively called “ the lambs,” who pass in an unbroken sttT !;
to slaughter on the fascinating altars of mammon
*
W h y a re th e r e se rv e s of th e n a tio n a l
s i v e l y f o r c o m m e r c e , but used instead
banks n o t used
as an a&ency 0f
gambling and overcertification of checks as a chief auxin *
I tried my best in the Senate when the financial bill was jn.,",
ing in 1908 to amend this evil condition, but the Senate *.!,
remember the denial of that relief.
Why is there no control o f o v e r c a p i t a l i z a t i o n of the o v c r i ^ t
o f s t o c k s a n d b o n d s o f c o r p o r a t i o n s , another m eans by which t
people are defrauded?
Why is there n o e f f e c t i v e c o n t r o l o f r a i l r o a d , p a s s e n g e r , a
f r e i g h t r a t e s after forty years of agitation?
Do the jL 7
w ant reasonable railroad rates, or do the people conduct t V
Government o f the United States?
The present discussion o f railroad freight rates on the fLw
of the Senate and on the floor of the H ouse is alm ost entire
in vain, because the jury is not a jury in sym pathy w ith?,*
people, but a jury that, most unfortunately, u n d e r m a c h i n e
can not be free from the influence of the enormous power
the railroads in politics. The debate is well-nigh useless **
for th is reason w ill amount to nothing in the way of substamui
relief to the American people, except to defeat a skillful
*
planned against the people under color o f serving them.
***
Whv is there n o a d e q u a t e c o n t r o l o f t h e d i s c r i m i n a t i o n
r a i l w a y s against individuals, or discrim inations in filV0r
*
community against another?
.
The people are opposed to these discrim inations, but th*.!
representatives, the party leaders who are in power do not S'"
ouatelv represent the reasonable desires of the people.
W h v i s t h e r e n o p h y s i c a l v a l u a t i o n o f r a i l w a y s (giving »>
railway companies generous consideration of every value
are entitled to) as a basis of honest freight and pag^.,,"
ra tes ’3 The Interstate Commerce Commission has repeatJjf
advised us that it w as essential and necessary, but yet tr “y
has been no response from the authorized representatives 0f
people.
TF TIIE PEOPLE BULB, WHY DO THEY NOT GET WHAT TII*X
ENTITLED TO?
W h y i s t h e r e n o p a r c e l s p o s t f Would it serve the interest
the people and protect the deficit of the Post-Office D e p a r tn w .
Undoubtedly. B ut the great express companies have s u c h T
litical power w ith the dominant representatives of the
that the dominant representatives do not ju stly represent th!
people, but represent instead those who contribute money
influence secretly to campaign funds.
W hy do wo not h&vo a n a t i o n a l d e v e l o p m e n t o f g o o d
exonerating w ith every State and county in the Union?
The people undoubtedly w ant it and undoubtedly need it
Why do w e not have a s y s t e m a t i c d e v e l o p m e n t o f our
tio n a l w a te r w a y s ?
The people w ant that, but the recent r i v *
and harbors bill, appropriating fifty-two m illions, spent m**!
m illions on local projects w ith political prestige, but w it W
a thoroughgoing national design.
The people desired a p u r e f o o d a n d d r u g a c t , and it took ,
ixno. time to se t it. and i t s a d m i n i s t r a t i o n n o w i s m a d e a i ,n *
1910.
CO N G RESSIO N A L REC O R D — SE N A T E .
im possible by the influences over governm ent of self-prom oting
toni mercial in tercsts.
U Inj is equality of opportunity being rapidly destroyed and
absorbed by corporate growth and power without any protection
ot the young men and of the young women and people of the
laudV Do the people w ant equality of opportunity? W as it not
promised in the Republican platform?
I he people universally desire an income tax. It w as de
puted in the Supreme Court by a fallacious argument, which I
lave heretofore pointed out, and w ill probably be defeated as a
constitutional amendment, because of machine rule and the inRenee of private interest w ith machine rule, which is more
potential than the public w elfare.
" hy do the people not get a progressive inheritance ta x on
tiie gigantic fortunes of America? The people w ant it. Every
Ration in Europe has it, even under monarchies, as I have here
tofore shown, with the m ost exact particulars.
Common honesty and fairness demands it, its constitution
ality is affirmed by the highest courts, and it would not offend
the feelings of the most avaricious multim illionaire at the tim e
°f its enforcement—after he w as dead.
Why do toe w a it so long fo r the adm ission o f A rizona and
Acio Mexico? For years it has been promised; for years those
people have w aited upon the administration of justice by the
Congress of the United States.
Finally, Mr. President, w h y do w e not have election of Senaors by direct vo te of the people? The elected representatives
of the people in four preceding Congresses have, by a vote sub
stantially unanimous, favored and passed resolutions for this
purpose. Did they represent the people of the U nited States?
nrty-seven States now stand for it. Do they represent the
ieopie of the United States? A ll the great nonpartisan organi^a tmns of the country, the American Federation of Labor, the
» ociety of Equity, the N ational Grange, the Farm ers’ EducaLioinil and Cooperative Union, and every one of the great polit, al parties w ith the exception of the dominant party, in its
of T»0nal l,latforin’ an(1 even here a majority, a great majority,
an ;lepnblican States favor it and have so expressed them selves,
oIia yet no action. Nine-tenths of the people w ant it, and the
^ a t e of the United States defeats it, and the Senator from
luaho [Mr. H eyburn ] amuses the Senate by calling this mature
hgment of the American people “ popular clamor.” It is
enough to make the Senate laugh, this mirth-provoking “ popui-lr clamor,” evidenced by the insane legislatures of Idaho and
Kentucky.
Is it wrong to inquire—
DO THE PEOPLE EUJ.E?
Everything that they stand for and desire is defeated. All of
no great doctrines that they have been urging forward are ob«ructed. Some of the Republican leaders say, “ Y es; the peojie rule through the Republican party.” My answer is, Mr.
* resident, th a t if the people ruled through the Republican party,
w ould have long since answ ered th eir own prayers and
tilUrns^8 f avora^ y and n° t honied them selves th eir oicn peJ l n . President, the evils which have crept into our Government
thr ° grown up naturally under the convention system, not
t)*ir+US]l tbe fau lts of auy particular man or any particular
Itl, v \-1 believe in the integrity of the great body o f the
\vhi
1CaB citizens of tllis country, but I have little patience
pure machine politics guided by selfish interests in either
•in'i ' 'rile system of delegated government affords too open
, abundant opportunity for commercialism and for mere selfceiaug political ambition.
Jt has seized upon the party in power, as it alw ays seeks to
0 wIth the party that can d e l i v e r , and it w ill be a task of
‘Rormous difficulty to purge the party in power o f these dan
gerous and sinister forces, if, indeed, it do not prove utterly
ffi'posslble except by its retirement from power.
some cases delegated government, even under a machine
r,'n u . is perfectly upright, perfectly honest, and serves the cause
!’r tbe people excellently well, but the mechanism of government
R.v the delegate plan affords too great opportunity for the alli° f commercialism and political ambition. ‘ An ordinary
‘ tate convention, under the machine-rule plan, is composed of
Relegates delegated from county conventions; the county con
ditions consist of delegates delegated from the ward prim ary;
. ® w* rd primary consists of a ward boss, a bouncer or two,
\ ul a crowd of strikers who do not represent the actual memt’“rship o f the party voters of that ward, so that when a Sena. >r is nominated by a state convention he is often three degrees
d<ww»°Ve<* *rom tbe people, and is the choice of a machine and
IT n?-^ real]y le d fully his duty to the inarticulate mass,
of
be better for tliis country when Senators and Members
-ongress and state legislators and municipal legislators are
7125
chosen by the direct vote of the people and when the people
ha^e the right of recall by the nomination of a successor to
their public servants. The people w ill never abuse their power.
J he gi cat political need in the United S ta tes is the estab
lishm ent of the direct rule of the people, the overthrow of
machine politics, the overthrow of corrupt or unw ise use of
money, intim idation, coercion, b rib ery,* the overthrow of the
various crafty corporate and political devices which have here
tofore succeeded in nullifying the w ill of the people.
The great issue is to restore the direct rule of the people
as members of parties and w ithin both parties, and to abate
the malign influence o f machine methods.
The great issue is to enable the members of the Republican
party to control it, to provide a mechanism by w hich the mem
bers of the Republican p a rty , for example, .can really nom inate
th eir own candidates fo r public office and fo r p a rty office, and
then require their elected represen tatives to represent the people
who elect them and make effective the w ill o f the party mem
bers who have nominated and elected them.
The great issue is to enable the members of the Democratic
party to directly nom inate th eir own candidates, both in the
p a rty itse lf and fo r public office, and then require such public
servants so nominated and elected to represent the people who
nominated and elected them under penalty of the recall or
under the safeguards of the initiative and referendum.
A ll the people now have is the power to defeat on election
day a bad candidate, and thus they exercise some influence
over nominations. The people do not in reality rule.
The people appear to rule through the present machinery of
party government, but they do not rule in fact, because the
party machinery is so largely in the hands o f machine men, is
so largely controlled in the interest of the few and against the
interest of the many; because the present mechanism of party
management is so contrived as to largely exclude autom atically
the cooperation of the great body of the members of the party,
and is so contrived as to cause the party power to fall by
gravity into the hands of professional managers.
The remedy for these evils is to restore the government of
the people and to m odify the present mechanism of party gov
ernment, so the party members may conveniently control’ their
own party.
In order to accomplish this there must be—
First. An honest and effective registration law.
Second. An honest and effective ballot law.
Third. A direct prim ary law, properly safeguarded, by which
candidates for public office and for party office may be directly
and safely nominated.
Fourth. Constitutional and sta tu to ry lanes providing the ini
tia tiv e and referendum , by which the people may directly legis
late, if the legislature fail, and may directly exercise the veto
power over an act of their representatives in the legislature if
a law is passed they do not want.
Fifth. A thoroughgoing cornipt-practices act, forbidding elec
tion rascalities, prohibiting the use of money, and providing full
publicity.
Sixth. An act providing fo r the pu b licity pam phlet, giving
the arguments for and against every measure, the argument
for and against every candidate, and putting th is pamphlet in
the hands of every citizen before each election for h is inform a
tion and guidance.
Seventh. The righ t of recall.
In order to get relief from the evils, a few of which I have
tried to point out, these important statutes must be written on
the statute books o f every State, and the machine must not be
allowed to fill them full of “ jokers.” The machine m ust not be
allow ed to change a w ord of these laics th a t does not stan d the
approval of the frien ds of the rule of th e people.
In order to have these law s passed by the state legislatures
every candidate fo r mem bership in the legislatu re should be
questioned and h is written answer demanded by authorized
pommittees of the people—comm ittees partisan and nonpar
tisan. committees Republican and Democratic, c o m m itte e s of
all parties, committees of the American Federation of I abor
of the Farmers’ Union, of the Grange, and o f other organizations
o f free men, operating together whenever convenient.
The candidates for the legislature who refuse to agree to
support cordially th e legislative programme of the people's
rule deserve to be defeated as they were defeated in Oklahoma
in the campaign for the constitutional convention in 1!X){».
Question the candidates on the people’s rule.
No candidate can expect, or ought to expect, the vote of the
people when he defies the right of the people to rule.
The Democratic party inscribed on its banners in the last
national platform the doctrine of the people’s rule, and I do
7126
C O N G R E SSIO N A L REC O R D — SE N A T E .
h o p e a l l D e m o c r a ts w ill do w h a t t h e y c a n to m a k e e ffe c tiv e
t h e p la tfo r m d e c la r a tio n b y c o n c r e te la w s.
The enemies of the people’s rule obscurely discourse about
destroying representative government. Nobody should be de
ceived for a moment by this illogical, unreasonable, unfounded,
and utterly absurd pretension. It is the argument of the ma
chine and should brand the proponent as an enemy of popular
g°M ynrepresentafive represents me best when he receives my
Instruction and when I retain the right to instruct him and to
recall him and to act independently of him if necessary.
I firmly believe in representative government.
T h o s e w h o sta n d fo r t h e p e o p le ’s r u le p ro g r a m m e b e lie v e in
r e p r e s e n ta tiv e g o v e r n m e n t.
It is representative government they want.
It is representative government they demand.
It is representative government they in sist on.
The end of misrepresentative, corrupt machine government is
the corollary of this demand and its necessary complement.
I trust to see the tim e come, Mr. President, when the citizen
can vote w ith fu ll knowledge and by secret postal ballot, to be
counted at state headquarters and registered w ith the same
certainty, secrecy, and security that his check would be regis
tered in a bank office, w ithout cost, w ithout inconvenience, and
at h is leisure.
Only by the overthrow o f corruption in politics and by the
elim ination of the sinister influences of commercialism w ill the
people of the country ever be able to consider dispassionately
the great matters o f public policy which are so essential to their
future development and w elfare. When we shall have purged
our Government of dishonest methods and have provided a
means by which the people can intelligently and honestly r u le ;
M ay 3l
people. And, Mr. President, I ask that it be printed
a«
Senate document. (S. Doc. No. 603.)
The PRESID IN G OFFICER (Mr. K ean in the chair).
Chair hears no objection to the request of the Senator
Oklahoma.
.
/** Mr OWEN. At present these people do not r u le ; they
think'they rule. They are, in fact, ruled by an alliance bet*”"*
special commercial interests, at the head of which is the
political trade combination known as the Protective
*
League and a great political machine Avhose name I neeq *
mention in this presence.
^
Mr President, the Senator from Oregon has heretofore
ip in the clearest possible manner, in his most notable and T. **
ible speech of May the 5th, the system of the people’s rub.
Jregon. I w ish to give it my cordial approval and to say T ,0*
he adoption o f this method the people of the United S t a t e s * *
eiieve them selves in very great measure, if not entirely of
linister influences to which bad government in this country ,
lirectly due.
**
J
PROGRESS
of system .
Mr President, as one of the steps to the restoration of **
neople’s rule I call to the attention of the Senate Senate 1, t
resolution No. 41, providing for the subm ission to the State* nt
the Union of a constitutional amendment providing for the Z
tion of Senators by direct vote of the people, and move that tt'
Committee on P rivileges and E lections be instructed to ret* !!
the same at the first day o f the next session of this C o n g ^
Avhich w ill give the comm ittee abundant tim e; and on
motion I call for the yeas and nays
Mr BEVERIDGE. I count it a happy circum stance that i
his engaging remarks the Senator from Oklahoma [Mr. O w li?
did not reduce this great question of statesm anship to a doJ£J
o f partisanship. It is larger than any p aity. It is as broad
w h e n w e sh a ll h a v e p r o v id e d a m e c h a n is m b y w h ic h th e p eo p le
^
,
c a n a u t h o r i t a t i v e l y e x p r e s s t h e m s e l v e s , t h e y t c i l l v o t e f o r u n i the Republic.
I regretted that into the flow of the Senator s remarks ^
versa l peace.
T h e p eo p le of th e U n ited S ta te s to-day, if th e y
c o u l d v o t e o n t h e q u e s t i o n o f i n t e r n a t i o n a l p e a c e , o n t h e q u e s little partisanship w as injected by various Senators as thorn*
this question Avere a Democratic issue or a Republican iSst,
tio n o f lim itin g th e a r m a m e n t o f n a tio n s , w o u ld h e a r tily be in
The State of Indiana passed this resolution in 1907. i t ‘". •
f a v o r o f it.
T h e p eo p le of G e rm a n y w o u ld v o te th e sa m e w a y .
passed by a Republican legislature. I think that of the vari( ‘,H
T h e p e o p le o f G re a t B r ita in w o u ld v o te th e s a m e w a y .
The danger of war arises not from the people, but from States that have passed resolutions, perhaps quite as
ambitious leaders, anxious for activity, anxious for service, that are known a s Republican States have beeii in-favor of u y
anxious for promotion. The dogs of A var in every nation are those that are known as Democratic States; so that no pat!*
anxious to fight, and commercial interests engaged in furnish can make this its peculiar issue.
Mr. President, I think that one of the first to suggest t) i
ing the muniments of war, in furnishing m aterial for building
battle ships, fill the press w ith rumors of war when the naval plan since the adoption of the Constitution w as one of the g ^ f f
appropriation is before Congress and these things tend to irri est of Indiana’s statesm en, the man whom Lincoln Avas f(,n)1 *,
calling the deputy President of the United States for the MixSj
tate nations Avith each other.
The international m ischief makers, who prate too much about sippi Valley— Governor Oliver P. Morton. W e are wedd.q
to
the excessive delicacies of questions of national honor th at can th is doctrine in Indiana.
only be settled by the arbitrament of war, should be sternly
suppressed and would be rendered powerless for harm under 11vjL ttlicuupt IV
------M------- ~
*
wv/UUl llf,»
h a v e b een f o r tu n a t e fro m t h e D e m o c r a tic p o in t o f A-iew had h
the rule of the people.
I f th e p eo p le co u ld e x p re s s th e m se lv e s, th e y w o u ld im m e d i
a te ly v o te fo r good roads, im p ro v e d w a te r w a y s , w h o le sa le ed u
ca tio n , e ig h t h o u rs o f labor, im p r o v e d p ro te c tio n o f th e p u b lic
h e a lth , lo w e r p rices, r e a s o n a b le c o n tro l o f p u b lic -u tility c o r
p o ra tio n s, rea so n a b le fr e ig h t ra tes, rea so n a b le r a te s b y e x
p ress, telep h o n e, a n d teleg ra p h , th e r ig h t o f d irec t leg isla tio n ,
a n d to c o n tr o l t h e ir p u b lic s e r v a n ts .
Mr. President, the citizens of the great Republic w ait in vain
for substantial relief, w hile machine politicians in State and
m unicipalities growl a t each o th er; but the Democrats and R e
publicans at home and men o f all opinions are robbed w ith
perfect im partiality by the organized monopolies and trade
conspiracies of this country. I am unw illing to see the people
w ait any longer.
Mr. President, the people’s rule is the only way to end political
corruption, and I am rejoiced to see the great American press
giving the question of the new system of government vigorous
attention. W ith the active help of the newspaper men of the
United States this system w ill be in control of the United
States in two and a h alf years.
The newspaper men who appreciate the gradual closing of
the doors of opportunity for young men by the gigantic growth
of monopoly will stand for the rule of the people, as the doc
trine of organized righteousness and as t h e s o u n d e s t s a f e g u a r d
o f p r o p e r t y r i g h t s as well as of human rights.
Unrestrained organized greed can not oppress human beings
too far w ithout explosive consequences of far-reaching danger
to property rights.
The compilation o f laws, with explanatory notes, which I have
submitted as a Senate document, looks to the restoration o f the
rule of the people of the United States; and when I say people,
I mean the rule of the Republican people, the Democratic peo
ple, the independent people, the Socialist people, and the Populist
tr ie d to d o s o ; fo r, i f m y r e c o lle c tio n i s n o t a t f a u lt , w h en »h
S e n a to r b r o u g h t u p h is r e s o lu tio n b e fo r e a n d se cu red a y T
u p o n it, th e r e Avere o n ly n in e D e m o c r a tic S e n a to r s Avho von
fo r it — le s s th a n a th ir d o f t h e D e m o c r a tic m e m b e r sh ip o f t ,
b od y. O n t h e c o n tr a r y t h e m a jo r it y o f S e n a to r s Avho did v ,
fo r i t w e r e R e p u b lic a n S e n a to r s ; i f I a m Avrong in m y recolir*!
tio n , I h o p e so m e S e n a to r w i l l c o r r e c t m e.
I c o u n t it a n h o n o r to b e o n e o f t h o s e w h o v o te d fo r it.
We are accustomed to think that the election of Senators \
the method finally prescribed in the Constitution w-as the rZl
most favored by those great statesmen, who Avrote our f llm,
m ental law. B u t that is not the historic fact. The pian JJJ*
favored by the ablest men o f the period Avhen the Constituti,
w as w ritten w as not even the election o f Senators by the State
but by senatorial districts.
A s e v e r y s t u d e n t k n o w s, i t w a s t h e c o n s t it u t io n o f th e Sennt
u p on w h ic h t h e c o n s t it u t io n a l c o n v e n tio n n e a r ly w e n t u p on th
ro ck s. T h e r e w a s t h e m o s t d e te r m in e d c o n te n tio n a s to
t h e S e n a te sh o u ld b e c o n s t it u t e d . I b e lie v e h is t o r y sh o w s n
to b e t h e f a c t t h a t t h e g r e a t m a jo r it y o f t h o s e w h o se n a n J I
a r e noAv h o u s e h o ld w o r d s fo r c o n s t r u c t iv e s ta te sm a n sh ip
t h a t f o r m a t iv e t im e w e r e in f a v o r o f t h e e le c tio n o f Senator*
b y s e n a t o r ia l d is t r ic t s in s t e a d o f b y S ta t e s , a n d b y th e
o f t h o s e s e n a t o r ia l d is t r ic t s in s t e a d o f b y t h e le g is la t u r e s o f th
S ta t e s . T h a t g r e a t p la n o f p la in j u s t ic e w a s d e fe a te d by th*
s m a lle r S ta t e s . F o r e x a m p le , B e ld e n , o f NeAv J e r s e y —-I think
t h a t w a s h is n a m e — in t h e c o u r s e o f t h e d e b a te , rem a rk ed that
i f t h a t p la n p r e v a ile d , NeAv J e r s e y w o u ld w it h d r a w a n d form
a n a llia n c e w it h a f o r e ig n p o w e r .
I shall not t a k e th e t im e t h is morning to call attention to all
historic d etails of the original plan and of the plan final|v
determined upon; but the plan that w as adopted ultimately
w as forced by the insistence of the sm aller States, which
1910,
CO N G RESSIO N A L REC O R D — SE N A T E .
wanted an opportunity to be w hat they called upon an equal
tooting in th is body.
But, Mr. President, even when it w as finally declared as the
result of this w eave and play of contending opinions and con
flicting forces that Senators should be elected by the legisla
tures of the States, nothing w as in the contemplation of the
Constitution makers that now actually is practiced.
Everybody knows that the theory w as that the legislature
ot the State should look all over the State, bound by no conuderation of party, restrained by no obligation of any kind exopt the duty of selecting the w isest, the bravest, and the
ti U'! nian 1-or Senator. It w as not at th at tim e contemplated
.
a legislature belonged to one party by an election or to
<‘'other party it w as bound to select a Senator who belonged
to that party.
hhe party convention system which has so radically changed
11 its practical operations much of our Constitution did not
arise until Andrew Jackson’s time.
So, Mr. President, w e find that w e have actually departed
roin the intention of the Constitution even as this matter was
‘“ally settled; because, even upon that theory, the legislature
JYas supposed to select, regardless of party or other considera
tion, the ablest man to represent the State.
ft has been suggested that the selection of a party’s candi
date for Senator or governor or whatnot by prim aries'is a near
approach to the election of Senators by a direct vote of the
people; but all students who have observed the working of
Primaries see that that is not the case. On the contrary, the
oc^1,on
a party’s candidate for Senator by primaries is far
loin being the equivalent o f the election o f that officer by the
direct vote of the people..
J ®hali ncd a ^ this moment intrude upon the Senate to point
dift’, . dGtails of d issim ila rity ; but one is sufficient to show the
m- i / l< 1-iee‘
Gle “^ ““tion of Senators or other officers by
uni
‘f 8 wlnch sw eeP throughout an entire State the people
gW p 0t c?mG out t0 vote ia sucl1 fldflibors as they do a t an
ecuon, where the whole issue is to be determined, unless they
issn Z ? I>kGCi
a Powerful personality or by very attractive
evil.,
if that proves to be the case, then their energy is
<dectioSted m the primary election> and little is left for the real
ono? th<l selection of Senators by party primary is not an ade
quate substitute for the election o f Senators by a direct vote of
e peopte. It ig better than nothing, perhaps, but the election
« enat° rs by the direct vote of the people is the only right,
' a“ d complete solution of this great question.
t< w f‘ President> I have alw ays been from the tim e that I began
obw*'e any study to Public questions heartily in favor of the
or p m ? ° f Senators by the direct vote of the people. It had its
‘ ‘Mn in the w isest minds that form ulated the Constitution, who
ie overruled only by a compromise forced upon them
®r- GALLINGER. Mr. President-----y i e l d ^ ™ 1^ OFFICER. Does the Senator from Indiana
J A1
the Senator from New Hampshire?
BEVERIDGE. C ertainly; but I am about through.
I
BALLINGER. The Senator from Indiana suggests, and
presume correctly, that when the Constitution w as adopted
solo ?Feat men who were in that convention had in view the
eonsideratio Senat0ES' w ithout reference to political or party
«Ponr' BEV ERIDG E- Y e si “ Oder the plan as finally agreed
vot^'h G^ LLINGER- Now, if the Senator’s plan of a direct
Won) , 1 ,
people should be accepted.as sound and desirable,
i Senator be in favor of returning to the idea that the
^ m e r s had in view?
rp,*Ir- BEVERIDGE. Why, that would secure that very end.
Dirt o th e r s thought of selecting the best man irrespective of
j . ry, under the plan finally adopted. The original view which
“avo stated twice, the view of the great constructive statesl "'“ ° f the Constitutional Convention, was that Senators should
, ‘‘ “elected in two ways, first, by senatorial districts instead of
,y he legislatures, and second, by the people directly. But the
'“a Her States forced the adoption of the plan as w e now fiud
j ,J U, tl4e .Constitution. Under that plan the idea w as that the
^'Kisiatuve would look over the whole State and elect the best
1,1,1 s onator. The unforeseen development of the political party,
‘ We know it to-day, has changed that design o f the Con
st'tution builders.
n
Jl1'. President, the question of the Senator is unthiukabh
tin. ! ° lu party system that has grown up in the Republic, ant
j Coavention system that has developed since Andrew Jack
s time.
7127
Mr. GALLIA GER. It is unthinkable from my view point I
w as ju st wondering whether the Senator’s mind w as running
a ong the same channel as the minds o f the great men to whont
he alluded, that the States should select their best men irre
spective of any consideration except purity of character and
ability.
Mr. B L \ ERIDGE. The Senator did not do me the honor tolisten to my remarks. W hat I said w as the plan taken by those
w ho, at that date had had most credit for constructive states
manship was the selection of Senators by senatorial districts
instead of by States, and by the people instead of by the legisla
ture. I hat plan, I said, was defeated by the sm aller States and
the present plan adopted, and then after the present plan had
been adopted, the theory or the policy, a s it w as adopted w as
that the legislatures should select the best man they could find
regardless of parties, which, as the Senator knows, did not
exist in the sense in which they now exist.
Mr. GALLINGER. I did not misunderstand the Senator and
my question w as directed to that point.
Mr. BEVERIDGE. The men who favored the first system
were very great men.
Mr. GALLINGER. My question w as directed to the point
whether the Senator would be in favor of returning to that idea.
It has crept into American politics, as the Senator knows, in at
least one State, where they ignore party politics in the selection
of Senators.
I w ill ask the Senator one further question. The Senator
from Oklahoma— I heard only a portion o f h is speech, which
w a s interesting— suggested the propriety o f electing judges by
the people, a plan which prevails in certain States.
Mr. BEVERIDGE. I am not speaking upon that question.
I did not even hear what the Senator from Oklahoma said on
th at subject.
Mr. GALLINGER. There is one other question. If the Sena
tor would favor that idea, where are we going to stop?
Mr. BEVERIDGE. Pardon me, the Senator from Oklahoma
hung about the central proposition, the election o f Senators by
a direct vote of the people, great clusters o f minor questions, and
I do not propose to answer as to each one of those questions.
They were many. They were more or less important. To dis
cuss all of them would take an entire session.
Mr. GALLINGER. I w ill not press the question on the Sena
tor from Indiana. I have wondered whether when we get to the
point of electing our judges in the States by popular vote-----Mr. BEVERIDG E. I said not a word about the election of
judges.
Mr. GALLINGER. And the election of Senators by popular
vote, we would also elect the Supreme Court judges by popular
vote. Why not?
Mr. BEVERIDGE. The theory of the Constitution w as that
the President should be elected by the college of electors, that
they should sweep the whole Republic and choose the best and
bravest men for that office. The development of the party
system has nullified that phase o f the Constitution, so that
although in theory the college of electors has the right to
choose whom it pleases, nevertheless they are morally and al
most physically bound to vote for the man who heads the
ticket. It might be an interesting subject, when w e are not so
much pressed for time, to go into the various modifications of
the Constitution and the curious development of the party
system.
Mr. HEYBURN. Mr. President-----The PRESID IN G OFFICER. D oes the Senator from In
diana yield to the Senator from Idaho?
Mr. BEVERIDGE. Certainly, I yield.
Mr. HEYBURN. I w as going to ask the Senator if he thought
a country of this size could possibly make a constitution in any
length of tim e whatever?
Mr. BEVERIDGE. That is a question which I do not under
stand to be applicable; but why not?
Mr. HEYBURN. The question of a constitutional convention
w as presented by the Senator from Oklahoma.
Mr. BEVERIDGE. I am not so weak in my faith in the in
telligence and patriotism o f the people of the Nation as to think
they can not draft a constitution. Of course they can.
I conclude, Mr. President, merely by saying that this is not a
party question. The fact that the Republican legislature of
Indiana passed a resolution does not entitle us to sav that it is
a Republican issue any more than the fact that the Democratic
legislature of another State passed a resolution entitles us to
say that it is a Democratic issue. It is an issue of patriotism
and not o f politics, and it had its roots in the beginnings of our
history.
•
' • ■
C O N G R E S S IO N A L R E C O R D — S E N A T E .
M
ay
3i
7 1 2 8
having met, after fu ll and free conference have agreed to recom
Mr DIXO N Mr. President------*
mend and do recommend to their respective H ouses as follow ^
The PRESIDING OFFICER. D oes the Senator from Indiana
T hat the Senate recede from its amendments numbered—
yield to the Senator from Montana?
6 page 5, lines 22 to 25, inclusive.
Mr. BEVERIDGE. Certainly.
T _,
8 page 7, lines 1 to 4, inclusive.
Mr DIXON I am glad to hear the Senator from Indiana
That the H ouse recede from its disagreem ent to the amend
make the statement that it is not a m atter of partisan politics. ments o f the Senate numbered—
I was sorry the Senator from Oklahoma put th at kind o f a fla\or
1 page 2, lines 1, 2, and 3, and agrees to the sam e with an
on it for I remember when the vote w as taken two years ago on amendment as follow s: “ The name of W alter S. H all, aliIlH
the Senator’s amendment I voted w ith him, and th at of the 20 W alter McLaughlin, late of Company D, T w elfth Regiment
votes cast for the amendment 31 of them were Republican \o te s United States Volunteer Infantry, w ar w ith Spain, and pay ^
and only 9 Democratic votes were cast for it. Nineteen Demo a pension at the rate o f tw elve dollars per month.”
cratic Senators are recorded as not voting and only 9 out of the
2, page 4, lines 7 to 9, inclusive.
entire Democratic membership voted w ith the Senator fro™
3 ) page 4, line 20.
Oklahoma on the resolution, w hile 11 Republican Senators voted
4, page 4, line 23.
5 , page 4, line 26.
f °M i\ BEVERIDGE. I said that it would have been unfortu
7 page 6 , lines 1 0 , 1 1 , and 1 2 .
nate for the Senator’s argument if be had tried to make it a
9, page 7, lines 13, 14, and 15.
partisan issue, because on the roll call it would be a difficult
And agree to the same.
R eed S moot,
matter for him to explain it upon that basis.
Charles Curtis ,
Mr. OWEN. Mr. President, I only w ant to occupy the floor
R obt. L. T aylor,
for a moment to answer the suggestion th at the Senator from
M a n a g e rs on th e p a r t o f th e S en a te
Oklahoma had made this a partisan proposition. On the con
H. C. L oudenslager,
trary, in the beginning of my remarks I submitted the vote
W m . H. D raper,
that had taken place in the Senate as it occurred, w ithout
W illiam R ichardson,
commenting on it one w ay or the other, and I pointed out that
M a n a g e rs on th e p a r t o f th e H ouse.
every Republican State w est of the Hudson River stood for—
and had expressed it, directly or indirectly, by resolutions of
The report w as agreed to.
legislatures or by the actual practice o f their people the pr mary nominating o f Senators. For th at reason I do not think
Mr. SMOOT submitted the follow ing report:
th at I could be put in the attitude of making it a partisan ques
The comm ittee of conference on the disagreeing votes of the
tion, but exactly the contrary. I do not regard it as a partisan
two H ouses on the amendments of the Senate to the bill ( jj jj
qUMr'°BEVERIDGE. I sincerely trust the Senator from Okla °0490) granting pensions and increase of pensions to certain
homa’, or some other Senator, w ill bring up this really great soldiers and sailors of the R egular Army and N avy and certain
auestion at some time when a ll of us do not feel under obliga soldiers and sailors of w ars other than the civil w ar and to wiq.
tions to exclude everything from discussion except the measure ows and dependent relatives of such soldiers and sailors, having
which the Senate is legislating upon, because this m atter de met, after fu ll and free conference have agreed to recomnien.i
serves wider discussion. It should not be forgotten that Presi and do recommend to their respective H ouses as fo llo w s:
T hat the Senate recede from its amendment numbered 4, pag(i
dent T aft has declared for the election of Senators by the direct
vote of the people. He said in his letter of acceptance, W ith 4 , lines 9 to 1 1 , inclusive.
. ..
T hat the H ouse recede from its disagreem ent to the amend,
respect to the election of Senators by the direct vote o f the
people, I am inclined to favor it; but it is hardly a party ques m ents of the Senate numbered—
1 , page 2, lines 5 to 8 , inclusive.
tion.” He w as right in both of these positions.
2, page 2, lines 23 and 24, and page 3, lines 1 and 2.
PENSIONS AND INCREASE OF PENSIONS.
3 ’ page 4, lines 1 to 4, inclusive.
Mr. SMOOT submitted the follow ing rep ort:
5 page 4, lines 12 to 17, inclusive.
•
6 , page 5, lines 20 to 23, inclusive.
The committee of conference on the disagreeing votes o f the
And agree to the same.
two Houses on the amendments o f the Senate to the bill (H . R.
R eed S moot,
217541 granting pensions and increase o f pensions to certain
Charles Curtis ,
soldiers and sailors of the Regular Army and Navy and certain
R obt. L. T aylor,
soldiers and sailors of w ars other than the civil war, and to
M a m g e r s o n th e p a r t o f th e S en a te
w idow s and dependent relatives of such soldiers and sailors,
H. C. L oudenslager,
having met, after full and free conference have agreed to recom
W m . H. D raper,
mend and do recommend to their respective Houses as fo llo w s:
W illiam R ichardson,
That the Senate recede from its amendments numbered
M a n a g e rs on th e p a r t o f th e H ouse.
5 page 6 , lines 20 to 23, inclusive.
7, page 8 , lines 14 to 17, inclusive.
The report w as agreed to.
That the H ouse recede from its disagreement to the amend
ments of the Senate numbered—
1 , page 1, lines 6 , 7, and- 8 .
2, page 5, lines 21 to 24, inclusive.
3 , page 6 , lines 10 , 1 1 , and 1 2 .
4 page 6 , line 18, striking out “ two.”
6 page 7, line 14, after “ B attalion,” insert “ M issouri.”
8 ’ page 8 , line 24, strike out “ twenty-four ” and insert “ thirty.
9 , page 11, lines 22 to 25, inclusive.
And agree to the same.
R eed S moot,
C harles Curtis ,
R obt. L. T aylor,
M a n a g e rs on th e p a r t of th e S en a te.
H. C. L oudenslager,
W m . H. D raper,
W illiam R ichardson,
M a n a g e rs on th e p a r t o f th e H o u se.
The report was agreed to.
Mr. SMOOT submitted the follow ing report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (II. R.
19403) granting pensions and increase of pensions to certain
soldiers and sailors of the Regular Army and Navy and certain
soldiers and sailors of w ars other than the civil war and to
widows and dependent relatives of such soldiers and sailors,
PRESIDENTIAL APPROVALS.
A m essage from the President of the U nited States, by M p
Latta one of his secretaries, announced th at the President W
approved and signed the follow ing acts and joint resolution;
O11 May 21, 1910:
.
S. 7916. An act authorizing the construction of a bridge across
the Columbia R iver near the mouth of the San P oil River, in the
counties of Ferry and Lincoln, W ash.; and
S. 7763. An act to authorize the Pensacola and Southwestern
Railroad Company, a corporation existing under the law s of the
State of Alabama, to construct a bridge over and across p<,r.
dido Bay from Cummings .Point, Escambia County, Fla., to Lib
lian, B aldw in County, Ala.
On May 23, 1910:
S. 7994. An act to repeal section 4035 of the Revised Statutes
providing for the issuance o f money-order notices, and for other
1>Ug l 7 9 9 5 ’ An act to amend section 3928 of the Revised Statutes
to provide for receipts for registered mail, and for other p„r,
poses.
On May 27, 1910:
S 034 1 , An act to authorize the sale and disposition of the
surplus and unallotted lands in Bennett County, in the pjne
Ridge Indian Reservation, in the State of South Dakota, and
making appropriation to carry the same into effect; and
1910.
CO N G RESSIO N A L RECO RD — SE N A T E
S. 3360. An act to amend an act entitled “An act to provide
a government for the Territory of H aw aii,” approved April 30,
1900.
On May 30, 1910:
S. 183. An act to authorize the sale and disposition of a por
tion of the surplus and unallotted lands in M ellette and Washabaujdi counties, in the Rosebud Indian Reservation, in the State
of South Dakota, and making appropriation and provision to
carry the same into effect.
On May 19, 1910:
S. J. Res. 97. Joint resolution authorizing the construction and
maintenance of wharves, piers, and other structures in Lake
Michigan, adjoining certain lands in Lake County, Ind.
Co u r t o f c o m m e r c e , e t c .
Mr. ELKINS. Regular order!
The Senate, as in Committee o f the Whole, resumed the con
sideration of the bill (S. 6737) to create a court of commerce
and to amend the act entitled “An act to regulate commerce,”
approved February 4,1887, as heretofore amended, and for other
purposes.
Mr. OWEN. Mr. President, I submitted a motion.
The PRESID IN G OFFICER. The Senator’s motion w as not
in order at that time.
Mr. OWEN. I understood that the regular order had been
yielded to me for the purpose of bringing up the matter.
The PRESID IN G OFFICER. The Chair did not so under
stand.
Mr. BROWN. The regular order is the unfinished business,
and the pending question is on my amendment to the bill.
The PRESID IN G OFFICER. The Chair so understands.
Tbe pending question is on the amendment offered by the Sen
ator from Nebraska [Mr. B rown].
Mr. BROWN. On that amendment I ask for the yeas and
hays.
Mr. BURTON. Mr. President, I desire to be heard on the
amendment.
Mr. BEVERIDGE. Let the amendment be read.
Mr. GALLINGER. Let it be read.
The PRESID IN G OFFICER. The amendment w ill be read.
Mr. OWEN. I should like to have it clearly understood
^nether or not the regular order w as set aside for the purpose
of permitting me to bring up the matter which has been before
fbe Senate.
The PRESID IN G OFFICER. The Chair understands that
fbe regular order w as not set aside, but that the Senator from
Dklahoma w as recognized.
Mr- GALLINGER. The Senator from Oklahoma, under our
8ystem of no rules in this body, had a right to make his speech
°n this bill or any other bill.
Mr. OWEN. I understand that, but I supposed that the
senator from W est Virginia intended that I should have this
other matter disposed of. However, I do not w ish to interfere
''ith the progress of the railroad bill, and shall therefore not
Insist.
Mr. ELKINS. Let the amendment be read.
The PRESID IN G OFFICER. The amendment w ill be read.
The S ecretary. It is proposed to add at the end of the bill a
hew section, as follow s:
snhiRC*—’ That no railroad corporation which is a common carrier
a m , ) *° the act to regulate commerce, approved February 4, 1887, as
ended, shall hereafter acquire, directly or indirectly, any interest of
nntsoever kind in the capital stock, or purchase or lease the railroad,
i any railroad corporation owning or operating a line of railroad which
competitive with that of such first-named corporation respecting
C8S to which said act to regulate commerce, as amended, applies;
ana any corporation which acquires any interest in capital stock, or
wnich purchases or leases a railroad contrary to this section, or which
uokis or retains any interest in capital stock or in a railroad hereafter
acquired in violation of this section, shall be fined $5,000 for each day
?r, Part of day during which it holds or retains such interest unlawr«Hy acquired.
Mr. BURTON. Mr. President, the m anifest object of this
amendment is to maintain competition between different rail
way unes and systems. Undoubtedly the adoption o f the
amendment would please a great many people, but I am so
thoroughly satisfied its adoption would work injury rather than
benefit that I am unwilling to see a vote taken without expressmg briefly my view s upon the subject.
Competition is futile as applied to railroads and quasi-public
corporations and contrary to sound economic and business prin
ciples. Competition, of course, is the very life of trade in many
departments of enterprise. Perhaps it has the most helpful
effect in banking and mercantile business, also it may aid the
Public if it exists in industrial enterprises; and yet the time
moy come when one particular organization, or allied organiza
tions, w ill gain such control o f certain branches of industry
7129
that regulation rather than the maintenance of competition w ill
confer the greatest good upon the greatest number.
W hat is competition? W hat is the result of it? Under its
influence one person obtains that which he desires, such as ar
ticles of commerce, facilities which are useful, a t a less price
than another. The tendency is to compel the producer to charge
lower prices, yet by statutes relating to railw ays w e prohibit,
and very justly, lower charges for one shipper than for another.
W hat w e are seeking to accomplish is that every citizen of the
United States shall have an equal right upon the iron rails and
that the humblest shipper shall not be discrim inated against
in favor of the largest.
Competition can not apply with benefit to railw ays or to any
class of quasi-public corporations. In the same list are included
gas companies, water companies, telephone and telegraph lines.
I am thoroughly aware that a great many persons think that
the establishment o f a new and competing telephone line con
fers a benefit upon a community. It does nothing of the kind.
It necessitates the duplication of plants, of office force, of those
employed in managing the telephone lines, and w hat in its ulti
mate effect is more important than anything else, the payment
of interest on double capital, thus entailing an additional bur
den upon the public, and as a general thing resulting in inferior
service.
W ith great pains and w ith general approval law s have been
passed forbiding rebates. No more salutary provision could be
incorporated into our law s relating to railways. B ut the mo
ment you pass a law prohibiting rebates, you incorporate into
the statutes of the country a provision against competition.
We often overlook the peculiar nature of railw ay property. A
railroad between two places is essentially a monopoly. Its
rails are located, its buildings are constructed; this investment
can not be abandoned. It must continue to do business, or those
who invest in it w ill fail to receive a return upon their prop
erty.
The normal course to pursue is to allow agreements between
competing lines and to subject these agreements and all rates
made under them to the strictest regulation. These two
things—agreement and regulation—should go hand in hand, and
they are distinctly antagonistic to competition.
I regret very much that section 7 has been dropped from the
bill, because I have the utmost confidence that in the ultim ate
solution of this question agreements between rival or compet
ing lines w ill be allowed, but a t the same time there w ill be the
greatest strictness in government regulation for the purpose of
securing fairness and equality to all.
I remember an illustration in my own State and locality of
the idea that competition benefits the public. Twenty-nine
years ago a line w as projected from Buffalo to Chicago, fam il
iarly known as the “ Nickel Plate,” or the New York, Chicago
and St. Louis. For much of the way you could flip a copper
from that road to the Lake Shore and Michigan Southern,
which ran parallel to it.
The promoters of the Nickel P late made the most roseate
promises of the benefits that would accrue to the public by
reason of competition. Those who desired to secure the right
of way made that argument to the farm ers along the line.
“ You are now in the grasp of a monopoly. Sell us the right of
way at a low price, encourage the building of a competing line,
and the greatest benefits will accrue to you.” That argument
w as often accepted by those who owned the property through
which the road passed; but it would be very interesting if that
right-of-way man should go out among those farm ers to-day and
use that sam e argument. Almost immediately the competing
line fell under the control of the older railway. W hatever good
it accomplished along most o f the route which it traversed
could have been secured far more cheaply and far better by
the addition of a third, and if necessary, a fourth track to the
existing line. Now, there is harmony between them, one line
taking for the most part one class of traffic, and the other line
another class, but w ith the double burden on the investing pub
lic created by the building o f an independent line.
It is true there has been sharp competition between different
lines, but the results have been temporary in their nature. Rate
wars have disarranged business, they have destroyed accurate
commercial calculations, and generally the low rates which re
sult inure to the benefit of but a few shippers, and those the
strong rather than the weak.
Mr. RROWN. Mr. President-----The PRESIDING OFFICER. Does the Senator from Ohio
yield to the Senator from Nebraska?
Mr. BURTON. Certainly.
Mr. BROWN. Does the Senator from Ohio take the position
that there should be no competition between common carriers?
7130
C O N G R ESSIO N A L R E C O R D — S E N A T E .
Mp B U R T O N I do not. T h ere is an In evitab le com petition
in fa c ilitie s ami in th e d egree o f convenien ce offered to th e
1>lM r'B R O W N
T h at is com petition in service. D oes th e Sen
ator 'take the 'position th a t th e com petition betw een common
carriers should rela te to th e service a lo n e and not to th e ch arges
and fares?
. ..
.
.
Mr. BU R TO N . I do m ain tain th a t th ere is no perm anent
low erin g o f r a tes secured by com petition.
Mr BRO W N. P er m it m e to su g g est th a t on th a t ground
alon e can opposition be based to th is am endm ent. I f w e are
to a ss is t the destru ction o f com petition am ong com m on carriers,
then th is am endm ent should be d e fe a te d ; but i f w e w an t to
m a in ta in w h a t little com petition w e now have, th e am endm ent
sh ould be su stained.
M r B U R T O N . I am obliged to th e Senator from N ebraska
for ask in g th e question. N o th in g can e n tire ly e lim in a te an
elem en t o f com petition. T he personnel o f d ifferen t lin es, th e
am bition o f each to obtain traffic, to afford fa c ilitie s to th e pub
lic w ill lea d to a m easure o f com petition, but w h en you argue
th a t by com peting lin es you u ltim a tely low er th e rates, you
are in d u lgin g in a fa lla c y and a delusion.
Mr. B E V E R ID G E . Mr. P resid en t-----T he P R E S ID IN G O F F IC E R . D oes th e Senator from Ohio
y ield to th e Senator from In d ian a?
Mr. BU R TO N . C ertain ly.
Mr. B E V E R ID G E . I w ish to a sk a qu estion for inform ation,
to m ake c le a r to m y ow n m ind a rem ark o f th e Senator s w h ich
engaged m y atten tion . T he Senator sa id th a t w h en th e second
lin e in th e exam ple he gave w a s com pleted th e people found
th a t th ey had to pay ra tes upon th e double burden th a t w a s
upon the in v e stin g public. T h a t is a n ew statem en t, and It
seem s to me to be a pow erfu l one, th a t w h ereas before the sec
ond lin e w a s b u ilt the ra tes charged w ere upon a certain am ount
o f in vestm ent, w hen th e second or im m ed iately com peting lin e
w a s b u ilt then n ecessa rily th e charges w ere upon th e in v e st
m ent to build both. T h a t is a n ew and im portant argum ent.
Mr B U R T O N . To an sw er th a t qu estion w ith accu racy it
sh ould be sa id th a t th e added exp en se is diffused over th e
w h ole r a ilw a y system , b u t to an excep tion al e x te n t th e specific
lo ca lity suffers, becau se th e older lin e s m u st bear a larger
sh are o f th e burden im posed by th e construction o f a new er
and a lleged com peting lin e.
Mr. B E V E R ID G E . Upon th e sam e lin es h a s th e Senator in
v e stig a ted w h a t th e fa c ts are w h en tw o telep h on e sy stem s m
a given c ity tak e th e place o f one, w h eth er on th e w h ole the
ra tes are reduced by reason o f the tw o telep h on e sy stem s e x
istin g or w h eth er th e practical resu lt is th e in crease o f rates?
Air BU R TO N . N ot w ith th e g r ea te st thorough ness. So far
a s I ' h a v e in vestigated , I w ill sa y th a t th e tendency w a s to
high rates. T here is a princip le behind a ll th is.
Mr BRO W N. Mr. P resid en t-----T h e P R E S ID IN G O F F IC E R . D o e s th e Senator from Ohio
y ie ld to th e Senator from N ebrask a?
Mr B U R T O N . I f th e Senator from N ebrask a w ill yield a
m om ent, I do not see how it can be oth erw ise. T here is in
volved th e princip le th a t a certain am ou n t o f cap ital in vested
m u st y ield a certain return. Som e people sa y th a t if capital
is destroyed n ev erth eless y o u obtain th e benefit o f th e com pe
titio n
B u t w h a t is th e resu lt o f su ch destru ction ? C apital
w ill n ot be in v ested in th a t branch o f enterp rise. T he pub
lic w ill have poorer fa c ilitie s. A s one o f our w riters h a s said,
« in v e ste d cap ital never d i e s ; it is n ever d estroyed .” I f there
is an am ount w h ich is app arently w asted in a n y particu lar
b u sin ess, its effect is fe lt in le s s in vestm en t in th a t bu siness.
T he standard o f developm ent is ham pered.
I sh a ll be glad n ow to y ield to th e Senator from N ew H am p
sh ire [Mr. Gallinger], th ou gh I believe th e Senator from N e
braska [Mr. B rown] first sou ght recognition.
Mr G ALLIN G ER. J u st a word, Mr. P resident, in an sw er to
th e a'uerv a s to w h eth er r a tes are increased or decreased by
com peting teleph one com panies. T he fa c t is th a t nin e tim es
out o f ten in th is country the independent teleph one com panies
h a v e rapidly been absorbed by th e e x istin g com panies. I think
th a t w ou ld tend to increase th e rates ju st a s a few y e a rs ago
in th is c ity w e perm itted a second electric-ligh t com pany to be
in sta lled , but a very little tim e elapsed before it w a s absorbed
by th e e x is tin g com pany, an d the gentlem an w ho in sta lled the
second com pany lia s been travelin g in foreign lurnls ever since
on th e profits he m ade out o f h is investm ent.
Mr. B U R T O N . I know o f som e in sta n ces in w h ich independ
ence is still m ain tain ed and in w h ich th ey h ave raised th eir
rates.
‘M r G A L L IN G E R . Y p s • th ere are som e su ch cases.
May 3 i
Mr. BR O W N . Mr. P resid en t-----T he P R E S ID IN G O F F IC E R . D o es th e S en ator from Oh (0
yield to th e Senator from N ebrask a?
Mr. B U R T O N . I y ield to th e Sen ator from N ebrask a.
Mr! BR O W N . Mr. P resid en t, th e Sen ator from N e w Bairm.
sh ir e [Mr. Gallinger ] p r e se n ts a com p lete a n sw er to th e aPt0l
m ent o f th e Sen ator from O hio [M r. B urton ] in h is illustration
o f telephones. H is a sser tio n is th a t w h ere a telep h on e syst,.,n
is put in a d d ition al to th e one e x istin g , fin ally th e one absorbs
th e other.
Mr. G A L L IN G E R . U su a lly .
Mr BR O W N . U s u a lly ; and, th erefore, com p etition i s q(>
stroyed. I concede th a t; bu t th is am endm ent goes to th«
proposition th a t sto p s th e absorption. I t preven ts th e comm0n
carrier com petin g w ith an oth er from b u yin g th e stock o f tlm
other, w h ich is absorption. I f th is am endm ent carries, tk ere
w ill not be an y m ore railroad absorption.
Mr B U R T O N . B u t d o e s th e Sen ator from N ebrask a be
lie v e 'f o r a m in u te th a t th e u n n ecessary c a p ita l invested m
w a sted lin e s w ill be allo w ed to go w ith o u t a n y return?
Mr B R O W N . No, ind eed. I th in k th a t every capita p 8t
and a ll ca p ita l th a t is in v e ste d ou gh t to h a v e returns. \j
proposition is th a t in te r sta te com m on carriers, organized f0p
the purpose o f tran sp ortin g goods b etw een th e S tates, are jn
th e b u sin ess o f carrying, or tran sp ortin g goods over their (,v?u
lin e and n ot over th e lin e s o f com petitors, i h e i r busim>ss
should be confined to th eir ow n lin e s ; th eir control o f th e QU1-P„
in g b u sin ess should be lim ited by th eir ow n lin e.
T h is am endm ent sim ply seek s to d e p r iv e th e com m on ea rn * ,
from controlling com peting lin es. I t does n o t go to th e fa c t of
a return on th e c a p ita l in vested a t all.
Mr. B U R T O N . T he am endm ent is bu t th e developm ent o f *
gen eral idea th a t com petition b etw een w h a t m ay be can ,,,
rival r a ilw a y lin e s is o f benefit. A g a in st th a t idea I enter m ,
m ost vigorou s opp osition, b ecau se it is n o t true. I t does uot
do a n y good in th e long run.
.
Mr D O L L IV E R . W ill th e S en ator perm it a n interrup tion .
T h e P R E S ID IN G O F F IC E R . D o e s th e S en a to r from Offio
y ield to th e Sen ator from Iow a?
Mr. B U R T O N . I do.
Mr. D O L L IV E R . Mr. P resid en t, it h a s a lw a y s appeared to
m e th a t th e r e is an oth er elem en t in th is problem . E ven if u
w ere conceded th a t com petition b etw een rival r a ilw a y lin es f0p
practical pu rp oses is im possib le, still th e m eth od o f throttling
Mr. B U R T O N . T he m ethod o f w h a t, m ay I a sk th e Setmtof
from Io w a ?
. „ „
, .
Mr. D O L L IV E R . T h e m eth od o f p u ttin g an end to co m p el.
tio n m a y in v o lv e p u b lic b u r d e n s so s e r io u s a s t o m a k e the
a b so r p tio n a g a in s t p u b lic p o lic y . I f I a m c o r r e c tly inform,-,]
t h e s e p u r c h a s e s o f t h e s to c k o f c o m p e tin g lin e s a r e effected b*
in c r e a s in g e ith e r t h e b o n d i s s u e o r t h e s to c k is s u e o f th e jair.
c h a s in g c a r r ie r ; a n d w h e n t h e y t a k e t h e p r o c e e d s o f th e s e new
c a p it a l is s u e s to b u y t h e sto c k o f c o m p e tin g lin e s t h e y leaye
t h e p u b lic in t h e p o s itio n o f p a y in g d iv id e n d s a n d in te r e s t on
t h e c a p it a l o f t h e l in e c o n tr o lle d a n d u p o n a v e r y g r e a t au,H
tio n t o t h e c a p it a l o f t h e lin e s e e k in g c o n tr o l. T h er eu p o n ja
m y ju d g m e n t, a v e r y g r e a t p u b lic in ju r y a r is e s , so g r e a t that
e v e n a t p r e s e n t w e a r e a b le t o se e t h e w o r k in g o u t o f it in t ]10
e x is t in g h ig h e r r a ilw a y c h a r g e s t o m a in t a in t h e in te g r ity of
t h e sto c k a n d b o n d is s u e s t h a t h a v e g r o w n u p in t h e la st" fe»
y e a r s in a d d itio n to a n y le g it im a t e in v e s t m e n t in railroad
m ile a g e or o t h e r f a c i l it i e s b u r d e n in g t h e c o m m u n ity in a way
fo r w
h ic
h it r e c e iv e s n o r e tu r n w
h a ts o e v----er.
WJU
1LU
—----------
Mr. B U R T O N . Mr. P resid en t, I sh a ll h a v e no quarrel with
th e Senator from Iow a— I probably sh ou ld n o t h a v e a n y quarrel
w
ith _____
hi in___
in ___
an_y even t— in h is con ten tion th a t th
thoe issu
t e c ..e a#:
____
stock s and bonds sh ould be lim ited . I regard th e om ission of
th ose section s o f the bill a s m ost u n fortu n ate. A lthou gh tls-re
m ay be som e qu estion a s to c o n stitu tio n a lity , i f a v a lid provision
hp adopted
ad anted bv
C om rn^
can be
by C ongress ggiv
iv in g to th e In te r sta te Commerce
C om m ission th e righ t to su p ervise th e issu a n c e o f securities, T
am satisfied it w ou ld be m ost h elp fu l to th e w h o le country. ’jn
fact, I go even fu r th e r. I tb iu k th e issu a n c e o f fictitious or
w atered se c u r ities lie s a t th e very root o f th e e v ils w h ich now
e x is t in r a ilw a y rates. When, a lin e is m erely projected there
m ay be doubt w h eth er the F ed eral G overnm ent, through any of
its agencies, h a s a righ t to control its stock and bond issu er.
but it seem s to m e th a t w h en a lin e or lin es are in operation
there w ou ld be no qu estion o f th a t righ t, b eca u se it is so imp
m utely in terw oven w ith th e w h ole qu estion o f ra tes, and com*,
qu en tly a qu estion o f in te r sta te com m erce. E veryon e knows
th a t a fter bonds and sto ck s h ave been sold and are held by iQ.
VinUiprs nnv court w ou ld h e sita te to low er r a te s hpm,,, .
1910.
CO N G RESSIO N A L RECORD— SE N A T E .
Court, absolutely prevents everything which it is contended by
the Senator from Nebraska he desires to reach by h is amend
ment, and applies not merely to railroad companies, but to all
kinds of corporations, w hile this amendment is lim ited to rail
roads, a lim itation which w e thoroughly analyzed and exposed
in the early discussion o f th is measure.
It is an unnecessary amendment if the purpose is only to
secure such action as is outlined by the Senator from Nebraska.
I f the purpose is the real purpose o f the original bill, to per
mit that to be done which can not now be done, and to that
extent to modify the antitrust law, it ought to be said that such
is its purpose. But whether it be for the one purpose or the
other, it is in violation of the virtually unanimous vote and the
apparently unanimous understanding by which and under which
section 12 w as excluded altogether from the bill. It is ex
cluded now from the bill and is excluded from the bill as sent
here by the House. If we do nothing, w e shall leave the antitrust
Jaw in full force, so far as this bill is concerned. I f w e modify
It and lim it its operation to railroads, as this amendment pro
vides, and do not touch the holding companies and other cor
porations, which may do the thing which is now proscribed, we
thus far repeal it, and in addition to this result we drive a peg
upon which may be hung in the form that may be formulated
in conference all to which we are opposed.
Mr. President, because it is unnecessary if the purpose be to
prevent consolidation and obstruction of competition, because it
will necessarily impinge upon and to some extent repeal the
antitrust law, and because it gives an opportunity now virtually
excluded from this legislation to do the things which were in
tended by the original bill, I think the amendment ought to
be rejected and that we should stand where we stood by the
unanimous vote of the Senate on the 3d day of May.
For these reasons I am opposed to the amendment as now
Proposed and in any form in which it might probably be pre
sented.
TIie VICE-PRESIDENT. The question is on agreeing to
the amendment offered by the Senator from Nebraska, on which
the yeas and nays have been ordered.
I'he Secretary w ill call the roll.
File Secretary proceeded to call the roll.
Mr. CLAY (when his name w as called ). I again announce
tny pair with the junior Senator from New York [Mr. R oot].
Mr. PAGE (when Mr. D illingham ’s name w as called ). I
^’l«h to announce the necessary absence of my colleague [Mr.
D illingham ], and the fact th at he is paired w ith the senior
Senator from South Carolina [Mr. T illman ].
Mr. FLINT (w hen his name w as called ). I am paired w ith
the senior Senator from T exas [Mr. Culberson], H e being
absent, I w ill withhold my vote. If he were present, I should
Vote “nay.”
Mr. FOSTER (when his name w as called ). I have a gen^ a l pair w ith the senior Senator from North D akota [Mr.
M cC u m b e r ] .
H e is unavoidably absent on account of sick
ness. i f i were a f liberty to vote, I would vote “ nay.”
Mr. CRAWFORD (w h en Mr. Gamble ’s nam e w a s c a lle d ).
•V colleague [Mr. Gamble] is unavoidably absent.
Mr. JOHNSTON (w hen his name w as called ), I am paired
'vd h the Senator from Michigan [Mr. S m it h ].
Mr. NEW LANDS (when his name w as called ). I am paired
*or the day w ith the senior Senator from New York [Mr.
D epew ],
Mr. OWEN (when his name w as called. I am paired with
llle Senator from Pennsylvania [Mr. P enrose], I f he were
Present, I would vote “ yea.”
Mr. PERCY (when his name w as called ). I am paired with
junior Senator from Kentucky [Mr. B radley].
Mr. RAYNER (w hen his name w as called ). I am paired
'vlth the junior Senator from Delaw are [Mr. R ichardson]. I
transfer that pair to the senior Senator from Virginia [Mr.
D aniel ] and vote “ yea.”
Mr. DU PONT (when Mr. R ichardson’s name w as called ).
My colleague [Mr. R ichardson] is necessarily absent, and is
Paired, as has just been stated by the Senator from Maryland.
I f Aiy colleague were present, he would vote “ nay.”
Mr. SCOTT (when h is name w as called ). I have a general
Pair with the senior Senator from Florida [Mr. T aliaferro],
out as I notice that this is not a party question I w ill take the
liberty of voting. I vote “ nay.”
Phe roll call was concluded.
Mr. FLINT. I am paired with the senior Senator from
le x a s [Mr. Culberson]. I transfer that pair to the senior
Senator from Maine [Mr. H ale] and vote “ nay.”
. Mr. BROWN. My colleague [Mr. B urkett] Is necessarily
hsent. I f be were present, he would vote “ yea.”
EjlZiXCU.
The S ecretary.
in sert:
7135
'-*■t------ ■"W Tinted in the affirmative),
It is proposed, at the proper place, to
.
~7u 'Pbat no railroad corporation which is a common carrier subJ^ct to tho Act to iGfjiiliitc commerce Approved FeforuArv 4 1 887 «a
amended, shall hereafter acquire directly or indirectly, any interest of
whatsoever kind in the capital stock, or purchase or lease the railroad
of any railroad corporation owning or operating a line of railroad which
is directly and substantially com petitive with th at of such first-named
corporation respecting business to which said act to regulate commerce
as amended, applies; and any corporation which acquires anv in
terest in capital stock, or which purchases or leases a railroad contrary
to this section, or which holds or retains any interest in capital stock
or in a railroad hereafter acquired in violation of this section shnii Up
fined ?5,000 for each day or part of day during which it holds or retains
such interest unlawfully acquired.
Tbe result w as announced—yeas 20, nays 41, as fo llo w s:
Borah
Bourne
Bristow
Brown
Chamberlain
Bacon
Bailey
Brandegee
Briggs
Bulkeley
Burnham
Burrows
Burton
Carter
Clark, Wyo.
Crane
Aldrich
Bankhead
Beveridge
Bradley
Burkett
Clarke, Ark.
Clay
Culberson
YEAS— 20.
Gore
Jones
La F ollette
Martin
Money
NAYS— 41.
Cullom
Hughes
Curtis
Kean
du Pont
Lodge
Elkins
Nelson
Fletcher
Nixon
F lint
Page
Frazier
Paynter
Frye
Perkins
Gallinger
Piles
Guggenheim
Scott
Heyburn
Smith, Md.
NOT VOTING— 31.
Daniel
Johnston
Lorimer
Davis
McCumber
Depew
McEnery
Dick
Newlands
Dillingham
Oliver
Foster
jQVr^n
Gamble
Penrose
Hale
Clapp
Crawford
Cummins
Dixon
Dolliver
Overman
Purcell
Rayner
Shively
Simmous
Smoot
Stephenson
Stone
Sutherland
Taylor
Warner
Warren
Wetmoro
Percy
Richardson
Root
Smith, Mich.
Smith, S. C.
Taliaferro
Tillman
So Mr. B rown’s amendment was rejected.
CLAIMS OF OMAHA INDIANS.
The V ICE-PRESIDENT laid before tbe Senate the action of
the H ouse of R epresentatives disagreeing to tbe report of tbe
committee of conference on tbe disagreeing votes of tbe two
Houses on the amendments o f the House to the bill (S. 4179)
authorizing the Omaha tribe o f Indians to submit claim s to the
Court of Claims, further insisting upon its amendments disa
greed to by the Senate, and requesting a further conference with
the Senate on the disagreeing votes of the two Houses thereon.
Mr. BROWN. I move that the Senate further insist upon its
amendments and agree to the further conference asked for by
the House, the conferees on the part of the Senate to be ap
pointed by the Chair.
The motion w as agreed to; and the Vice-President appointed
Mr. B rown, Mr. Sutherland , and Mr. P urcell the managers
at the further conference on the part of the Senate.
LAND PATENTS IN ALASKA.
Mr. IIEYBURN submitted the follow ing report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the H ouse to the bill (S. 621)
to amend sections 2325 and 2326 of the Revised Statutes of the
United States, having met, after fu ll and free conference, have
agreed to recommend and do recommend to their respective
Houses as fo llo w s: That the Senate recede from its disagree
m ent to the amendment of the House striking out all after the
enacting clause and inserting the follow ing:
“ That in the D istrict o f Alaska adverse claim s authorized
and provided for in sections twenty-three hundred and twentyfive and twenty-three hundred and twenty-six, United States
Revised Statutes, may be filed a t any tim e during the sixty
days’ period of publication or witbin six months thereafter, and
the advefse suits authorized and provided for in section twentythree hundred and twenty-six, United States Revised Statutes,
may be instituted at any time w ithin sixty days after the filing
qf said claim s in the local land office.”
Amend the title so as to r e a d :
“An act extending the tim e in which to file adverse claim s
and institute adverse suits against mineral entries in the D is
trict of Alaska,” and agree to the same as follow s:
“ That in the D istrict of Alaska adverse claim s authorized
and provided for in sections twenty-three hundred and twentyfive and twenty-three hundred and twenty-six, United States
Revised Statutes, may be filed at any time during the sixtydays’ period of publication or within eight months thereafter,
and the adverse suits authorized and provided for in section
C O N G R ESSIO N A L REC O R D — S E N A T E .
7136
Ma t 3i
M a n a g e rs on th e p a r t o f th e S en a te.
court of commerce, etc.
The Senate, as in Committee of the Whole, resumed the eon,
sideration of the bill (S. 6737) to create a court of commerce
and to amend the act entitled “An act to regulate commerce ’’
approved February 4, 1887, as heretofore amended, and f ^
other purposes.
Mr. CUMMINS. I offer an amendment to the bill. It is t0
be* inserted after the amendment which w as proposed by the
Senator from W ashington [Mr. J ones ] and adopted by the Seil_
ate That amendment is on page 19 at the end of line 6.
The VICE-PRESIDENT. The Secretary w ill read the amend.
F. W. Mondell,
A. J. V olstead,
Jos. T. ROBINSON,
The Secretary. On page 19, at the end of line 6, and after
the amendment already agreed to at that place, in se r t:
twenty-three hundred and twenty-six, United States Rei ised
Statutes, may be instituted at any tim e w ithin six ty d a j s after
the filing of said claim s in the local land office.”
Amend the title so as to r e a d :
^
.
net extending tlie tim e in wliicli to file <id\eise clciims
and* institute adverse suits against mineral entries in the D is
trict of Alaska.”
W . B . H eyburn ,
Geo. E. Chamberlain ,
C. D. Clark ,
M a n a g e rs on th e p a r t o f th e H o u se.
The report w as agreed to.
PENSIONS AND INCREASE OF PENSIONS.
Mr. SMOOT submitted the follow ing report:
The committee of conference on the disagreeing votes of the
two H ouses on the amendments o f the H ouse to the bill (S.
5573) granting pensions and increase of pensions to certain
soldiers and sailors of the Regular Army and N avy and wars
other than the civil war and to certain w idow s of such soldiers
and sailors, having met, after fu ll and free conference have
agreed to recommend and do recommend to their respective
H ouses as fo llo w s:
That the Senate recede from its disagreement to the amend
ment of the H ouse on page 2, striking out line 10 down to and
including line 21, and agree to the same.
R eed S moot,
Charles Curtis ,
R obt. L. T aylor,
M a n a g e rs on th e p a r t o f th e S en a te.
H. C. L oudenslager,
W m . H . D raper,
W illiam R ichardson,
M a n a g ers on th e p a r t of th e H ou se.
The report w as agreed to.
Mr. SMOOT submitted the follow ing report:
The committee o f conference on the disagreeing votes of the
two H ouses on the amendments of the House to the bill (S.
6272) granting pensions and increase of pensions to certain
soldiers and sailors of the Regular Army and N avy and w ars
other than the civil war and to certain w idow s and dependent
relatives of such soldiers and sailors, having met, after fu ll and
free conference have agred to recommend and do recommend
to their respective Houses as fo llo w s:
T hat the H ouse recede from its amendment on page 3, line 7.
T hat the Senate recede from its disagreement to the amend
ments of the House on page 2, lines 20 to 25, inclusive, and
agree to the same.
R eed S moot,
C harles Curtis ,
R obt . L . T aylo r ,
M a n a g ers on th e p a r t o f th e S en a te.
H. C. L oudenslager,
W m . H. D raper,
W illiam R ichardson,
M a n a g ers on th e p a r t of th e H ou se.
The report w as agreed to.
.
'
Mr. SMOOT submitted the follow ing report:
The committee of conference on the disagreeing votes of the
tw o Houses on the amendment of the House to the bill (S. oJL )
granting pensions to certain soldiers and sailors of w ars other
than the civil war and to certain widows and dependent rela
tives of such soldiers and sailors, having met, after full and
free conference have agreed to recommend and do recommend
to their respective Houses as follow s:
That the Senate recede from its disagreement to the amend
ment of the House, on page 2, line 22, down to and including
line 2 , on page 3 ; and agree to the same.
R eed S moot,
•
Charles Curtis ,
R obt. L. T aylor,
M a n a g e rs on th e p a r t o f th e S en a te.
H. C. L oudenslager,
W m . H. D raper,
W illiam R ichardson,
M a n a g ers on
The report w as agreed to.
th e p a r t
o f th e H o u se.
And at any hearing involving a rate increased after January l , i qj or of a rate sought to be increased a f t e r the passage of this act th«
burden of proof to show th at the increased rate or proposed in crea se
rate is just and reasonable shall be upon the common carrier.
Mr. CUMMINS. Mr. President, 1 shall detain the Senate but
for a moment w ith regard to th is amendment. The Senate
remembers, I think, w ith perfect distinctness the long and earnest discussion w ith regard to the propriety of requiring all jn.
creases in rates to be approved by the comm ission before they
take effect.
The proposition which w as contained in the amendment which
I had the honor to subm it has been emphasized, I think, very
much in the last few days by the concern which is felt every,
where throughout the country w ith regard to the action of the
railroads in increasing rates, many of which are to take effect
on June 1.
_
.
I do not desire to go over that ground again. The amend,
ment of the Senator from W ashington [Mr. J ones ] approach^
to a degree the end which we sought to accomplish, and now uij
th at remains to m ake the amendment which the Senate lias aj.
ready accepted of m aterial value to the people of the country
is to declare th at in these hearings the railw ay companies shall
have the burden of proof. A ll the information, or practical]*
all of it, is in their hands. I t is but equitable to compel them
to lay before the commission the conditions and circum stance
which they believe warrant an increase in the rates.
I earnestly hope th at the Senate w ill accept this amendment
I mav add to that a fervent prayer that the distinguished Serial
+^t. fm
m W
westtor
from
est Virginia, the chairman of the committee
committee, ,vjjj
win
see in the amendment so much m erit that he w ill join with ni
the
in asking the Senate to do this justice to the American shipj,in
public.
Senators, inasmuch as this is probably the last time before
the passage o f the bill th at I w ill address the Senate with
gard to these subjects, I crave your indulgence for a very brief
retrospect.
Mr. President, nearly three months ago, speaking in behalf of
a Republican minority o f the Committee on^ Interstate Com
merce, and in behalf o f other Senators who in a general way
shared their views, I opened the debate upon this bill with a
review of its various provisions as comprehensive and analyt
ical as I could make it. The discussion that has intervened L ]
tween that tim e and th is has been not only continuous, but
earnest and intense. The Senate is now about to vote upon the
bill and in view o f the fact th at I would not have voted for
as it w as reported by the committee, but give it my supp0rt
it now is, my purpose a t the present moment is to put upon
the record, in the plainest possible w ay and in the briefest
possible time, a statem ent o f the m aterial changes which have
been wrought in the measure, their effect upon the welfare 0f
the people, and upon my attitude toward it.
I said when the discussion began that there were some good
things in the bill as it came from the committee. I recited them
then, and I recapitulate them now.
Section 8 gave to shippers the best practicable protection
against a m isstatem ent of the legal rate applicable to a shin,
ment about to be made—a protection long deferred and imperatively needed. T his provision remains unchanged.
Section 9 enlarged the power of the Interstate Commerce
Commission respecting classifications.
Foi years the com
mission had keenly felt its inadequate ant lo n ty w ith regard to
classifications, and it is most fortunate that Congress is about
to supply th is instrum entality for the bettei legulation of railw ay rates. Section 9 also broadened the power of the com
mission by conferring undoubted authority to initiate proceed
ings for the correction of unreasonable rates. In my judgment
this w as the most valuable addition to railw ay regulation which
the bill as reported proposed. I t w ill hereafter be possible
for the commission, when it has any given rate under con
sideration upon complaint, to draw into the proceeding upon its
own motion any other rate which ought to be examined in order
that complete justice may be done. The added strength which
1910.
CO N G RESSIO N A L REC O R D — SE N A T E .
F e d e r a l G o v ern m en t c a n o fte n re a c h in i t s h a n d w it h g r e a te r
f a c ilit y a n d e ffe c tiv e n e s s th a n a S ta t e to c o r r e c t a n e v il o f w h ic h
t h e p eo p le o f th e S ta te , p o s s ib ly o f m a n y S ta te s , co m p la in . A
r a ilr o a d c o r p o r a tio n m a y b e o r g a n iz e d in th e S ta t e o f M isso u ri,
fo r e x a m p le , a s m a n y h a v e b een . I t m a y e x te n d i t s lin e s b e
y o n d t h a t S ta t e a n d b eco m e a n in te r s t a te c a r r ie r . W e h a v e
su ch c o r p o r a tio n s in M isso u r i, a s e v e r y S ta t e h a s th e m . T h e s e
co rp o ra tio n s, or m a n y o f th e m , a r e p r in c ip a lly o w n ed , m a n a g e d ,
a n d c o n tr o lle d b y m en w h o liv e o u t o f th e S ta t e a n d fa r d is t a n t
from it. I t i s d ifficu lt fo r t h e S t a t e to k e e p tr a c k o f a n d sc r u tin y
? ver th e o ffic ia ls w h o d o m in a te th e c o r p o r a tio n s it c r e a te s . I t
5s o fte n d ifficu lt fo r t h e s t a t e c o u r ts t o g e t j u r is d ic t io n o v er
in te r m e d ia te c o r p o r a tio n s o r g a n iz e d e ls e w h e r e a s a g e n c ie s
th r o u g h w h ic h sto c k a n d b on d m a n ip u la tio n s a r e e x e c u te d , it
nia y be, in v io la tio n o f th e la w o f th e S t a t e ; a n d i t i s o fte u
e x c e e d in g d ifficu lt fo r t h e s t a t e a u th o r it ie s to u n c o v e r f a c ts
th a t m a y b e n e c e s s a r y to a j u s t a n d p ro p er a d m in is tr a tio n o f
th e ir o w n la w s in t h is b e h a lf.
I>ut th e p o w e r o f th e F e d e r a l G o v ern m en t is fa r -r e a c h in g
° n d a ll p e r v a d in g . I t c a n a s s e r t i t s e l f in e v e r y n ook a n d co rn er
c f e v e r y S ta t e in t h e U n io n a n d o v e r e v e r y m a n a n d co r p o r a
tio n su b je c t to i t s j u r is d ic t io n , w h e r e v e r fo u n d . I se e n o rea so n
txhy th e o n e so v e r e ig n m a y n o t in v o k e t h e a id o f t h e o th e r in
P u n ish in g o ffe n s e s a g a in s t t h e la w s o f b o th a n d in u p h o ld in g
P ub lic p o lic ie s to w h ic h b o th a r e so le m n ly c o m m itte d .
Mr. P r e s id e n t, I s a id n e a r t h e b e g in n in g o f t h is a d d r e ss th a t
1 d id n o t a s s u m e to d efin e D e m o c r a c y , to o u tlin e p u b lic p o licy ,
0r to in te r p r e t p a r ty p la tf o r m s fo r a n y o th e r m an , b u t t h a t I
sh o u ld a s s e r t t h e r ig h t to d o a ll th o s e th in g s fo r m y s e lf. I
h a v e s t a t e d w it h t h e u tm o s t f r a n k n e s s m y w e ll-c o n sid e r e d v ie w
° f th e q u e s tio n s in v o lv e d in t h is d isc u s sio n . W h ile I h a v e
8Pokeu w it h ca n d o r a n d w it h o u t e v a s io n , e a r n e s tly an d , I m a y
a lm o s t a p p e a lin g ly , I h o p e n o th in g I h a v e s a id h a s in th e
S lig h test d e g r e e o ffen d ed . N o t h in g h a s b een f a r th e r fro m m y
th o u g h t th a n to w o u n d t h e m o st d e lic a t e s u s c e p t ib ilit ie s , an d
M I h a v e in a n y d e g r e e o ffen d ed I r e g r e t i t a n d te n d e r m y d ist ia in ier o f su c h p u rp o se. W h a t I h a v e so u g h t to d o h a s b een
:? d e c la r e in p la in la n g u a g e t h e v ie w s I h o ld u p on t h e s e q u esJjons, a n d I do t h is e a r n e s tly b e c a u se , w h a t e v e r o th e r s m a y
*hink, I f e e l t h a t in w h a t w e a r e e n g a g e d u p on i s in v o lv e d a
k fa v e q u e stio n o f p a r ty go o d f a ith . I a p p e a l to m y D e m o c r a tic
c o lle a g u e s o n p a r ty g r o u n d s, a n d i f I h a d a n y r ig h t to do so I
'\o u ld a p p e a l to R e p u b lic a n S e n a to r s o n p a r ty g r o u n d s, to p a ss
th is le g is la tio n . H a v in g d o n e th is , I c a n d o n o m ore. D e m o
cra ts, w e h a v e m a d e a g o o d reco rd so fa r . L e t u s m a k e no
h fista k e n o w .
A w o r d m o re, M r. P r e s id e n t, a n d I a m d o n e. I h a v e s a id t h a t
f W ould n o t v o te fo r t h i s b ill e v e n in it s a m e n d e d fo rm . On
“flectio n , h o w e v e r , I a m n o t s u r e b u t t h a t I sh o u ld r ece d e fro m
" “M p o sitio n . I t i s tr u e t h e b ill s t i l l c o n t a in s v e r y o b je c tio n *U)le p r o v isio n s , b u t i t i s a ls o tr u e t h a t t h e a m e n d m e n ts a g r e e d
to h a v e g r e a t ly im p r o v e d it. T h r o u g h t h e s e a m e n d m e n ts sev ct'al im p o r ta n t a n d d e s ir a b le p r o v is io n s h a v e b e e n in c o r p o r a te d
' hicli w e r e sp e c ific a lly d e c la r e d f o r in t h e D e m o c r a tic n a tio n a l
P la tfo rm . T h e f a c t i s t h a t e v e r y th in g o f v a lu e in t h e b ill w a s
ak en fr o m t h a t p la tfo r m , a n d t h is s h o w s t h a t t h a t p la tfo r m ,
o k o n a s a w h o le , h a s b e e n r e c e iv e d w it h f a v o r e v e n b y t h is
> en a te— n o t o n ly b y D e m o c r a ts, b u t b y a s u b s ta n t ia l m in o r ity
f R e p u b lic a n s. D e m o c r a tic S e n a to r s a n d a m in o r ity o f R ep u b i an S e n a to r s h a v e su c c e e d e d in w o r k in g a g o o d ly p a r t o f t h a t
P a tfo rm in to t h is m e a su r e . I f , n o w , th e s e sa m e S e n a to r s w ill
an iU ste p f a I'tlier a lo n g t h e w a y p o in te d o u t b y t h a t p la tfo r m
c o n fe r u p o n th e I n t e r s t a t e C om m erce C o m m issio n p o w e r
0 |na k e a p h y s ic a l v a lu a tio n o f in te r s t a te r a ilr o a d s a n d to exj'cise a su p e r v is io n o v e r sto c k a n d b on d is s u e s , so a s to p r e v e n t
a n u ses in t h a t b e h a lf, w e w ill h a v e e v e n g r e a te r r e a so n fo r c o n
g r a tu la tio n . B u t in a n y e v e n t I a m n o t s u r e b u t t h a t w e o u g h t
, v o te fo r t h e bi l l a s i t sta n d s, im p e r fe c t a s it is, b e c a u se o f
u ie good t h in g s it c o n ta in s . S till, I c a n n o t e s c a p e d o u b t a s to
" h ic li w o u ld b e th e w is e r co u rse, t o v o te fo r th e b ill a s a
" " o le , b e c a u se it c o n t a in s so m e go o d p r o v is io n s , o r to v o te
aK ainst i t b e c a u s e o f t h e b a d th in g s it c o n ta in s . O n e th in g is
8 <ire, i f t h e p e n d in g a m e n d m e n t o ffe r e d b y t h e S e n a to r from
" isc o n sin a n d t h e o n e I s h a ll o ffer a r e a g r e e d to, I w i l l une* jta tln g ly v o te fo r it.
Mr. P r e sid e n t, I g iv e n o tic e t h a t a f te r th e d is p o s itio n o f th e
a m en d m en t p ro p o sed b y th e S e n a to r fro m W isc o n s in [M r. L a
* o u .ettf. | . I s h a ll o ffer th e a m e n d m e n t I h a v e in d ic a te d .
Mr. H E Y B U ltN . M r. P r e s id e n t, th e q u e stio n in v o lv e d in th e
1 u en d m en t u n d er c o n s id e r a tio n o c c u p ie s r a th e r a p e c u lia r reto t h is le g is la t io n . U n d e r e x is t in g la w , w h e n t h e q u esr
i s r a is e d a s to th e r e a s o n a b le n e s s or p r o p r ie ty o f r a ilr o a d
tin* 8’ tlie c o m m is sio n h a s t h e p o w e r to a s c e r t a in t h e v a lu e o f
tii!" I,rob“r ty . T h e S u p r e m e C ou rt, in d e te r m in in g t h is q u es’ ^ y s t h a t it i s a n e c e s s a r y p a r t o f t h e d u ty o f th e c o m m is
7195
sio n to a s c e r t a in t h e r e a l v a lu e o f t h e p r o p erty , a n d i t i s so
o b v io u s t h a t it w o u ld se e m to n e e d n o e la b o r a tio n . I f t h e y a r e
g o in g to d e te r m in e w h e th e r a r a te i s c o n fisc a to r y or n o t, th e y
m u st, a s a b a sis, d e te r m in e t h e v a lu e o f t h e p r o p e r ty u p o n w h ic h
th e r a te i s b a sed . T h a t r ig h t e x i s t s n o w , so t h a t t h e r e is n o
o c c a sio n fo r a n y a m e n d m e n t t o c o n fe r u p on t h e I n t e r s ta t e
C o m m erce C o m m issio n t h e r ig h t to d e te r m in e t h e v a lu e o f th e
p ro p erty a s o fte n or w h e n e v e r t h e r a t e s m a y b e c a lle d in q u e s
tio n .
W h a t w e n eed i s a n a d e q u a te a p p r o p r ia tio n o f m o n e y to e n a
b le t h e c o m m issio n to p erfo rm t h a t d u ty ; b u t i t is n o p a r t o f
th e d u ty o f C o n g ress u n d er t h is b ill to p r o v id e f o r t h a t fu n d .
T h e r e i s a n a m e n d m e n t t h a t h a s b een o ffer ed an d , I th in k , r e
fe r r e d to t h e C o m m itte e on A p p r o p r ia tio n s, o r t h e p ro p er co m
m itte e , p r o v id in g fo r a n a p p r o p r ia tio n o f $ 1 0 0 ,0 0 0 to b e u se d
b y t h e c o m m is sio n fo r t h e p u rp o se o f a s c e r t a in in g v a lu e s in
a c tu a l c a s e s w h e r e t h e q u e stio n i s n e c e s s a r ily r a is e d . I t i s m y
in te n tio n , w h e n t h a t a m e n d m e n t i s b e fo r e t h e S e n a te , to a sk
t h a t th e su m b e in c r e a s e d to $250,000. I t i s a n a p p r o p r ia tio n
t h a t i s to b e u se d o n ly so f a r a s n e c e s s it y m a y req u ire. I t d o e s
n o t seem to m e t h a t i t w o u ld b e w is e to e n te r u p on t h e d e te r m i
n a tio n o f th e v a lu e o f p ro p erty t h a t m a y n e v e r b e in v o lv e d in
a n y q u e stio n u n d er c o n sid e r a tio n b y t h e I n t e r s t a t e C o m m erce
C o m m issio n .
I t is a d m itte d t h a t it w o u ld c o s t so m e m illio n s o f d o lla r s to
d e te r m in e t h e v a lu e o f a il o f t h e r a ilr o a d p ro p e r ty in th e
U n ite d S ta te s . A s a g a in s t t h a t w e h a v e a n a p p r o p r ia tio n o f,
sa y , $250,000, w h ic h i s e s tim a te d to b e a m p le fo r t h e p u r p o se
o f d e te r m in in g v a lu e in a ll o f t h e c a s e s w h e r e t h e q u e s tio n i s
r a is e d . W h y sh o u ld w e e n te r u p on a g e n e r a l d e te r m in a tio n o f
th e v a lu e o f r a ilr o a d p ro p erty in t h e a b se n c e o f th e n e c e s s it y
to k n o w t h e v a lu e o f t h e r a ilr o a d p ro p e r ty — t h a t is, a s to fix in g
th e r a te ?
In re g a r d to th e o th e r p ro p o sitio n , a s to c a p it a liz a t io n , I w ill
s a y th a t, u n d er th e d e c is io n o f th e S u p r e m e C ou rt, c a p it a liz a
tio n is j u s t a s n e c e s s a r y a q u e stio n to b e ta k e n in to c o n s id e r a
tio n in d e te r m in in g w h e th e r a r a te i s c o n fisc a to r y or r e a s o n a b le
o r u n r e a so n a b le a s a n y o th e r q u e stio n . I t is e n u m e r a te d a s o n e
o f t h e th in g s t h a t th e I n t e r s ta t e C om m erce C o m m issio n s h a ll
a s c e r t a in ; b u t w h y u n d e r ta k e th r o u g h a n e x c e e d in g ly e x p e n s iv e
p ro c e e d in g to a s c e r t a in th e v a lu e o f p ro p erty fo r th e p u r p o se o f
d e te r m in in g t h e p r o p r ie ty o f i t s c a p it a liz a t io n , e x c e p t w h e r e t h e
p r o p r ie ty o f i t s c a p it a liz a t io n i s in v o lv e d in so m e c o n tr o v e r s y ?
Y ou m ig h t j u s t a s w e ll p r o v id e fo r a c o m m is sio n to a s c e r ta in
th e v a lu e o f a ll o f t h e p ro p erty in th e U n ite d S ta te s , b e c a u se
it m ig h t, u n d e r so m e c ir c u m sta n c e s , b e n e c e s s a r y to h a v e th e
f a c t in t h e c o u r ts in t h e d e te r m in a tio n o f a n y q u e stio n t h a t
m ig h t a r is e .
I t is b e c a u se th e r e i s u p o n t h e s t a t u t e b o o k s to -d a y a la w
a u th o r iz in g t h e d e te r m in a tio n o f v a lu e s t h a t I sh o u ld n o t f e e l
c a lle d u p o n to su p p o r t a n a m e n d m e n t t h a t w o u ld m e r e ly r e
ite r a te , a n d in a fo r m n o t so d e sir a b le , t h e e x is t in g la w . T h e
I n t e r s ta t e C o m m erce C o m m issio n in t h e S p o k a n e c a s e sp e n t a
g r e a t d e a l o f tim e , b u t n o t a v e r y la r g e su m o f m o n e y , fo r th e
p u rp o se o f d e te r m in in g th e v a lu e o f t h e p r o p erty , in o r d e r to
d e te r m in e w h e th e r or n o t t h e r a t e s w e r e r e a s o n a b le o r c o n fis
c a to r y , a n d n o e m b a r r a ss m e n t g r e w o u t o f th a t.
T h e o n ly n e c e s s it y t h a t I se e is t h a t w e p r o v id e th e co m
m is s io n w it h t h e f u n d s to e n a b le th e m to e x e c u t e t h e e x is tin g
la w , b e c a u se , i f w e e n te r u p o n t h is v a s t u n d e r ta k in g o f d e te r
m in in g t h e v a lu e o f p ro p e r ty m e r e ly o u t o f c u r io s ity or a s a
b a s is fo r c a m p a ig n sp e e c h e s, w e w ill b e c e r ta in ly v io la tin g o u r
d u ty h e r e in g u a r d in g t h e T r e a s u r y a g a in s t e n o rm o u s a n d u n
n e c e s s a r y e x p e n d itu r e s.
I f w e w e r e to a d o p t t h is a m e n d m e n t a n d e n te r u p on su c h a n
e n te r p r is e a s i s c o n te m p la te d b y it, w e w o u ld find t h a t it
w o u ld b e a c o n tin u in g th in g fro m y e a r to y e a r in d e fin ite ly .
T h e r e is n o tim e w h e n th e v a lu e o f r a ilr o a d p r o p e r ty o f t h e
U n ite d S t a t e s c a n b e d e te r m in e d fo r m o re th a n o r b ey o n d t h e
p erio d o f th e a c t u a l d e te r m in a tio n o f it. N e x t y e a r t h e v a lu e s
w ill h a v e c h a n g e d ; a n d t h is im m e n s e fo r c e a n d t h is e n o r m o u s
e x p e n d itu r e w o u ld go on in d e fin ite ly . I t i s s t a t e d h e r e t h a t i t
w o u ld c o s t $5,000,000 to d o it. I f it w ill c o s t $5,000,000 to d o
it t h is y e a r , it wi l l c o s t p ro b a b ly t h e sa m e o r m o re to d o it
in five y e a r s or t w o y e a r s or a t a n y o th e r p e r io d in t h e f u t u r e
I se e n o o c c a s io n fo r a n tic ip a t in g th e c o m m is sio n o f c r im e or
th e d o in g o f w ro n g b y e it h e r p e o p le o r c o r p o r a tio n . L e t u s
m e e t t h e s e c a s e s a s th e y co m e b e fo r e u s j u s t a s w e d o in th e
o r d in a r y a d m in is tr a tio n o f j u s t ic e .
W e w o u ld n o t th in k o f
m a k in g a n a p p r o p r ia tio n fo r t h e d e te r m in a tio n o f a q u e stio n
th a t m ig h t or m ig h t n o t a r is e in t h e fu t u r e . W e a r e h e r e to
le g is la t e fo r t h e p r e se n t, k e e p in g in m in d a lw a y s , o f co u rse,
th e e ffe c t o f t h e le g is la t io n u p on t h e f u tu r e . I se e n o o c c a s io n
fo r g o in g fu r th e r th a n to m a k e a n a p p r o p r ia tio n to e n a b le t h e
I n t e r s t a t e C om m erce C o m m issio n to e x e c u t e a n d a d m in is te r th e
J une 1
C O N G R ESSIO N A L R EC O R D — S E N A T E .
7 1 9 6
The junior Senator from Arkansas [Mr. D avis] with ti,„
,
statute books and which tyas been junior Senator from Illinois [Mr. Lobimeb].
law that is already upon1 the
^ ^
UnIted states—an
The senior Senator from Florida [Mr. T aliafebro] with th«.
interpreted by the S P iej ^ tJie reason 0f every person. It
in te r p r e ta tio n th a t a n
gtiong are at present involved within junior Senator from West Virginia [Mr. S cott],
Mr. SCOTT (after having voted in the negative). I Vot
Jl'e"hity U?a?resto upon the Interstate Commerce Commission with perhaps a misunderstanding. I announced a pair with
the junior Senator from New York [Mr. Root], but as he i H
to perform lts.^u° 2 ^ J ay j merely suggested some interroga- already paired with the junior Senator from Georgia [ m _
AUien 1 sp<X® Effect of an assessment by the distinct tri- Clay], and the Senator from Georgia transferred the pair
torios as to the e
L
c t n t a h u t t ran Rtm see the
the junior Senator from Iowa [Mr. Cummins ], I desire to with
draw' my vote in order to keep my pair with the senior Senat.,P
from Florida [Mr. Taliafebro].
Mr. LA FOLLETTE. I ask that the pairs be announced
insert aSneTsectionrtTbe known as section 10a and to read as
„ . ,
recorded----- Mr. GALLINGER. Let the vote first be announced.
f o llo w s :
t regulate commerce approved February 4,
a m e n d e d ,h e r e b y amended by adding thereto a new section,
Mr. KEAN and others. Yes.
1887, as ame
section 19a and to read as fo llo w s:
.
Mr. LA FOLLETTE. And the names of those not votii,2
to be known as section commiS8lon sluU1 investigate and ascertain the
,* ^B<ri Jj'e' property used for the convenience of the public by every and not paired be announced.
value of w e property
tfa provision3 of this act. For the purpose
The VICE-PRESIDENT. After the vote shall have bee,
common carrier 6 ^ ^ t ^
‘’gcertalnment of value the commission
of such an in
».
anch engineers, experts, and other assistants as recapitulated and announced that will be done.
Mr LA FOLLETTE. I made a request of this sort on nn
,8„avUhe0 necessary“ who shall have power to adm inister oaths, examine
may be necessary,
t timony
f he vaiue shall be ascertained by other vote, and it was deferred until the vote was announced
W tnnn«So f ’an inventory1 which shall list such property so used by every and it did not appear as it was ordered that it should apnea*’
means„„° r„rr hr mibiect to the provisions of this act in detail, and
Mr. GALLINGER. Let us have the regular order.
^ “ “ classify the physical elements of such property in conformity with
®“®h classification as the commission may prescribe.
Mr.’ LODGE. I make the point that this is out of order pon(,
“‘r h e commission shall have power to prescribe the method of procodnT-o to be followed In the conduct of the investigation, the form in ing the announcement of the vote.
The VICE-PRESIDENT. It is out of order. The Secret ary
which the results of the valuation shall be submitted, and the classi
fication of the elements th at constitute the ascertained v a lu e ; and such
will recapitulate the vote.
Investigation shall show the value of the property used by every com
The Secretary recapitulated the vote.
mon carrier as a whole and the value of such property in each of the
Mr. LA FOLLETTE. Now, Mr. President----S v e r a f States and Territories and the D istrict of Columbia.
“ Such investigation shall be commenced not later than January 1,
Mr. HALE. Let the vote be announced, Mr. President.
1011 and shall be prosecuted w ith diligence and thoroughness, and the
The result was announced—yeas 25, nays 30, as follows;
result thereof reported to Congress a t the beginning of each regular
SCS“ EveryCcommonUcriTiTrmsubject to the provisions of this act shall
furnish to the commission, or its agents, from time to time and as the
commission may require, maps, profiles, contracts, reports of engineers,
and any other documents, records, and papers, or copies of any or all
of the same in aid of such investigation and determination of the value
of the property used by said common carrier, and shall grant to all
nsrents of the commission free access to such property, its right of
wnv and its accounts, records, and memoranda, whenever and whereever requested, by any such duly authorized agent, and every common
earner is hereby directed and required to cooperate w ith and aid the
commission in the work of such valuation of property in such further
Particulars and to such extent as the commission may require and
direct • and all rules and regulations made by the commission for the
Purposes of administering the provisions o f th is section and section 20
of this act shall have the full force and effect of law.
“ Upon the completion of the work herein provided for the commis
sion shall thereafter, in like manner, keep itself informed of all ex
tensions and improvements or other changes in the condition and value
of the property used for the convenience of the public by every com
mon carrier subject to the provisions of th is act, and shall ascertain,
the value thereof, and shall, from time to time as may be required for
the proper regulation of such common carriers under the provisions of
this act revise and correct its valuation of property.
“ To enable the commission to make such changes and corrections in
its valuation, every common carrier subject to the provisions of this
act shall report currently to the commission, and as the commission may
renuire all improvements and changes in the property used by It for
the convenience of the public, and file with the commission copies of all
contracts for such improvements and changes a t the time the same are
executed.
“ Whenever the commission shall have completed the valuation of
such property so used by any common carrier, and before said valuation
shall become final, the commission shall give notice by registered letter
to said carrier, stating the valuation placed upon the several classes of
nronertv used by said carrier, and shall allow the carrier thirty days
in which to file a protest against the same w ith the commission. I f no
nrotest is filed within thirty days, said valuation shall become final.
v if notice of protest is filed by any common carrier, the commission
shall fix a time for hearing the same, and shall proceed as promptly as
mav be to hear and consider any matter relative and material thereto
which may he presented by such common carrier in support of its pro
test so filed as aforesaid. I f after hearing any nrotest of such valua
tion under the provisions of this act the commission shall be of the
oDinion that its valuation is incorrect, It shall make such changes as
mav be necessary, and shall issue an order making such corrected valu
ation final All final valuations by the commission, and the classifica
tions thereof shall he prima facie evidence relative to the value of the
pronerty in all proceedings under this act.
“ The provisions of this section shall apply to receivers of carriers
and operating trustees. In case of failure or refusal on the part of
anv carrier receiver, or trustee to comply w ith any o f the requirem ents.
o f'th is set and in the manner prescribed by the commission such car-'
rier receiver, or trustee shall forfeit to the United States the sum of
tr/oo for each such offense and for each and every day of the continua-,
tion of such offense, such forfeitures to be recoverable in the same man-.
ner as other forfeitures provided for in this act.
“ That the circuit and district courts of the United States shall have
• n it ____ _ fhn rmnllnaHAn nf
AflnruAF-Uonorfll nf fho TTnifn/1
with or a violation or any or lug provisions of this act by any common
carrier to issue a writ or writs of mandamus commanding such com-'
mon carrier to comply with the provisions of this act.”
f
lowing pairs:
The senior Senator from Arkansas [Mr. Clarke] with the
senior Senator from Rhode Island [Mr. Aldrich],
The senior Senator from Texas [Mr. Culberson] with the
junior Senator from California [Mr. F lint],
Bacon
Bailey
Boran
Bristow
Brown
Clapp
Clay
Brandegee
Briggs
Bulkeley
Burnham.
Burton
Carter
Clark, Wyo.
Crane
Aldrich
Bankhead
Beveridge
Bourne
Bradley
Burkett
Burrows
Chamberlain
Clarke, Ark.
Culberson
Crawford
Dixon
Dolliver
Fletcher
Frazier
Gamble
Gore
YEAS— 25.
Jones
La Folletto
Newlands
Overman
Owen
Rayner
Simmons
Stone
Taylor
Paynter
Purcell
NAYS— 30.
Guggenheim
Cullom
Hale
Curtis
Hey burn
Depew
Kean
Dick
Lodge
du Pont
Nelson
Elkins
Nixon
Frye
Page
Gallinger
NOT VOTING— 37.
Cummins
McEnery
Daniel
Martin
D avis
Money
D illingham
Oliver
F lin t
Penrose
Foster
Percy
Hughes
Richardson
Johnston
Root
Lorimer
Scott
McCumber
Shively
Perkins
P iles
Smoot
Stephenson
Sutherland
vVarner
Smith, Md.
Smith, Mich.
Smith, S. C
Taliaferro
Tillman
Warren
Wetmore
So Mr. L a F ollette’s amendment was rejected.
Mr. LA FOLLETTE. Now I renew my request.
The VICE-PRESIDENT. Will the Senator from Wisconsin
please restate his request?
Mr. LA FOLLETTE. It is that all pairs be announced, and
fully announced, stating how, if the pair was so recorded th«
Senator would have voted had he been present, and that tlm
names of all Senators not paired and not voting be stated h,
the Record.
The VICE-PRESIDENT. Is there objection to the request
of the Senator from Wisconsin?
Mr. MONEY. I object.
The VICE-PRESIDENT. Objection is made.
Mr. MONEY. I object to this part of the request of the Sen
ator: I object to the name of a Senator who is absent and not
voting and not paired being put in the Record for the purpose
of showing that he did not pair and did not vote. The fact
that his name does not appear in the roll either for or against
the amendment, and that his name does not appear amon-st
those pained, seems to me quite sufficient, and therefore I an,
compelled to object to that part of the Senator’s request.
m
The VICE-PRESIDENT. The Senator from Mississippi ohjects.
Mr. GALLINGER. Another reason for objecting is that the
Senator from Wisconsin suggests that announcement be made
how absent Senators would have voted if they had been here
I do not think that can very well be done.
Mr. LA FOLLETTE. No; I did not make a request for that
except as stated in the announcement of their pairs.
1910
CON G RESSIO N A L RECO RD — SE N A T E
Tlie S ecretary, u n page 24, alter line i, insert tne ronowing;
S ec 10a. That the act to regulate commerce, approved February 4,
1887, as amended, is hereby amended by adding thereto a new section
to be known as section 19a, and to read as fo llo w s:
S ec 19a That when, in any proceeding before the Interstate Com
m erce' Commission, whether begun upon application or upon its own
in itiative involving the determination of the reasonableness of a rate,
charge or classification, or the reasonableness of a proposed increase
of a°rate or charge, or change of classification, the value of the prop
erty of any transportation company subject to this act is material to
the determination of such question, the commission shall have the
authority to ascertain and determine, after full hearing, the actual
nhvsical value of the property of such corporation; the amount of
stocks and bonds issued and outstanding by it ; the amount of money
or nronertv value actually paid to and received by it for the stocks and
bonds so issued, and what part of the moneys and property so received
was actually invested and used in the construction, equipment, and
improvement of its property, and any other just and fair element of
value- and said determination and findings shall be prima facie evi
d en ce’of the facts so found in said proceeding or any subsequent pro
ceedings against such corporation involving the reasonableness of a
rate charge, or classification, or the reasonableness of an increase of a
rate: or cfiarge, or change of classification. For the purpose of making
the foregoing investigations and determination the commission shall
have power to require from such corporation, in such detail as the com
m ission may prescribe, an inventory of its property and of all stocks
and bonds issued by it, the amount of money or property received there
for and how in v ested ; to employ expert engineers and accountants to
examine the statem ents contained in such inventory or to examine the
property and books relating thereto of such corporation; and to make
anvP other examination and investigation the commission may deem
necessary - and for this purpose it shall be the duty of such corporation
to fnimish such engineers and accountants, or the commission full
access to any of its property or books. The commission shall make ft
record of its findings and determinations as to the physical value of
the property and as to the stocks and bonds of such corporation, and
renort the same to the Congress at its next regular session thereafter
a n T a ls o “ to the governor of the State or States in which such cor
poration is incorporated.”
Bradley
im ungiiam
money
m m r a iv
Burkett
F lin t
Oliver
Tillman
Chamberlain
Foster
Penrose
Warren
Clarke, Ark.
Hale
Percy
Wetmore
Culberson
Johnston
Richardson
Cummins
Lorimer
Root
So Mr. S im mons ’s amendment w as rejected.
Mr. STONE. I offer the amendment I send to the d est.
The PRESID IN G OFFICER. The amendment w ill be read.
The S ecretary. Add to the bill new sections, as fo llo w s:
Sec 12. That for the purpose of this act the following words and
phrases shall he deemed to have the meaning specified in this section :
“ Stock ” shall mean any share or shares of capital stock in any such
corporation, whether common, preferred, or otherwise classified.
“ Evidences of funded indebtedness ” shall mean any bonds, deben
tures, coupons, notes, or other evidences of indebtedness payable at any
time after twelve months from date thereof.
.
, .
The term “ securities ” shall include both stock and evidences of in
debtedness as hereinabove defined.
...
S ec. 13. That no corporation subject to the provisions or this act
shall issue any share of stock unless at least the par value thereof has
first been paid in cash into its treasury or unless it is issued in exchange for property or securities at not to exceed their true find actual
value, equal in amount to at least the par value of such stock : 1 rovided, That it shall he lawful for such corporation to pay a commission
to any person, if necessary, as a consideration to his subscribing or
agreeing to subscribe for any shares or procuring or agreeing to pro
cure subscriptions for any shares, but no such commission shall be paid
unless expressly authorized by the Interstate Commerce Commission as
necessary and in the public in te r e st: A n d provided fu rth e r, That any
company which has been in continuous existence for more than two
years may sell additional shares at a discount, if necessary to procure
their sale ; hut no shares shall thus he sold at a discount without the
previous express approval of the Interstate Commerce Commission as
necessary and in the public interest.
, , . .
S ec. 14. That no such corporation shall issue any evidences of funded
indebtedness which shall have a date of m aturity exceeding fifty years
from date of issue, or which shall hear interest at a rate exceeding (>
per cent per annum. And in no case shall such corporation sell its
evidences of funded indebtedness at a discount such that, taking Into con
sideration the rate of interest and the date of m aturity thereof, the net
return to the investor thereon shall exceed i per cent per annum. The
amount of such evidences of indebtedness winch may hereafter be is
sued by any corporation shall not, together with evidences of funded
indebtedness previously issued, at any time exceed, In all, the capital
stock of the corporation actually paid in at the time : P rovid ed h orn ver,
That whenever the law of a State under whose law s any such corpora
tion has been organized shall authorize such corporation to issue a
greater amount of its evidences of funded indebtedness than that herein
provided for or shall authorize a higher rate of interest than that
herein limited and provided for, them in such cases and as to such cor
poration the Interstate Commerce Comm ssion shall not in those particulars imikG any decision or order not in accordance wi th such state
law • A n d nrovided f u rth er, That any such corporation which at the time
of the passage of this act shall have evidences of funded indebtedness
outstanding in excess of its capital stock may refund any part of such
funded indebtedness in the future by issuing not to exceed an equal
amount of evidences of funded indebtedness.
S ec 15. That no such corporation shall issue any stock or evidences
of funded indebtedness, nor apply the proceeds thereof, except for the
follow ing purposes, to wi t :
,,
. . .
First. For the acquisition or construction of property to be used in
the operation of its business ; P ro vid ed . That where any securities of
such corporation are issued for the purpose of raising money to defray
the expenses of the construction of any permanent line for transporta
tion which can not be made profitable over a lengthened period, the
company may pay interest on so much of the cost thereof as is herein
after specified out of the proceeds of its stock, charging the same as
part of the cost of construction. But no such interest shall be paid
out of the proceeds of stock unless the same shall have been expressly
authorized by the Interstate Commerce Commission as necessary for
the purpose of enabling such construction to he made, and the Inter
7199
state Commerce Commission shall determine for what period of time
interest may be paid in this manner, and such period shall in no case
extend beyond the c ose of the half year during which the c o n tra ctio n
shall have actually been completed.
construction
operation! ^
the imProvement of the property employed in such
Third. For the refunding, whether by the issue of evidenceindebtedness or by the issue of stock or the e v i denoeK of° fnn /V i t n
debtedness of the corporation previously isSued P ™ tir fp / “i w
re°fundfn? a11 ^ am° Unt ° f securities outstanding be in creased 'bysu ch
Fourth. Corporations themselves engaged in the
.»
transportation only, subject to the lim itations in s e c tio ^ T l^ ^ s s n e
slock or evidences of funded indebtedness in excha me for t he Ji
rarities of other corporations owning or operating 1t r a n s p o r t i n g
k telegraph, or telephone lines, or may apply the proceeds
The 4 le'
Ntlier stock or evidences of funded indebtedness t ^ h e purchase of
slfch. securities : P r o v id e d That no such corporation s h a llh e r e a fte r
acquire or hold any of the securities of any other cornoratinn which
operates a parallel or competing line, nor shall any such cornorat nn
hereafter acquire any of the securities of any other corporation
lines are not directly connected with the lines of L f pPUrchas?n J co^
poration, unless, although not connecting, the lines of the corporation
whose securities are acquired are so related to the lines of the n u r c W
mg corporation as to permit operation of both lines as a snl S m
unit and to the improvement of the service.
substantial
Fifth. Corporations organized for the purpose of holding securities
of other corporations owning or operating transportation, tcW ranh
or telephone lines may, subject to the lim itations in section 1 ft
their securities in exchange for the securities of any s u c h c o r n L S
or apply the proceeds of the sale of their securities to tlm purchase o^
such securities : P ro vid ed . That no such holding corporation shall hL«
after acquire or hold securities of any corporation o w n i n l J ™ «\Ae«re'
a line parallel to or competing with the line o r ’lines K n y X er® co ?
poration in which it also holds securities ; nor shall any such holding
corporation hereafter acquire the securities of any corporation ,Vi™ ^
lines are not directly connected with those of some o f f
In which It already holds securities, unless, although not CJ i 1I : 1 t VJri
connected, the lines of the two corporations can boonerat-cS Vi ct}y
stantially one unit and the service be improved tberebvPGldted as sub"
Sec. 16. That no corporation subject to the m-ovi/innc,
shall issue its securities in exchange for the property or w n H t f ac!
any other such corporation, or shall purchase the nronertv
of any other such corporation at a rate or price hi excess nf ra«rl-tles
and reasonable value of the property or securities so acquired 1
true
S ec. 17. That a corporation subject to the provisions of this act Chnii
Issue only such amount of stock and evidences of funded ir rtchtLf^a 1
as may be reasonably necessary for the purpose for which such
has been authorized; and no such corporation shaU am.lv the p ro ceed
of any such stock or evidences of funded indebtedness to anv other0™™,
pose than that for which they were authorized: P r o v i d e d That
ever the law of a State under whose laws any such cwDoraHon
been organized shall provide for and lim it tlie amount *of s to d ^ o r
evidences of funded indebtedness that any such corporation ihm
then and in that case the Interstate Commerce Commission
In that particular make any decision or order not in accordance wRh
such state law'.
‘“ i a Wltn
S ec. 18. That before any corporation subject to this act shnii i** „
any securities it shall make a full report of its proceeding in resnect
thereto to the Interstate Commerce Commission. Such renn.-r S
show the amount and character of the securities which it n .-n n L fi*
issue, the purpose for which the same are to Ik; issued or toP \ v E Soto
Is thereof are to he applied, ami the necessity for such Vi0the
it shall state whether it is proposed to issue the sam e
ox t ,, .? cG:
cash or for property or sc
the same are to mV ?e fo ?
In exchange for existing property or securities, or if the nrocV Jl .i uetl
are to he applied to the acquisition of existing proper!
thereof
the report shall contain full information as to the lo c a t h .iV V ClV ties’
ter of such property, or the location and character of the
c,i^racsented by such securities, together wi th satisfactory e v id e n t
actual, tangible, and physical value thereof, and 'shall show iV° the
the property is that of an existing company, or in the case of Ti,,V cas,e
ties of an existing company, what part of the value of s,?ch ™he sef uri'
securities Is represented by the investm ent of surplus eVrninVa0 l)frty o^
company subsequent to the passage of this act ; and if
5 SS5
are to he issued in exchange for or if the proceeds
securities
used for the construction Oi
-n of prop.H-t v not t h L a r e be
the report shall contain a full description of such m-onostpdV.nn<£Xlsti1Pg’
or acquisition, together with reasonable evidence as fcPWnrotaVM*®?
thereof. Such report shall also state what, If any, rate of commission m
is proposed to pav for securing the sale of any shares
O ^ rk Vnd
at what. If any. discount It Is proposed to sell n riv such s h a r e s * ’
d
SEC. 19. That the Interstate Commerce Commission ahnii
■ * "
matter, taking such testim ony aa i l mQJ ePP°n
!.ni-1i i n i Ar s a t AS a f.,n — ---- - ., ^ may deem
> be heard,
sion as to
DUCIl gCT,».™ „...... ..... ..... .......... L , ____i-easo
3 ^hlS RCt.
shall specify” t h e ‘respective amounts- of“7tock ‘or eVid'enee^of^fnoVm1]
indebtedness which are authorized to Issue for the r e s p e c t iv e U S
to which the same or the proceeds thereof are to be applied in
that such issue may conform to the requirements of this act ’
raer
Sec. 20. That whenever, for the purpose of better fulfilling
■,
ties imposed Upon it by law under this act or under a n y o th e r act. thii
Interstate Commerce Commission shall deem it necessary It
6
a determination of the actual, tangible, and physical value V t h e VW
erty of any transportation, telegraph, or telephone c o m p a n y ?'
this act; and for this purpose it shall have power to require frVV. C
V V?
company a report setting forth, in such detail as the commission nmv
prescribe, the cost and value of its property; and the commission shaft
have the power to employ expert engineers and accountants to exam ini
the statem ents in such report or to examine the property and accounts
of such corporation; and it shall he the duty of sueli company to f™
nish such engineers and accountants full access to the property and tn
the accounts of the company bearing on such cost and value
Sec. 21. That every annual or periodical balance sheet of anv s u c h
corporation which shall hereafter. In accordance with law, be filed w i t h
the Interstate Commerce Commission shall distinguish securities issued
under the provisions of this act from securities previously issued and
shall indicate as to each class of securities issued under the terms of
this act the amount issued for cash, the amount of premiums or of dizt
count, if any, thereon, the amount of commission, if any, allowed on
sales of stock, and the amount issued in exchange for property and for
7200
CONGRESSIONAL RECORD—SENATE.
*1 „i„ ThP Interstate Commerce Commission shall
securities, respectively. The
auell corporations and require from
prescrilH> such forms of acc
"vvill disclose clearly th e disposition of
them reports in-such f o u n a n M U . o i k
ftnd ^ ap llcation 0f the
securities issued u“i! ” ® orni)l)nv subject to the provisions of this act
proceeds thereof.
™“ ^heets, or other balance sheets hereafter
“the I n te sta te Commerce Commission, distinguish among
submitted to
of such assets acquired by the investment or surlts assets the amount or sut
passaSe of this a c t; and every such
plus W1'ni" .^ hsl' t hereafter acquire the property or the securities of
" “ S r such company shall, in its annual balance sheets show wliat
any other such com^i x property or securities so acquired represents
^ investment subsequent to the passage of this act, of surplus earn! m nt Tiir comP:inv whose property or securities are acquired
ln5 L.rf 2 2 That if any corporation subject to th is act shall issue semiriHes without the approval of the Interstate Commerce Commission,
oU* heroin provided, such securities shall be illegal, fraudulent, and
void and any official of any such corporation signing or directing the
nasup of such legal securities, or any official of such corporation directing
hfo notification of the proceeds of the sale of any securities herein au
thorized to anv other purpose except that for which the same were
niithorized, shall be deemed guilty of a misdemeanor, and shall be subfeet upon conviction in a court of the United States of competent
tfirlsdiction, to a fine of not less than $5,000 nor more than $20,000 and
imprisonment for a term not exceeding three years.
The PRESIDING OFFICER. The question is on the amend
ment submitted by the Senator from Missouri [Mr. Stone],
Mr. STONE. Mr. President, just a word. I will state that
this proposition which I submit is exactly and in terms the
amendment proposed by the Senator from Iowa, known as the
Dolliver amendment, with two exceptions. To section 14 of that
amendment I add a proviso to this effect:
Provided however, That whenever the law of a State under whose
laws any such corporation has been organized shall authorize such cor
poration to issue a greater amount of its evidences of funded indebted
ness than th at herein provided for, or shall authorize a higher rate of
interest than that herein limited and provided for, then in such cases
and as to such corporation the Interstate Commerce Commission shall
not in those particulars make any decision or order not in accordance
with such state law.
To section 17, which, as offered by the Senator from Iowa,
relates to the issue of stocks and bonds, I propose this proviso:
Provided, That whenever the law of a State under whose laws any
such corporation has been organized shall provide for and lim it the
amount of stock or evidences of funded indebtedness that any such cor
poration may issue, then and in that case the Interstate Commerce
Commission shall not in that, particular make any decision or order not
in accordance with such state law.
That is all I care now to add to what I said this morning.
Mr. SHIVELY. Mr. President, I should like to ask the Sen
ator from Missouri whether, under this amendment, a company
could be organized in one of the States whose corporation laws
are very liberal, and could there receive authority to capitalize,
say, at $100,000 a mile?
Mr. BEVERIDGE. That is it exactly.
Mr. SHIVELY. Would this amendment prevent the Inter
state' Commerce Commission from interfering in any way with
that transaction?
Mr. STONE. Mr. President, this amendment would prevent
the Interstate Commerce Commission from making any order
that would conflict with the law of the State, but-----Mr. SHIVELY and Mr. DOLLIVER addressed the Chair.
Mr. STONE. Let me finish my answer.
Wliile I did not sympathize with the objection made to the
original amendment offered by the Senator from Iowa, and
really preferred it in that form, still it was contended on both
sides' of the Chamber that the amendment as that Senator
proposed it would interfere with and deprive the State of
the power and the right to fix the limit of capitalization for
corporations it had created. That objection was urged, and it
seemed to influence the minds and action of Senators.
What I now seek to do is to leave to each State the right
to e s t a b l i s h its own rules and to control the capitalization of
its own corporations. I do that with a view to obviating the
objections that have been made. It may be said, as it has
been intimated by the inquiry of the Senator from Indiana
[Mr. S hively], that some State might abuse this privilege
which it has-----Mr. DOLLIVER. Mr. President-----The PRESIDING OFFICER. Does the Senator from Mis
s o u r i yield to the Senator from Iowa?
Mr STONE. If the Senator will pardon me for a moment—
I was saying that it is urged that some State might authorize
a capitalization or the issuing of evidences of indebtedness far
beyond what was reasonable and right; but that, I think, is not
likely to happen.
Mr. President, for myself I am willing to leave each and
every State in this Union free and undisturbed in this behalf
and trust the patriotic judgment of the people and the lawrnakers of each State where a corporation is organized to fix the
limit of its capitalization. Undoubtedly, as I see it, even under
the amendment as originally proposed by the Senator from Iowa,
a State could, in the first instance, when authorizing or permit
ting the organization of a corporation under its laws, fix the
limit of its capitalization, because, in the first instance, such a
J lJ X E
J
*y
corporation is limited in the scope of its operations to the state
itself Primarily it is not an interstate corporation, but a Htnt*
corporation. If the State of Indiana, for example, organiz<,«
or permits the organization of a corporation under Us j;uvs
primarily it could do only an intrastate business, for the state
of Indiana would have no power to confer upon the corporation
the right to extend its Hues into other States or to do an inter
state business. It would be a domestic or local corporation ami
the State could say that that corporation could capitalize at ku, |
sum as it saw proper to limit. It w ill be the purpose of tin„
amended amendment which I shall offer to remove the object j, i
urged that the proposition submitted by the Senator from pny
might interfere with the rights of a State.
I do not believe that any State in the Union will Ko Vt>
much too far in the direction of authorizing capitalization, p,/,
ing an advocate of, and a believer in, the dignity and integrity
of all the States, I am willing, for myself, to leave it to tln>
judgment of the lawmaking and law-executing power of
State to fix the lim it of capitalization for corporations organ
ized under its laws. That is the only particular in
propose to change the amendment of the Senator from low ,
leaving all the other powers conferred upon the Interstate Com!
merce Commission, which are numerous, as provided for in tii;lt
Senator's amendment.
Mr. DOLLIVER. Mr. President, I, of course, have a s y m il „
thetic interest in the approbation which the Senator from Mj‘s
souri [Mr. S to n e ] has been kind enough to give to the amend,
ment which I presented to the Senate the other day, and wlmm
received so scant a vote as to almost discourage anybody who
was not fortified by long experience and much tribulation; but
I do not think I ought to carry my sympathetic emotions
far as to acquiesce in the notion that the amendment which
the Senator from Missouri has offered has any significance ,,f
a practical sort. He proposes that the Government of the
United States shall strictly regulate the issue of these
and bonds, provided that where the law of a State has
taken to control the matter, the federal prohibition shall have
no application. That is an excellent device to interest poop],,
who are morbid on the subject of state rights. It does not im
terest me.
I hold that the highest right any State in the Union has |s
the right to have the Congress of the United States exercise it*
jurisdiction under the Constitution. It is all folly to say that
with that proviso this amendment of mine, already unfortunate
beyond measure in having been defeated, would have any jm
porta nee or meaning for the public whatsoever. Every over'
capitalization that has occurred in forty years in the United
States, every existing inflation of railroad security values, has
taken place in strict accordance with the laws of the State h,
which the corporation is legally incorporated. No inflation of
railroad securities is very likely to occur in violation of the
laws of the State which create the corporation. Therefore the
abuse in all of its enormity has grown up in strict accordan t
with the law or as a strict result of the failure to legislate on
the part of the State in which the corporations are organize!
It is, therefore, perfectly obvious that a federal prohibition
not applicable where the States have authorized the thing to
be done, instead of being a valuable addition to our volume of
statute laws, is in reality a mere futility. However benevolent
and helpful in its purpose and design, it is absolutely worthless
in its operation and its actual meaning.
The PRESIDING OFFICER. The question is on the amend
ment submitted b y the Senator from Missouri [Mr. S t o n e ]
Mr. STONE. I ask for the yeas and nays on the amendment
The yeas and nays were not ordered.
The amendment was rejected.
Mr. SIMMONS. I offer the amendment which I send to the
desk.
The PRESIDING OFFICER. The amendment will he
The S ecretary . After the last proviso of the long-and short!
haul amendment it is proposed to insert:
P r o v i d e d f u r t h e r , That when application is made to the said commu
t|„
which t
stocks
under
stated
Bion by a carrier to fix a lower rate for longer than for shorter dl»
tances on account of water competition, said application shall not ho
granted if the commission, after investigation, shall find th at the lmVl,
rate asked for will destroy water competition.
Mr. SIMMONS. Mr. President, we have two methods ,,f
transportation in this country—one by rail and one by water
I do not believe that the water carrier is entitled to any prefer!
ential treatment where his interest clashes with that of the car
rier by rail, but I do maintain that he is entitled at least to fair
and equal treatment.
It is now universally acknowledged that the decline in water
transportation in this country has been brought about by the
railroads. So far as this is the result of greater natural advan
tages which railroad transportation possesses over water turns-
1910.
CON G RESSIO N A L RECO RD — SE N A T E .
7203
T he P R E S ID IN G OFFTi-FTi
n».
-I V r . E L K IN S . In asm u ch a s th e S en ate h a s L ist -ulrmtotl
T he S ecretary. On page 17, betw een th e lin es 14 anil l o in- th e A m e n d m en t offered by th e Sen ator from N orth OaroHna
se r t th e fo llo w in g :
whidh is identical, so fa r a s I can see, w ith T h is
i , .'., , r
o r ^ S l h S l r t S e u ,e a S
Son° S T ^ S . ’ ^ A y ’ ^ S i r S
* * * '“* *
“ * " * “ “ “ * ° f P IU n * " » o n e a c t
f r e l e h t i t s h a ll n o t be n e rm itte d to in c re a se su c h r a te s u n le ss, a f te r u P ° ii a n o m e r .
h e a r in g hy th e I n t e r s t a t e C om m erce C o m m issio n , i t s h a ll he fo u n d t h a t
T h e V IC E -P R E SID E N T . T he q u e s t i o n is on agreein g to th e
su c h p ro p o se d in c re a se re s ts u p o n c h an g e d c o n d itio n s o th e r tln m th e
a m ^ u | m e n t offered by th e Senator from O h io
r P i i J n - .t r
e lim in a tio n o r th e d e c re a s e in w a te r c o m p e titio n , a n d th e s a id comjL .
,
y,
,,
^ ‘
U j“ °H u ttin g th e
m issio n is h e re b y sriven th e r ig h t to p re sc rib e m in im u m r a ilr o a d r a te s q u a s u o n . J
B y U rn sound, the
a je s
h ave it.
on lin e s c o m p e tin g w ith w a te rw a y s w h e n ev e r, in its o p in io n , th e o b je c t
Mr. B E V E R ID G E . T he y e a s and n a y s w ere ordered Mr
of th e r a ilr o a d o r r a ilr o a d s in re d u c in g r a te s is to d e stro y w a te r w a y P r e s i d e n t .
o iu e ie a , M r.
c o m p e titio n .
Mr. E L K IN S . N ot in th is case.
oy ram vay com petition. T here are tw o branches or d ivision s o f
-bis am endm ent. T he first provides th a t w hen a railroad h as
reduced a rate on a lin e or lin es in com petition w ith w a ter
w ays, it sh a ll not th erea fter ra ise th a t rate u n less it appears
th a t th e increase is based upon changed conditions other than
the elim in ation o f or th e decrease in w ater com petition.
Take, for exam ple, a case in w h ich th e ra ilw a y rate w a s 50
cents. I am referrin g to an actu al case. T he railw a y reduced
the ra te to 25 cen ts u n til th e boats com peting w ith it w ere
driven ou t o f com m ission. I t then raised is ra te to 100 cents,
° r tw ic e w h a t it w a s before engaging in th is com petition and
fou r tim es w h a t it w a s w h en the effort w a s m ade to drive the
boats from th e com peting w aterw ay.
I am fra n k to ad m it som e doubt a s to th e v a lid ity o f the
p rovision— w h eth er the r a ilw a y s could n ot go in to court, and
i f the ra te th e y fixed, say th a t o f 25 cents, w a s confiscatory,
w h eth er th ey could be prevented from raisin g it to a figure
w h ich w ould pay in terest upon th e co st o f th eir property.
The doctrine o f estopp el w ould h ardly apply.
B u t it seem s to m e there is a princip le involved here w hich
should su sta in th is am endm ent. I t is a part o f our national
policy to m ain tain transp ortation by w ater.
G reat sum s h ave been expended in th e im provem ent o f our
rivers. T hose expen d itu res h ave been largely nu llified by ruin
ous r a ilw a y com petition.
Such being th e policy regarding
w a terw a y im provem ents, it seem s to m e its attain m en t can be
secured by providing, a s does th is am endm ent, th a t a railw ay
reducing its rates, w h en th e object o f such reduction is again st
Public policy, w hen it is inspired by an ulterior m otive, does
so a t its ow n risk. A t an y rate a railw ay, in th e fa ce o f a
provision o f th is kind, w ill be slow to low er, its rates w ith a
view to destroying w ater com petition.
T he second section o f th e am endm ent provides th a t the
com m ission sh a ll be—
Mr. B E V E R ID G E . The y e a s an d n a y s w ere ordered and the
Secretary had started to call th e roll.
T he V IC E -P R E SID E N T . T he C hair is a d vised th a t th e v e a s
and n a y s had been ordered. T he Secretary w ill ca ll th e roll
The Secretary proceeded to call th e roll.
Mr. CLAY (w h en h is nam e w a s c a lle d ). I again ann oun ce
m y pair w ith the jun ior Senator from N ew York [M r R oot!
and th e tran sfer o f th a t pair to the senior Senator from F lorida
[M r. T aliaferro ], I vote “ y ea .”
Mr. F L IN T (w h en h is nam e w a s c a lle d ). I am p aired w ith
the senior Senator from T ex a s [M r. C ulberson ]. I tr a n sfe r
m y pair to th e senior Senator from P en n sy lv a n ia [M r P e n
rose ], and vote “ yea.”
Mr. F O S T E R (w h en h is nam e w a s c a lle d ). I am paired
w ith th e senior Senator from N orth D ak ota [M r M c C W m tii
I f I w ere a t lib erty to vote, I should vote “ y e a .” ‘
Mr. JO H N ST O N (w h en h is nam e w a s c a lle d ). I am m ir e d
w ith the ju n ior Senator from M ichigan [Mr. S m i t i i I
I f he
w ere presen t, I w ou ld vote “ y e a .”
*
ue
Mr. O VERM AN (w h en h is nam e w a s c a lle d ), j announce
m y pair w ith the senior Senator from W ash in gton [M r P rrvci
I f he w ere present, I w ou ld vote “ y e a .”
A '
t s -b
Mr. PERCY (w h en h is nam e w a s c a lle d ). I am naired «ritn
the ju n ior Senator from K entucky [Mr. B radley ].
m
Mr. R A Y N E Il (w h en h is nam e w a s c a lle d ), i tran sfer
pair w ith the jun ior Senator from D ela w a re [M r R ichardson 1
to th e senior Senator from V irgin ia [M r. D a n ie l ], and vote
“ y ea .”
Mr. SM ITH o f South Carolina (w h en h is nam e w a s called I
I am paired w ith th e ju n ior Senator from R hode Isla n d [M r
W etmore]. W ere he present, I should vote “ y e a .”
L ’
T he roll c a ll w a s concluded.
Mr. SCOTT. I again announce m y pair w ith th e senior Sen
ator from F lorida [M r. T aliaferro ] and its tr a n sfe r to th e
e
g iven th e r ig h t to p re s c rib e m in im u m ra ilr o a d r a te s on lin e s com ju n ior Senator from N ew York [Mr. R oot]. I vote “ veu »
Mr. C H A M B E R L A IN (a fte r havin g voted in the affirm ative*
p e tin g w ith w a te r w a y s w h e n ev e r, in its o p in io n , th e o b je c t o f th e
r a ilr o a d o r ra ilr o a d s in re d u c in g r a te s is to d e s tro y w a te rw a y com I am paired w ith the ju n ior Senator from P e n n s v l r \ r i *
p e titio n .
O l iv e r ] . In asm u ch a s he is n ot here, I d esire to w ith d ra w m v
111v
No possible objection can be m ade to th e v a lid ity o f th is vote.
Provision. I t is n ot probable th a t it w ou ld be resorted to e x
r. SM IT H o f South C arolina. I should lik e to
cept in a case o f palpable discrim ination, w h ere th ere w a s an th e absence o f th e senior Senator from V erm ont [M r ‘T)110unce
effort, by m a in tain in g rates ruinou sly low , to destroy w ater h a m 1 and the senior Senator from Sou th C arolina
1 x llcom petition, w ith th e m a n ifest purpose o f raisin g those rates m a n ] , and the pair o f th ose Senators.
When th e w a te r com petition w a s elim inated.
Mr. BACON (a fte r h avin g voted in th e affirm ative j
mMr. E L K IN S . I s not th is th e sam e am endm ent in substance quire if th e Senator from .Maine [Mr. H ale ] has vm ^ i '
a s th a t ju s t offered by th e Senator from N orth Carolina and
The V IC E -P R E SID E N T . H e h as not voted
adopted?
Mr. BACON. I have a pair w ith him for th e d av nnri t „ . «
Mr. B U R T O N . I t covers th e sam e general ground, but the draw my vote. If he w ere presen t and I w ere perm ittw l^tn
vote,
I should vote “ yea.”
e P erm itted to
am endm ent o f th e Senator from N orth Carolina pertained, a s I
stated a fe w m in u tes ago, to fixin g ra tes under th e long-andT he result w a s announcedced y e a s 54, n a y s 1, a s fo llo w sY E A S— 54.
short-haul clause.
Mr. E L K IN S . I th in k it is su b sta n tia lly th e am endm ent B everidge
C ra w fo rd
G ore
P u rc e ll
C
ullom
B
o
u
rn
e
G u g genheim
offered hy th e Senator from N orth Carolina and ju st adopted.
Rayner
C u rtis
Brnndegee
Hey
b
u
rn
S
c o tt
Mr. BU R TO N . Now , let m e point out to th e Senator from B rig g s
D epew
.Tones
S h iv e ly
W est V irgin ia th e difference. Suppose you have a w ater and Bristow
D ick
L a F o lle tte
S im m ons
D ixon
L odge
wail route from N ew York to W ilm ington, N. C., and through B ro w n
Sm oot
D o lliv e r
MoneyB u rn h a m
S te p h e n so n
Water and rail rates, w ith a number o f interm ediate rates, to B
d
u
P
o
n
t
N
elson
u rro w s
S to n e
Washington, to R ichm ond, to F ay ettev ille, and num erous other B u rto n
E lk in s
N e w lan d s
S u th e r la n d
F le tc h e r
N ixon
local points. T he am endm ent o f the Senator from N orth Caro C a r te r
T a y lo r
F li n t
O w en
C lapp
W arn er
lin a p reven ts th e rate from N ew York to W ilm ington by rail C
F r a z ie r
Page
la rk , W yo.
W a r re n
being fixed a t a figure w h ich w ill destroy w ater com petition, C lay
G a liin g e r
P a .v n te r
G
am
ble
P e rk in s
but th a t is so connected w ith th e interm ediate rates th at it is C ra n e
N A Y S— 1.
an independent proposition from the one set forth in th is
F ry e
am endm ent.
NO T V O T IN G — 37.
I w ill sta te th a t I th in k th e adoption o f an am endm ent lik e
th is is ab solu tely essen tia l to th e profitable u tilization , I w ill not A ld ric h
C u lb erso n
L o rim e r
R oot
C u m m in s
M eC um ber
S m ith , Md.
say o f a ll th e w a te rw a y s o f th e country, but o f a large share B acon
D a n ie l
M eE n ery
B
ailey
S m ith , M ich.
o f them , including, indeed, such a river a s th e M ississippi, on B an k h e a d
D a v is
M a rtin
S m ith , S. C.
w hich w e have expended enorm ous am ounts and on w h ich there B orah
D illin g h a m
O liv e r
T a lia f e r r o
F o s te r
O v e rm a n
should be a large and profitable traffic, very h elpful to a ll the B radley
T illm a n
H a le
P e n ro s e
u lk eley
W etm o re
com m u nities bordering on the river and situ ated near it. U n B
P e rc y
H ughes
B u r k e tt
less som e provision o f th is kind is adopted and incorporated in C h a m b e rla in
J o h n s to n
P ile s
K e an
R ic h a rd so n
° a r law s, th a t traffic w h ich sh ould e x ist m ust gradually d is C la rk e , A rk.
appear.
So Mr. B u r t o n ’s am endm ent w a s agreed to.
C O N G R ESSIO N A L R E C O R D -S E N A T E .
7204
_______
“ Mr
president,
om eielii'ent.
w ent.
.
v
T h e SECRETARY.
fo llo w in g :
I
offer
th e
fo llo w in g
T he S ecretary w ill read th e am end-
. (1(1 as an ad d ition al section to th e bill th e
A u u ud
railw ay h o lding c o m p a n ie s .
SfT
ThntV«ny number of; » « « ■ * {
ration for the P « I ^ “fon8 f f i e r s subject to the act to regulate
corporations which are comm
1887 ag amendedj wlth a view to concommerce, approved I e * i u .[lte^ tate and foreign commerce state rah
trolling in the ankcted together would constitute continuous and not
roftfls wnicn i*
competitive lines.
powers.
That every corporation organized under this act shall have powcis
and lie subject to’^ ^ n S m e ' a ^ d under such name to have corporate
J UNE
1
erty of such corporations situate in a State or Territory sh all h .
ject to assessm ent and taxation in such State or Territory unfits
law s thereof.
STATE POLICE AND STATE RATES.
’’
T h a t n o th in g herein con tain ed s h a ll be construed as in terferln *
th e police law s o f an y S ta te regard in g s ta te railro a d s controlled"? * !,h
poration s organized under th is a c t and op eratin g in such S ta t«.»
r
sh a ll a n y th in g herein con tain ed be con stru ed as affectin g the right i" ‘r
pow er of each S ta te to reg u la te pu rely s ta te com m erce on *uch /l,';'1
10adS-
ACCIDENT AND INSURANCE FUND.
T h a t every corp oration organized under th is act sh a ll se t asi<i» .
” v a p ercentage o f th e g ross receip ts or said corporation
. •fl
og 1 per cen t, to be held as a fu n d in th e T reasu ry o f the I n n *
S ta te s for th e p aym en t o f p en sion s to th e em p loyees o f such c^»rI),!^,,
tion and o f th e su b sid iary corp oration s con trolled by it, w ho shall i,**'
been disqualified for a c tiv e service eith er by in ju ry in th e service .,rV *
age. T he co n d itio n s e n titlin g em ployees to p en sion s, th e amount
tim e o f paym ent, th e in v e stm e n t o f th e fu n d , th e disbu rsing
sam e, and th e en tire m an agem en t th er e o f s h a ll be under rules and ri L^
la tio n s to be m ade and from tim e to tim e am ended by the I n t e r s if 1
C om m erce C om m ission.
, . T, n v
BOARD OF CONCILIATION.
I
|
1
S
K
S jg fiS & Z
herefnafter provided.
managers and agents as
hereinafter P™^ded- conyey mortgage, or lease such real or personal
Lortv as Pthe lawful purposes of the corporation may require, includproperty as tne
. £ a^d hold tho capital stock or bonds, or both,
I fSranroaIhcorporations, including navigation lines, and to lease the
P^
ro w
rmaSig^Ciht3° b ^ l n ^ m a k e 111"contracts, incur liabilities and bor
m on ey, Su bject to the requirements or provisions or other condi-
II To m ak ^ v-faw rn otneinconsistent with laws applicable to such cort»orat ions or the rules of the Interstate Commerce Commission.
P
CAPITALIZATION.
T hnt such corporations shall provide for and issue only such amount
. ,
and stocks as may be necessary for the purchase of stocks oi
or for the improvement or equipment of the railroad and navigaluTn lines leased bv it, together with the proper cost of organizing and
Promoting the company and the amount of capital reasonably required
P addition for working capital. No bonds or stocks shall be issued
except for money paid or for property acquired at its actual cash
vs 1ne The issuance of stocks or bonds and the amount thereof shall
in every case be subject to the approval of the Interstate Commerce
Commission, which shall grant full public hearings in relation thereto,
and of such hearings public notice shall be given by or under the direc
tion of the commission. The United States shall be represented at such
hearing by the Attorney-General or one of his assistants. The com
mission shall certify in writing to the incorporators or to the corpora
tion its determination, and shall record the same in its records, and all
bonds and stocks not issued in compliance with such determination
shall be void as against such corporation.
larids
CERTIFICATE OF INCORPORATION.
That the original incorporators shall sign and acknowledge a cer
tificate setting forth the following fa c ts:
The name of the company, which shall contain the words National
Railway Holding Company,” and which shall not be the same as that
of any other corporation organized under this act or sufficiently similar
thereto to cause confusion therewith.
Nature of the business proposed to be engaged in.
T h a t th e I n te r sta te Com m erce C om m ission is hereby empowered
directed to a c t a s a board o f con c ilia tio n betw een corp orations
ized under th is a c t and th eir em ployees as to an y d isp u te arisinL8?6
tw een such corp oration s and th eir em ployees in th e m atter o f ? ,,,'
p en sation , hou rs and con d ition s o f labor, th e p rotection o f Hfe
lim ii o f sa id em ployees, an d such pow ers sh a ll be exercised by said , r
m ission In accordance w ith
0 a t 0D3 to be m«de ami
from tim e to tim e altered by said com m ission.
DIVIDENDS.
T h a t no corp oration organized under th is a c t s h a ll pay or d ls tr in ,,
to its stock h old ers in any form , du rin g an y one year, a « v id e u d o r »
dends exceed in g in to ta l am ou n t 7 per c en t upon its ca p ita l stock, » i , i '
o u t t h l con sen t o f th e I n te r sta te Com m erce C om m ission.
JURISDICTION OF SUITS.
That any corporation organized under this act shall, for the punv
nf all actions by or against it, real, personal, or mixed, and all guitT?*
eouhv be teeried a citizen of every State in which its linen a r * iia
cited and in such cases circuit and d istrict courts of the United
s h a ll not have jurisdiction other than such as they would have in call!
between^ individual citizens of the same State
The provisions o f >
secUok shall not be held to affect the Jurisdlctk,n olE the CoUr„
U n ited S ta te s in cases b rou gh t h y th e U a ite d ^™ tes, o r_ b y d irectio n ,(f
an officer th erein , or cases for w in d in g up tn e a lla n s of any
corp oration.
E0LES.
T h a t th e I n te r sta te Com m erce C om m ission sh a ll m ake and from tin,
to tim e alter, am end, or rep eal ru les n e c essa ry for th e com plete enforce
m T h a tf thffi sec t!o n °a n d °a n '1!r a n c h ise s acquired under it sh all be t t
tim e s su b ject to am end m ent, a lte r a tio n , or rep eal by a c t o f C0ttgr^ l
T he V IC E -P R E S ID E N T . T h e qu estion is on agreeing to th.
am endm ent offered by th e Senator from N evada.
Mr. N E W L A N D S an d Mr. L A l O L L E l l E addressed th«
CbT h e V IC E -P R E S ID E N T . D o e s th e Sen ator from Nevada
y ield to th e Sen ator from W iscon sin ?
Mr. N E W L A N D S . I do.
Mr. L A F O L L E T T E . M a n ifestly th e r e is n ot a quorum
present. I su g g est th e ab sen ce o f a quorum .
D uration o f corporate e x isten ce.
Prin cip al place o f b u sin ess.
. . ,
, „ .
_ .
. .
T he V IC E -P R E S ID E N T . T h e S ecretary w ill call the roll.
The proposed am ou nt o f bonds and stock, w h ich s h a ll be determ ined
T h e S ecretary c a lle d th e roll, and th e fo llo w in g Senators
„„ provided in sectio n — , and th e r esp ectiv e am ou nts, con d ition s, and
p rivileges o f th e sep a ra te c la sse s o f sto ck if it is desired to have more an sw ered to th eir n a m e s:
t>
th an one class.
The par va lu e o f th e sh ares.
The number of shares subscribed by each incorporator.
t e said certificate shall be submitted to the Interstate Commerce
r e m is s io n which shall direct such amendments therein or additions
S n ns may be deemed necessary, and shall, when such certificate is
in conformity to law and in other respects is approved by the commis
sion indorse the approval of the commission thereon, and record the
cerHflcate, with such indorsement, and the day and hour of the
submission of the approved certificate, in proper books kept by the comon for such purpose. The corporate existence shall commence with
day and hour, and such record and a duly certified copy thereof
shall be prima facie evidence of such corporate existence.
REGULATION BY INTERSTATE COMMERCE COMMISSION.
That all corporations organized under this act shall be subject to the
provisions of the act entitled “An act to regulate commerce,” approved
February 4, 1887, and all acts amendatory thereof.
BOOKS AND RECORDS.
That the treasurer shall keep proper books of account of all transoah ns of the corporation, and the secretary shall keep proper and full
records of the transactions of all meetings of the stockholders, the board
directors and the executive committee, and all of said books shall be
m .e n to the inspection of the commission at any time, and also to the
S e c t i o n of any stockholder at any reasonable time and place It
L e the duty of the respective officers having charge of such books
Sp‘i records to permit, upon demand, after ten days’ previous notice,
such In s p e c tio n by a stockholder, unless such right of inspection shall
be enjoined as above provided.
y
REPORTS.
That all corporations formed under this act shall make to the Inters J te rommerTCommission such reports as are now by law required to
ho made to said commission, and such further reports as the rules of
slid commission shall from time to time require.
TAXATION.
T hat corporations organized under th is a c t arc hereby declared to be
ip
.!r
iim
c
n
ta
litie
s
for
th
e
regu
lation
in te r stao fte ind
and
foreign owcomin stru m en ta lities ror. wi
k
„ ed covf idences
eb tedness
ned
a sssr a s r a s a
C nllom
C u rtis
S a ?,on
B ahey
B ourne
B r?g4> °
n ic k
D o lliv e r
B risto w
Gore
G uggenh eim
H eyburn
H u gh es
J o h n sto n
E l k i n s L a F o l l e t t e
Perking
R ayner
S c o tt
S h ively
Sim m ons
Smoot S ‘ C*
™
g j g k
N ew lan d s
g S ft—
K
B
S
^
C ham berlain
C rane
h a z ie r
P rv e
G allin g er
Gam ble
O verm an
Page
P a y n te r
P ei cy
W arren
The
VICE-PRESIDENT.
F ifty-three
Senators
have an.
aw ered to the roll call. A quorum of the Senate is present.
Mr N E W L A N D S . M r. P resid en t th e purpose o f th is amendm e n t 'is to su b stitu te th e N a tio n a l G overnm ent for the Stat..
o f N ew Jersey a s th e sovereign w h ich sh a ll create nation* hold in g com panies for th e purpose o f u n itin g sta te r a ilro a d
w h ich, if connected togeth er, w ou ld c o n stitu te continuous and
n ot com p etitive lin es.
I t is n ot th e n a tio n a l incorp oration a c t for r a ilw a y companies
and n a v ig a tio n lin e s w h ich I h a v e h ith erto urged upon the
a tten tio n of th e Sen ate. I t differs from th a t in this, that p
n ow here p rovides for corp orations w h ich sh a ll ow n railroads
a s th e b ill w h ich I o rig in a lly prepared did. I t provides only f„r
corp orations w h ich can acquire th e stock o f sta te railroads
w h ich if connected togeth er, w ou ld form continuou s lines, and
th u s u n ite th eir control for th e pu rp oses o f in te rsta te and for
eign com merce.
. . . . . . .
M y purpose in offering th e am endm ent in th is form w as to
reliev e th e am endm ent w h ich I propose to offer o f the objec
tio n s urged by m y fr ie n d s upon th is sid e o f th e Chamber, who
1910
CON G RESSIO N A L RECO RD — SE N A T E
7217
just ended, but w e have in it the test of the issues in the as entertained grave doubt as to the constitutionality of such a
signments of error, and those assignments of error state the provision as that proposed by the Senator from T e x a s
proposition contained in the amendment offered by the Senator
Mr. BORAH. Mr. President-----from Texas. They are questions to be determined by the court.
The PRESIDING OFFICER. Does the Senator from W ash
Can we, w ith propriety, legislate further upon that question ington yield to the Senator from Idaho?
when the former legislation which, as suggested by the Senator
Mr. PILES. I yield to the Senator.
from Texas, w as in his judgment sufficient to have covered
Mr. BORAH. J u s t fo r a q u e stio n . I t is tru e , n e v e rth e le s s
everything that is intended to be covered by this amendment— t h a t th e c o u rt h a s n o t d ecid ed th e p a r ti c u l a r q u e s tio n w h ic h
can we, under those circumstances, proceed-to legislate further? w ill be p re s e n te d by th is a m e n d m e n t?
Mr. PILES. It is tr u e ; yes.
I think not.
Mr. BORAH. Then, there can be no impropriety in subm it
The language contained in the Senator's amendment is con
tained in the amended complaint to be submitted to the court, ting it to the court again, as it has not yet decided it
Mr. PILES. Mr. President, I should m yself be very much
and the court w ill doubtless pass upon this very question—I
might call it the suspended question— stated by the court when disappointed if the court held the proposed amendment consti
it considers this appeal. A s an act of propriety, why not w ait tutional. W hat benefit could it be to the people of this country
until the court has passed upon it? It may be that it w ill to have the Supreme Court o f the United States hold that a
sustain the contention of the Senator from T e x a s; it may do so railroad company could not transport a commodity which it had
mined and sold to a third person?
because the question is presented to it.
Mr. BORAH. Mr. President, then the Senator would be
Mr. PILES. Mr. President, I w ish to say but a few words in
I'espect to this amendment. I voted for the commodity clause greatly gratified to have the court hold it unconstitutional?
Mr. PILES. I think the amendment as proposed is uncon
as it w as passed in 1906. but I am unable to support the amend stitutional.
ment proposed by the Senator from Texas, not because it omits
Mr. BORAH. In view of the fact o f its supreme importance
the timber clause, which I aided in having inserted at that time, ought not the matter to be settled?
but because I believe the amendment to be unconstitutional and
Mr. PILES. I see no supreme importance about th is ques
that its enactment would work great injustice to many sections tion. The Supreme Court of the United States have held
of the country. I conceive it to be my duty as a legislator, under the present commodity clause that the railroad compa
whenever my mind is doubtful as to the constitutionality of a nies can not engage in the business of m ining and selling coal
proposed act, to cast my vote against it. W hile the courts un They hold, as the Senator knows, th at such companies may
der the authorities, as I understand them, resolve all doubts in mine and transport coal for their own use; that when thev in
favor of the constitutionality of an act, it is, I believe, the plain good faith, sell to some third person coal produced at their
duty of a legislative body to abstain from adopting a measure mines they may under existing law transport the coal so trans
unless fully satisfied of its authoi'ity to do so.
ferred the same as other commodities. Beyond th is I do not
At the time the commodity clause w as passed, it was not, I think Congress can rightfully go, and I do not think that any
believe, the intention of Congress to force the railroad com thing beyond this would be beneficial to the people. On the
panies to cease mining coal altogether, as stated by the Senator contrary, I tliiuk the adoption of the amendment proposed by
from Texas. At that time it w as pretty generally charged that the Senator from Texas would, in many cases, work serious
the railroad companies engaged in mining coal were discrimi injury.
nating against other mine operators by failin g to furnish them
Mr. BAILEY. Mr. President, w ill the Senator from W ashing
sufficient cars to carry on their business in such a manner as
to successfully compete w ith such railw ay companies in the ton permit me to ask him a question?
Mr. PILES. Certainly.
coal markets of the country. That it w as not intended to force
Mr. BAILEY. How can the court reconcile a decision that
the railw ays to cease mining coal absolutely is shown by the
fact that the commodity clause expressly authorizes such com Congress can not lay this prohibition on account o f the origin
panies to transport coal and other products mined or produced after they have asserted that Congress can lay th is identical
by them for the purpose of carrying on their business, and the prohibition on account of the ownership? In my opinion, when
Senator from T exas has, I notice, retained that proviso in his the court decides that Congress can prohibit coal of a certain
ownership from interstate transportation, it must decide that
amendment.
it can prohibit it on account of its origin.
There are in the western country a number of coal mines
Mr. PILES. The court took altogether a different view of
located upon a single line of railway. Indeed, I know of no the proposition.
place, except it be in the East, where the population is dense,
BAILEY. N o; the court d id not. The court d e c lin e d
where coal mines are served by more than one railroad. If, to Mr.
take any view of that question.
uecnned
therefore, this amendment should be adopted and the railroad
Mr.
PILES.
Y
es;
the
court
took
that
view
of
the
situation
✓ companies should be prohibited from mining coal except for
their own use, the people who are served by such mines would which the court said would render the law constitutional - and
it decided it upon that theory and said that the other question
be deprived of the privilege o f purchasing coal from many w
as doubtful.
mines that are now in operation, which in many instances
Mr. BAILEY. Mr. President, the Senator must know that if
would work an absolute injury to a very large number of
people. There are, doubtless, places in the mining regions of the court had said, as it might have said, that “ This construe
the country where no one but a railroad company could suc tlon w ill render the act unconstitutional and the other con
struction saves the constitutionality, and therefore w e adopt
cessfully operate a coal mine.
other construction,” that would have ended the m atterThe Senator from T exas has an idea that if his amendment the
but the court did not say that; the court said, “ T his construc
should be adopted the railroad companies could without diffi tion raises a great constitutional question; this other con
culty sell their mines to other operators, who would continue struction does not; and we adopt the other.” The court is
to work the mines and thereby furnish tonnage to the railroad already on record as declining to say that the provision w as
companies and coal to the consumers, but there are, no doubt, unconstitutional.
many mines so situated as to be of little or no value except to
Mr. PILES. I do not care to prolong this discussion as it is
the railw ay companies who opened them up for the primary
purpose of supplying them selves with coal along certain now nearly 6 o’clock, and I am reminded that if w e are to vote
upon this amendment this evening 1 shall have to close my
stretches of their roads.
remarks.
I think it would be a somewhat difficult task for the railway
The PRESIDING OFFICER. The question is on the amend
companies to find purchasers for so large an amount of
property, w ithin the tim e mentioned in the amendment, who ment of the Senator from Texas [Mr. B a il e y ] , and on that
were prepared to proceed with the coal business w ithout seri question the Senator from T exas demands the yeas and navs
The yeas and nays were ordered, and the Secretary proceeded
ously affecting the coal-consuming public, to say nothing of
the hardships inflicted upon the thousands of coal miners en to call the roll.
Mr. CHAMBERLAIN (when his name w as called ), i am
gaged in the business of mining coal for a livelihood.
I shall not at this late hour undertake to discuss the consti paired w ith the junior Senator from Pennsylvania [Mr. O liver ]
tutional aspect of the amendment. I do not believe that the If he were present and I were permitted to vote, I should vote
courts would sustain it. We have the decision of the circuit “ yea.”
Mr. CLAY (when his name w as called ). I announce my
court of appeals, which adopted the view o f the Senator from
T exas as to the purpose and meaning of the original amend pair w ith the junior Senator from New York [Mr. R oot], but
ment. That court held the law to be unconstitutional. The I I transfer that pair to the senior Senator from Florida [Mr.
Supreme Court of the United States clearly indicated that it i T a l i a f e r r o ] and vote. I vote “ yea.”
XLV------452
CONGRESSIONAL RECORD—SENATE *
7218
_______________________________________________
Ar- t t v rrf'TTER (w hen Lis nam e w as c a lle d ). I am paired
r r tin' 'remainder o f the aftern oon w ith the S enator from
S in e [M ? f 5 £
^ w ere present I sh ould vote " y ea.”
.. .
v T (w hen his nam e w as c a lle d ). I am paired w ith
t h f S e n i o r S e n a to r from T e x a s [M r. C u l b e r so n ] . I tra n sfer
l i n t pair to the senior Senator fr o m P ennsylvania [M r. P en ‘ p.i ,,nfi vote. I vote “ nay.”
Mr F O S T E R (w hen his nam e w a s c a lle d ). I again announce
m r nnir w ith the senior Senator fro m N orth D ak ota [M r. M cf ' um ber 1 and State that i f he w ere present I should v ote “ yea.
O O R E (w hen his nam e w as c a lle d ). I am p aired w ith
" n r * H A IL E Y . Mr. P resident, I offer as a last, and as a
separate section o f the b ill the am endm ent w h ich I send to the
5
tlc* '
The
V IC F .P R E S ID E N T . T h e am endm ent w ill be stated.
secretary .
I t is p roposed to ad d the fo llow in g as a
nCrri,.uCCthpUflfth paragraph of the first section of the act approved
T L M l 1906 entitled “An act to amend an act entitled ‘An act to
d i l a t e commerce,’ approved February 4, 1887, and ail acts amendathereof and to enlarge the powers of the Interstate Commerce
rAmmission/’ be amended to read as fo llo w s :
C C m and after the 1st day of May, 1912, it shall 1)0 unlawful for
anv railroad company to transport from any State, Territory or the
ru strict of Columbia, to any other State, Territory, or the D istrict of
Columbia, or to any foreign country, any article or commodity manunrtured, mined, or produced by it, or under its authority, or by any
ornoratlon, joint stock company, or partnership in which said railroad
[Olds, owns, or controls, directly or indirectly, any stock or in ter e st ,
nd it shall also be unlawful from and after the 1st day of May, 191-,
or any railroad company to transport from any State, Territory, or
lu> District of Columbia, to any other State, Territory, or the D istrict
,f Columbia, or to any foreign country, any article or commodity which
t mav own. in whole or in part, or in which it may have any m teiest,
lirect or indirect, or which is owned in whole or in part by any col
oration, joint stock company, or partnership in which the said ranroaa
omnanv holds, owns, or controls any stock or in terest: P rovided, howver That any railroad company may transport any such articles or
ommodities as may he necessary and intended for its own use in con[ucting its business as a common carrier.
■ xui. ^ j u i n or so u th C arolina (w h en his nam e w a s c a lle d ).
V h a v e a p a ir w itli the ju n io r S enator from R h o d e Islan d [M r.
WEtmore]. I f he w ere present, I should vote “ y e a .”
Mr. W A R R E N (w h en his nam e w a s c a lle d ). I stand paired
w ith the senior S enator from M ississippi [M r. Money], and
th erefore w ith h old m y vote.
T he ro ll ca ll having been concluded, the result w as an
nounced— y eas 25, n a ys 31, a s f o l l o w s :
YEAS—25.
Bacon.
Bailey
Beveridge
Borab
Bourne
Bristow
Brown
Clapp
Clay
Crawford
Dixon
Dolliver
Frazier
Gamble
Brandegee
Bulkeley
Burnham
Burrows
Burton
Carter
Cullom
Curtis
Depew
Dick
du Pont
Elkins
F lint
Gallinger
C lark , W yo.
Crane
Aldrich
Bankhead
Bradley
Briggs
B u rk e tt
Chamberlain
Clarke, Ark.
Culberson
Cummins
So Mr.
Hughes
La Follette
Newlands
Overman
.-Q.wen
Paynter
Purcell
NAYS— 31.
Guggenheim
Hale
Heyburn
Jones
Lodge
Nelson
Nixon
Page
NOT VOTING— 36.
Lorimer
Daniel
Davis
McCumber
Dillingham
McEnery
Martin
Fletcher
Money
Foster
Oliver
Frye
Penrose
Gore
Percy
Johnston
Richardson
Kean
B a i l e y ’s
Rayner
Shively
Simmons
Stone
u n e
__
i
The S ecretary . Add to the end of section 9 the follow
paragraph:
From and after May 1, 1912, it shall be unlaw ful for anv Pn*i
company to transport from any State, Territory, or the D istil , 1,1
Columbia to any other State, Territory, or the D istrict of Coin, k
or to any foreign country, any article or commodity which it ow*
whole or in part, or in which it may have any interest, direct r i l!>
d irect; or which is owned in whole or in part by a corporate ,fl'
which it is the owner, legally or equitably, of the capital stock0" lo
majority thereof; or any article or commodity which, within th JA ,01* a
‘ ‘
"
.........................
‘
uch article or
iole or m part, or in which w ithin said period it had any In*/
ect or ind irect; or which w ithin said period was owned in whoi
im p art by a corporation in which it is at the time of presentation *or
transportation the owner legally or equitably of the capital stn/L r,’*‘
a m ajority th er e o f: Provided, T hat th is act shall not apply to « ° r
articles or commodities as may be necessary and intended for the*’" 11
of feaid railw ay company in the conduct of its business as a
carrier.
im<>a
Hr. CRAWFORD. Mr. President, I am not going to detr
tht Senate at this time to discuss the amendment. We ha ,
bee i here a long while, and the discussion has gone over a e<' *!
sid rafale period, but before the Senator from Illinois press,!'
his motion for an executive session I simply desire to say '*
woi L
‘* u
1 le amendment does not go as far as that presented by u.
Sen itor from Texas, in that it allows a railway company wi,i,.f
milled or manufactured an article in good faith to dispose ,!
it. fend if it has done so ninety days prior to the time it p
offered for shipment, the bun is removed from it. In other r !!
spirts it is similar to the amendment proposed by the SenatJ
fitun Texas in that it prohibits the transportation companion
f*»m being interested in other corporations engaged in' thj
asiness.
I simply make that statement in connection with the pr„
ienting of the amendment, so that it may be considered, aiui' r
will ask to have it token up to-morrow.
EXECUTIVE SESSION.
Mr. CULLOM. I renew m y m otion th a t th e Senate proceed
to the consideration of executive business.
The motion was agreed to, and the Senate proceeded to th»
consideration of executive business. After five minutes spent
in executive session the doors were reopened, and (at 5 o’clockand 50 minutes p. m.) the Senate adjourned until to-morrow
Thursday, June 2, 1910, at 11 o’clock a. m.
CONFIRMATIONS.
E x e c u tiv e n o m in a tio n s c o n firm e d b y th e S e n a te J u n e 1,
iq j q
S urveyor o r C u s t o m s .
Perkins
Piles
Scott
Smoot
Stephenson
Sutherland
Warner
Nelson H. Henry to be surveyor of customs in the district of
New York.
R
e c e iv e r o f
P
u b l ic
M on ey s.
Joshua G. Wood to be receiver of public moneys at Topeka
Kans.
P
ostm asters.
ARIZONA.
Root
Smith, Md.
Smith, Mich.
Smith, S. C.
Taliaferro
Taylor
Tillman
Warren
Wetmore
amendment was rejected.
Mr. E L K IN S. I m ove that w hen the Senate a d jo u rn s to-day
it be to meet at 1 1 o ’clock to-m orrow m orning.
The motion w as agreed to.
Mr. C R A W F O R D . I desire to offer an am endment.
The V IC E -P R E S ID E N T . T he Senator fro m S outh D akota
offers an amendment, w h ich w ill be stated.
Mr. CULLOM . I m ove that the Senate p roceed to the con
sideration o f executive business.
Tin- V IC E -P R E S ID E N T . T he S enator fro m South D akota
lms s u b m i t t e d an am endm ent w h ich has n ot yet been reported.
Tin* Secretary w ill report the am endm ent; and then w ill the
Senator f r o m South D akota yield to the Senator from Illin ois?
Mr. C R A W F O R D . Y e s; but I should like, first, to m ake a
brief statement.
The V IC E -P R E S ID E N T . T he am endm ent w ill be stated.
J
Albert L. Smith, at Prescott, Ariz.
INDIANA.
Charles C. Lyons, at Fairmount, Ind.
NEW YORK.
Alton C. Bates, at Springville, N. Y.
Henry C. Getter, at Middleburg. N. Y.
Robert A. Greenfield, at Mount Vernon, N. Y.
Francis H. Salt, at Niagara Falls, N. Y.
PENNSYLVANIA.
James C. Brown, at Bloomsburg, Pa.
Elmer E. Fleming, at Haverford, Pa.
William Harrison Moore, at South Fork, Pa.
TENNESSEE.
Asa H. Faulkner, at McMinnville, Tenn.
WASHINGTON.
W. F. McMahon, at Auburn, Wash.
W ISCONSIN.
Allan Beggs, at Hudson, Wis.
Nels Nelson, at Washburn, Wis.
1910.
C O iSG E E SSIO ^A L BECO BD — SE N A T E .
7247
tion bill,” which w as referred to the Committee on Interstate before the word “ thousand,” to strike out “ fifty-seven” and
Commerce.
insert sixty,” so a s to make the bill r e a d :
*
a
Mr. PAGE presented a petition of sundry citizens of Orleans,
“ 0 !■« i .
V t, praying that an appropriation be made for the extension of h e f .b j?
the work of the Office of Public Roads, Department of Agri
s
s
s
“
o
M
;
culture, which w as ordered to lie on the table.
or marble fo r lim estone, Includin g all ehanaes in r ilie n ? btlt lt u t ?. gra,niA0
Mr. DILLINGHAM presented a petition of sundry citizens tu tio n o f m aterial, and for th is purpose th e ifnur . f 0 / ^ 11 ?ubst£
bu ildin g h eretofore fixed, o f $ 1 ,3 0 0 ,0 0 0 e x clu siv e n f rn a f0Stf °w- “ 4?
of North Pomfret, Vt., praying that an appropriation be made hereby
increased to $1,400,000?
slv e o f c o st o f s ite > 13
for the extension of the work of the Office of Public Roads, De
The amendments were agreed to.
partment of Agriculture, which was ordered to lie on the table.
The bill w as reported to the Senate as amended, and the
REPOSTS OF COMMITTEES.
amendments were concurred in.
Ine
Mr. GAMBLE. I am directed by the Committee on Indian
, ^ e M l was ordered to be engrossed for a third reading read
Affairs, to whom w as referred the bill (S. 7814) to authorize the
third time, and passed.
eaa
the Secretary of the Interior to sell a portion of the unallotted
M I S S I S S I P P I BIVEB BEIDGE.
lands in the Cheyenne Indian Reservation, in South Dakota, to
the Milwaukee Land Company for town-site purposes, to report
Mr. CULLOM. I should like to call up the bill (H . R lS^SSl
it adversely. I move that the bill be postponed indefinitely, as to authorize the construction of a bridge across the Missisainnf
the H ouse bill, covering the same subject, has already been River between Moline, III., and Bettendorf, Iowa The bill h K
favorably reported by the committee.
been on the calendar for a good while, and I should like to have
it passed.
The motion w as agreed to.
Mr. CLARK of Wyoming, from the Committee on Public
The Secretary read the bill, and, there being no objection the
Lands, to whom w as referred the bill (H. R. 19268) to create an Senate, as in Committee of the Whole, proceeded to its Von
additional land district in the Territory of New Mexico, to be sideration.
known as the Fort Sumner land district, reported it without
The bill w as reported to the Senate w ithout amendment
amendment and submitted a report (No. 766) thereon.
ordered to a third reading, read the third time, and passed.
Mr. FLINT, from the Committee on Public Lands, to whom
COLUMBLV RIVER BRIDGE^ W A S H I J ? G T 0 \
was referred the bill (S. 7968) granting to the city o f Los
Mr. JO N E S. I should like to ask to have
Angeles certain rights of way in, over, and through certain
public lands and national forests in the State of California, re for the present consideration of the bill (S S.Tif; A U’f»COr^ U<:
ported it without amendment and submitted a report (No. 767) the construction o f a bridge across the Columbia R iW * w 1Z1DS
the counties of Grant and K ittitas, in the State nf w .
thereon.
Mr. OWEN, from the Committee on Indian Affairs, to whom \ The Secretary read the bill, and, there being
lenate, as in Committee of the Whole, proceeded tr> 't ’ the
was referred the bill (S. 6823) conferring jurisdiction on the
to lts con*
Court of Claims to hear, determine, and render judgment in lideration.
The bill w as reported from the Committee on Commeree
claim s of the Pawnee tribe of Indians against the United States,
reported it w ithout amendment and submitted a report (No amendments, on page 1, line 4, after the word “ it ”
out “ its successors or a s s ig n s ;” in line 8, before n L r lkf
768) thereon.
Mr. WARREN, from the Committee on Military Affairs, to “ point,” to strike out “ so m e” and insert “ a - ” and
whom w as referred the amendment submitted by Mr. McCtjm- word “ point,” to insert “ suitable to the interests
tion,” so as to make the bill r ea d :
f naviga
be k on April 12, 1910, proposing to appropriate $150,000 for
t e i t enacted, etc., That the Northern Pacific Railwnv r w
filling in camp site at Queen Emma Point, Honolulu, Hawaii,
railway corporation controlled by It, ia herebv «nthr , 5 m,pany- or
for camping purposes, etc., intended to be proposed to the sun any
struct, maintain, and operate a bridge and nr>i>roinho« th 0<J to condry civil appropriation bill, reported favorably thereon and the Columbia River between the counties o f OrTnt and
? cross
moved that it be printed and, w ith the accompanying papers, State o f Washington, at a point, suitable to the iuterX « nr lt8S’- in the
in
section
20,
township
17
north,
range
23
east
navisation,
referred to the Committee on Appropriations, which was provisions o f an act o f Congress entitled “ An act to r w S ^ ?th the
agreed to.
struction o f bridges over navigable waters,” approved \
^ con Rrc. 2. That the right to alter, amend, or repeal thlx ^ P , ’ 1,!>06H e also, from the same committee, to whom were referred
expressly reserved.
p
tnis act is hereby
the follow ing bills, reported them each without amendment and
The amendments were agreed to.
submitted reports thereon:
A bill (H . R. 18357) for the relief of M atthew McCarthy
The bill w as reported to the Senate as amended on*
amendments were concurred in.
ea an<^ the
(Report No. 770) ; and
The bill w as ordered to be engrossed for a third
A bill (H . R. 3348) for the relief of James McKenzie (Report
the
third
time,
and
passed.
r
d
reading,
read
No. 771).
Mr. HALE. I ask now for the regular order
H e also, from the same committee, to whom w as referred the
bill (H . R. 23388) for the relief of Demon S. Decker, reported
The VICE-PRESIDENT. The regular o r d e r to
it w ith an amendment and submitted a report (No. 769) thereon. committees. Are there any further reports of c o m m itS J ? 8 ° f
COMPARISON OF TAEIFF ACTS.
BILLS INTRODUCED.
Mr. SMOOT, from the Committee on Printing, to whom was
B ills were Introduced, read the first tim e and k„
referred the House concurrent resolution 39, reported it w ith consent, the second time, and referred as follow s • * unammous
out amendment, and it was considered by unanimous consent
By Mr. BURROWS :
S’
and agreed to, as follow s:
A bill (S. 8495) granting an increcse of pension to
House concurrent resolution 39.
E. Taylor (with an accompanying paper) ;
Stephen
Resolved by the House of R epresentatives ( the Senate concurring).
A bill (S. 8496) granting an Increase of pension to Benin m in
That there be printed and bound 1 0 ,0 0 0 copies o f a compilation entitled F. Johnston (w ith an accompanying paper) •
enjarmu
‘ Comparison o f the tariff acts o f July 24, 1897, and o f August 5, 1909,
A biU (S. 8497) granting an increase of j^nsion to Freeborn
showing the rates o f duty, respectively, in parallel columns,” as pre
pared by W illiam W. Evans, a clerk o f the Committee on Ways and II. Price (w ith an accompanying paper) •
rwoorn
Means, and authorized by said committee to be printed. 7,500 copies
A bill (S. 8498) granting an increase o f pension to Iorin m
for the use o f the House and 2,500 copies for the use o f the Senate.
Richardson (w ith an accompanying paper) •
^orin T.
PUBLIC BUILDING AT NEW OBLEANS.
A bill (S. 8499) granting an increase of pension +n -r~v.
Mr. GAMBLE. On behalf of the junior Senator from W est Walker (w ith an accompanying p a p e r ); and
t0 d0bu
Virginia [Mr. S c o t t ] , I report back from the Committee on
A bill (S. 8500) granting an increase of pension tn
,
Public Buildings and Grounds, with amendments, the bill (S. Pettys (w ith an accompanying paper) ; to the C o m m itte on
3928) increasing the lim it of cost of the construction of the Pensions.
LLee 011
court-house and post-office building at New Orleans, and I sub
By Mr. PER C Y :
m it a report (No. 765) thereon. I call the attention of the
A bill (S. S501) for the relief of the heirs or estate of Toni*
senior Senator from Louisiana [Mr. F o s t e b ] to the bill.
Summers, deceased (w ith an accompanying paper) • to t o
Mr. FOSTER. As this is a local measure, I ask unanimous Committee on Claims.
' ’ ’
L^
consent for its immediate consideration.
By Mr. M ONEY:
Mr. HALE. Let it be read.
A bill (S. 8502) for the relief of Jam es W. Person and Iso
The VICE-PRESIDENT. The Secretary w ill read the bill.
bella Jr. Person; to tlie Committee on Claims
The Secretary read the bill, and, there being no objection,
By Mr. TAYLOR:
Ihe Senate, as in Committee of the Whole, proceeded to its
A
bill (S. 8503) to prevent trusts or combinations intended
consideration.
to restrain trade or commerce or to control the market value
u The amendments were, on' page 1, line 7, after the word
of merchandise, produce, or com m odities; to the Committee on
granite,” to insert the words “ or m arble; ” and in line 12, Interstate Commerce.
CONGRESSIONAL RECORD—SENATE.
7248
AM EN DM EN T to SUNDRY CIVIL APPROPRIATION BILL.
hmiited an amendment proposing to increase
Mr. FOSTfc.lt submitted Jonstructlon of the court-house and
the appropriation ior i
0rleanSj La„ by substituting granite
post-ottice building flt t]ie construction, from $1,300,000 to
or marble for hxiieMo' , pr0p0sed by him to the sundry civil
*1.400,0001 1“te,n,‘ f d ‘h.cn 5
—
to the Committee on
J S S S S K . ' S l - W ' * - h eptintea.
WITHDRAWALS of pu b l ic l a n d s .
submitted an amendment intended to
Mr. G U G G E M jH to the b.n (IL R . 24070) to authorize the
be proposed, l y
-ted states to make withdrawals of public
laifd^hiVertain cases, which was ordered to lie on the table
and be printed,
H EIRS OF DECEASED IN D IA N S .
^
NT submitted an amendment intended to be proposed
(
, . f ' fhP hill (H. R. 24992) to provide for determining the
by hnn to th a^ d I'rldiang) for ^ disposition and sale of allotbe rtc Of deceased Indians, for the leasing of allotments, and for/
S h e purposes, which was referred to the Committee on I n d ia /
Affairs and ordered to be printed.
-----MERIDIAN H ILL PARK.
"7m motion of Mr. S moot, it was
-
,
7 T in ! the map accompanying Senate Report No. 725, SixtyOrdered, T„ha,J o n d session, on the hill (S. 7725) to acquire certain
i first Congress. a| ^ “2 ’s subdivision of Meridian Hill, in the District of
jaiid *Sla
a park, be printed in connection with said report.
^ olu m
a,
ADVANCE IN FREIGHT RATES. .
m
VICE-PRESIDENT. The morning business is closed,
rrni c in ir lavs before the Senate resolution No. 249, coming over
TIie A, nrevious day. It will be stated.
fl T h e S ecretary . Senate resolution No. 249, by Mr. L a F olttT directing the Attorney-General to institute actions against
th e railroads, enjoining them from advancing rates contrary
t0 Tim’VICE-PRESIDENT. No action is suggested upon the
rendition It will lie on the table, without objection, until the
Senator from Wisconsin is present. The morning business is
p e n s io n s a n d in c r e a se of p e n s io n s .
Mr SMOOT. I submit a conference report. I will state
thnt the^House recedes from its amendment changing the rate
3 npn«ion granted to Elizabeth Ann Howard from $100, as
provided in the bill passed by the Senate, to $30, and they
agree to the Senate provision of $100.
The report was read, as follows:
committee of conference on the disagreeing votes of the
two H o u s t on the amendments of the House to the bill (S.
^ranting pensions and increase of pensions to certain
soldiers* and sailors of the Regular Army and Navy, and
wars other than the civil war, and certain widows and denendent relatives of such soldiers and sailors, having met, after
fn and free conference have agreed to recommend and do
recommend to their respective Houses as follow s:
That the House recede from its amendment, on page 3, strik
ing out itoe 5 down to and including line 8.
That the House recede from its amendment, on page 3, sti ik
ing out line 13 down to and including line 16.
That the House recede from its amendment, on page 5, strik
ing out line 11 down to and including line 14.
That the Senate recede from its disagreement to the amend
ment of the House, on page 1, striking out line 6 down to and
including line 2 , on page 2 ; and agree to the same.
That the Senate recede from its disagreement to the amend
ment of the House, on page 2, striking out line 18 down to and
including line 21, on page 2; and agree to the same.
That the Senate recede from its disagreement to the amend
ment of the House, on page 3, striking out line 21 down to and
including line 24; and agree to the same.
The conferees of the two Houses are unable to agree to the
amendment of the House, on page 2, l in e 11, striking out ‘‘ one
hundred” and inserting in lieu thereof the word “ thirty,” the
case of Elizabeth Ann Howard.
R eed S moot,
S. H . P il e s ,
C h arles J. H u g h e s , Jr.,
M a n a g ers on th e p a r t o f th e S en a te .
H. C. L oudenslager ,
W m . H. D raper ,
W il l ia m R ic ha rdson ,
M a n a g e rs on th e p a r t o f th e H ouse.
The report was agreed to.
J une 2
house joint resolution referred.
H. J. Res. 221. Joint resolution making appropriation to sup
ply a deficiency in appropriation for contingent expenses of the
House of Representatives, was read twice by its title and re
ferred to the Committee on Appropriations.
COURT OF COMMERCE, ETC.
Mr. ELKINS. I move that the Senate proceed to the con
sideration of Senate bill 6737, the unfinished business.
The motion was agreed to; and the Senate, as in Committee
of the Whole, resumed the consideration of the bill (S. 0737)
to create a court of commerce and to amend the act entitled
“An act to regulate commerce,” approved February 4, 1887,
as heretofore amended, and for other purposes.
The VICE-PRESIDENT. The pending question is on agree
ing to the amendment proposed by the Senator from South
Dakota [Mr. Crawford].
Mr CRAWFORD. I ask leave to perfect the amendment
which I offered last evening, by striking out, in line 9, the words
“ a m ajority” and inserting “ any p a r t” in lieu thereof; aud
on page 2, 'in line 6, by striking out the words “ a majority »
and inserting “ any part,” so that the prohibition will run
against corporations in which the railway company is the owner
legally or equitably of the capital stock or any part thereof,
instead of as it read, “ the capital stock or a majority thereof.”
The VICE-PRESIDENT. The modification w ill be made as
suggested by the Senator from South Dakota.
Mr. CRAWFORD. Mr. President, a very interesting debate
occurred yesterday with reference to the effect of the decision
of the Supreme Court in the Commodities case, and it is entirely
unnecessary for me in any way to travel over that ground.
The grave constitutional question that was suggested then the
Senator from Texas [Mr. B ailey ] purposely intended to g0
squarely up against and have presented to the Supreme Court
in a second case. I have not attempted to do that, but I have
attempted to so frame the amendment that it vvould cover to
the fullest extent the ground the Supreme Court, in its decision,
recognized as being beyond question. My amendment is drawn
with that in view.
I think the Senator from Kansas [Mr. B ristow] desires to
suggest a change in my amendment, and before the question ia
finally put I should like to give him the opportunity to do so.
Mr. SUTHERLAND. Mr. President, I wish to ask the Sen
ator from South Dakota a question about his proposed amend
ment. On page 2, beginning in line 3, the language i s :
Or which w ithin said period was owned in whole or in part by a
corporation in which it is at the time of presentation for transporta
tion the owner legally or equitably of the capital stock or any part
thereof.
I f I understand the amendment, it means that if a corpora
tion in which the railroad company is not in any manner inter
ested has during the period of ninety days mined coal and sold
it to an innocent purchaser, and thereafter—after the title to
the coal has been parted with, after the coal has passed into the
hands of an innocent purchaser—the railroad company becomes
interested in the corporation, and the innocent purchaser having
acquired it from the corporation at the time the railroad com
pany was not in any manner interested in it tenders it for ship
ment, this proposed amendment would forbid it from being
shipped. Am I correct about that?
Mr. CRAWFORD. I think it is broad enough to go to that
extent. The idea is to make it so complete that it will enforce
a dissociation of the business of the common carrier from that
of being a dealer or an owner in the commodities which it trans
ports.
Mr. SUTHERLAND. Yes; but let me again call the Sena
tor’s attention to the language, and analyze it for a moment.
H is amendment forbids the shipment of a commodity—
Which within said period—
Of ninety days—
was owned in whole or In part by a corporation in which it is at the
time of presentation for transportation the owner legally or equitably—
And so on.
That is, the Senator’s amendment prevents the shipment if
at the time of tender for transportation the railroad company
is an owner in the corporation which lias owned the commodity
or extracted it during that period of ninety days.
Mr. CRAWFORD. I think that particular clause goes that
far.
Mr. SUTHERLAND. Does the Senator think it ought to
apply to a case of that kind? Let me put it again.
Mr. CRAWFORD. I understand the proposition which the
Senator from Utah makes. That one sentence is drastic. In
some cases it might work a hardship, but I doubt if you can
make this statute effective unless it is a stringent statute.
1910.
COX G RESSIO N A L RECORD— SE X A T E .
7257
M r. B R O W N . I d e s ir e to in q u ir e o f th e S e n a to r i f th e
M r. P E R C Y (w h e n h is n a m e w a s c a l l e d ) . I a m p a ir e d w it h
p e o p le o f th e S ta te o f I d a h o h a v e e v e r h a d a n y e x p e r ie n c e in
th e ju n io r S e n a to r fr o m K e n t u c k y [M r . B r a d l e y ] . i f h e w e r e
s u ffe r in g th e p e n a lt ie s o f a n in ju n c t io n b r o u g h t in th e fe d e r a l p re s e n t, I sh o u ld v o te “ n a y .”
J
w cre
c o u r t s th e e ffe c t o f w h ic h w a s to n u llify a s ta tu te o f th e S ta te .
h i s , n a “ e wa£ c a l l e d ) . I h a v e a g e n e r a l
H a s t h a t e v e r h a p p e n e d in th e S ta te o f I d a h o ?
M r. H E Y B U R N . I d o n o t th in k t h e r e is a n y p h a s e o f th is
c la s s o f lit ig a t io n w h ic h h a s n o t r e p e a te d ly a r is e n in th e S ta te
o f Id a h o.
M r. B R O W N . I d a h o h a s h a d th e e x p e r ie n c e o f h a v in g h e r
s t a t u t e s a s s a ile d in th e fe d e r a l c o u r t s b y in ju n c t io n ?
M r. H E Y B U R N . T h e sta tu te s o f I d a h o h a v e been a s s a ile d
in th e fe d e r a l c o u r t s in I d a h o m a n y tim es.
M r. B R O W N . I w a n t to k n o w o f th e S e n a to r i f h is S ta te
proposed to in sert th e fo llo w in g :
h a s e v e r d e fe n d e d in th e fe d e r a l c o u r t s in a p r o c e e d in g w h e r e
it w a s s o u g h t b y in ju n c t io n t o se t a s id e a sta te sta tu te.
f t S ' ^ a s 1 amended, t h e r e b y 0 amended6 by° a ^ d in ? t & t ™ 6 Fe,)™ arv 4,
M r. H E Y B U R N . T h e S ta te h a s d e fe n d e d in c a s e s th e t itle s f t0<be known as section 19a, and to read a s f n i i n ^ eto a new section
bEC. 19a. T h a t no Interlocu tory inju n ction m V ^ nA i
o f w h ic h I c o u ld g iv e to th e S e n a to r, e x c e p t th a t it is n o t v e r y t
th e enforcem ent, operation, or execution o f n l lt i V !P g or r estr a in in g
w is e t o d r a g in d iv id u a l c a s e s in t o t h is b o d y , w h e re in th e c o n
' restrain in g the action o f any officer o f V c h S ta te
o f a S ta te by
s t it u t io n a lit y o f t h e a c t o f th e le g is la t u r e h a s b een c a lle d in to
m execution o f such sta tu te sh a ll be Issued or aranter^if e n f°r cem en t
q u e s tio n in d ir e c t p r o c e e d in g s c o m m e n c e d in th e s u p r e m e c o u r t
, o f th e suprem e court, or by any cir cu it cou rt o f th e
i ’,stic e
■ or by any judge th ereof, or by any d istr ic t
n„f .
L ted S ta te s,
o f th e S ta te , a s u n d e r o u r p ro c e d u r e , a n d h a v e b een d e fe n d e d
•
upon
the
ground
of
the
unc
6 nstitutlonaiitv 0df
?
s
circuit
juuge,
o r o t h e r w is e b y th e a t to r n e y -g e n e r a l o f th e state. I h a v e been
application for the same shall be presented to^i p,=H^tatu*t<A unless the
c o u n s e l in s u c h ca se s, b u t I d o n o t c a r e to m a k e th is a p e rs o n a l
Court of the United States, or to a circuit im lw nSA Ce o f the Supreme
acting as Circuit Judge, and shall be heard ifnu °L f t0 a . S t r i c t judge
m a tte r .
judges, o f whom at least one shall be a u q t f f n ^ /, mcined ’ w three
M r. B R O W N . T h a t w a s a s u it b r o u g h t in th e sta te c o u r t s ?
o f the United States or a circuit judge nnd the S S Supreme Court
either circuit or district judges and unless ,1 ™ t 0t.her two may be
M r. H E Y 'B U R N . B r o u g h t in th e su p re m e c o u r t o f th e S ta te.
judges shall concur In granting such application*
° f Said three
M r. B R O W N . E x a c t ly .
T h e p e o p le o f I d a h o a r e v e r y
phention
as aforesaid is presented to a‘ justice o f
Sever such «Pfo r t u n a t e a n d v e r y w e ll sa tisfie d , I su p p o se , t o h a v e th e la w s
o f the United States, or to a judge he s h ni i i ™ t?.e Supreme Court
o f th e S ta te in t e r p r e t e d o r ig in a lly b y its o w n c o u r t, n a m e ly ,
assistance to hear and determine the ap U c a t f o i? ^ ate1^, c a l1 to Ms
P ro n d a l, however, That one o f such throe Judaea * X !ii 0 tK er i udses :
th e s u p r e m e c o u r t o f th e sta te , a s s u g g e ste d b y th e S e n a to r in
o
f the Supreme Court o f the United States or f
i K a justice
t h e c a s e h e r e fe r s to.
application shall not be heard or determined before ^ 4 jl*dF Said
notice o f the hearing lias been given to the govern nr
,least five days’
W i l l th e S e n a to r p e r m it m e ro s u g g e s t th a t it is a v e r y s e r io u s
general
of
the
State,
and
to
such
other
persons
1
no
and
to;
the
attorneym a tt e r to th e p e o p le o f a S ta te , w h o , f o llo w in g c o n s t itu tio n a l
in the su it: Provided, That if of op ini onPtha tirrenn^nYi
defendants
p r o c e d u r e a n d lin e s, e n a c t le g is la t io n w h ic h a ffe c ts a ll th e
age would result to the complainant unless n t S b e loss or damorder Is granted, any justice o f the Supreme Court o f
.^ t r a in in g
p e o p le o f th e S ta te to h a v e a la w se t a s id e b y a n o n r e s id e n t
or any circuit or district judge, may grant such te,non,® United s fates,
a p p e a r in g in th e fe d e r a l c o u r t o n a w r it o f in ju n c t io n , a n d h o ld
order at any time before such hearing and det.'rmin ,Ii?
'y . lestl'alning
in g th e S ta te a n d t h e p e o p le o f th e S ta te u p in th e a ir in d e fi
cation for an interlocutory Injunction, but such temnnr 11 o f tlle aPpbn it e ly ?
order shall only remain In force until the hearing
restraining
the application for an interlocutory i i i u n c t i o . m . n n ^'term ination
M r. H E Y B U R N . M r. P re s id e n t, th e s e o r d e r s a r e n o t m a d e
said. The hearing upon such application for an
™ n,otic® as aforeon th e r e s p o n s ib ilit y o f t h e n o n r e s id e n t litig a n t a t a ll. T h e
8 hall be given precedence and shall be in e Ve rv wav e vne’ m 1 Rb' net ion
c o u r t s h o ld th e b a la n c e a s t r u e b e tw e e n n o n r e s id e n ts a n d r e s i
assigned for a hearing at the earliest practical d a v f f w P*. ed and be
o
f the net Ice hereinbefore provided f o r A n M
i r *5e e v ir a t io n
d en ts.
directly to the Supreme Court of the United s S
f™ y .5® taken
M r. B R O W N . T h a t is tru e , b u t th e ju r is d ic t io n o f th ese
granting or denying, after notice and hearing a n in p U f™ “ 2 thft, order
tion in such case: and the hearing o f such appeals sb?,n
P tory ,n.funcc a se s is o b t a in e d b y r e a s o n o f th e f a c t th a t th e c o m p la in a n t o r
th e p la in t iff in th e s u it is a n o n r e s id e n t. T h a t is a m a tte r o f
aI el ? .U other cases exeept those
u simi 1a r' charaeter *atid "crfmlna 1
cases.
fa c t .
nay
T b e r e su lt w a s a n n o u n c e d — y e a s 28, n a y s 31, a s f o llo w s :
M r. H E Y ’ B U R N . O n ly so m e tim e s.
M r. B R O W N . J u s t a m o m e n t. A s a m a tte r o f fa c t , th e
Y E A S— 28.
s u it a m o u n ts to a s u it a g a in s t th e S ta te , b e c a u s e it is to set Brandegee
Crnne
F lin t
T age
Cullom
F rye
a s id e th e a c t io n o f th e S t a t e ; th e sta te sta tu te . I t h a s seem ed Briggs
I'erkins
C
urtis
B
ulkeley
G
allin ger
to m e th a t th e c o u r t s fin a lly w ill h o ld t h a t it is in e ffe ct, a n d
S c o tt
I)epew
B urnham
H eyburn
Sm oot
in fa c t , a n a c t io n a g a in s t th e S ta te , a n d t h e r e fo r e d o e s n o t lie Burrow s
D ick
Ix>dge
Step
h en son
du I’ont
u n d e r th e e le v e n th a m e n d m e n t o f th e C o n s titu tio n , b u t u p to Carter
N elson
S u th erlan d
E lkin s
N ixon
th e p r e s e n t tim e th e c o u r ts , b y a m a jo r it y o f o p in io n , h a v e h eld Clark, Wyo.
W arren
N A Y S— 31.
th e c o n t r a r y .
Clapp
Gore
M r. H E Y B U R N . T h e f a c t is, th a t it is a lw a y s th e in te r e s t B ailey
P u rcell
C
lay
Beveridge
J o h n sto n
o f a n in d iv id u a l c la im in g u n d e r th e p r o t e c tio n o f h is S ta te th e
R ayn er
Crawford
Jones
Borah
S h iv ely
n et o f th e le g is la t u r e a u th o r iz in g th e is s u a n c e o f b o n d s th a t Bourne
D ixon
La Follette
Sim
m ons
D olliver
a r e s o ld o u t s id e o f th e S t a t e ; a n d , o f co u r se , th e n o n r e sid e n t B ristow
M artin
S m ith , S. C.
F
letch
er
Brow
n
M oney
P a r ty c o m e s in to t e s t th e v a lid it y o f it. T h e s e c a s e s a r e o f
S
ton
e
F razier
B urton
<Overman
W arner
s u c h fr e q u e n t o c c u r r e n c e th a t it w o u ld b e u se le ss to s ta n d h e re Cham berlain
Gamble
P iles
to e n u m e r a te th e m . I th in k th a t o n e o f th e p r im a r y o b je c t s
NOT VOTING— 33.
o f th e e s ta b lis h m e n t o f U n ite d S ta te s c o u r ts w a s th a t th e y
D avis
M cEnerv
A ldrich
Sm ith, Md.
m ig h t p a ss u p o n th e a c t s o f th e S ta te . I th in k th a t is o n e o f Bacon
D illin gh am
N ew lands
Sm ith, Mich.
F oster
th e p r im a r y o b je c t s , b e c a u s e th e ju r is d ic t io n o f th e S u p re m e B ankhead
O liver
T aliaferro
G
uggenheim
Owen
C o u r t o f th e U n ite d S ta te s s p e c ific a lly r e s ts u p o n th e r ig h t o f B radley
T aylor
H ale
rilVHlbr
B u rk ett
T illm an
th e S ta te , th e v io la t io n o f th e la w o f th e S ta te.
H ughes
Clarke, Ark.
P enrose
W etm ore
M r. S U T H E R L A N D . M r. P re s id e n t, th is e n tir e d is c u s s io n to C ulberson
Kean
P ercy
Lorlm er
R ichardson
m y m in d h a s illu s t r a t e d th e u n w is d o m o f o u r a tte m p tin g to Cum m ins
McCumber
R oot
d e a l w it h a n a m e n d m e n t o f th is g e n e r a l a p p lic a t io n u p o n a b ill D aniel
S o th e S en a te r e fu s e d to la y M r. O v e r m a n ’s a m e n d m e n t tn
o f t h is c h a r a c t e r . I t h e r e fo r e m o v e t h a t th e su b s titu te o ffe r e d
th e a m e n d m e n t on th e ta b le.
h y th e S e n a to r fr o m N o r th C a r o lin a b e la id o n th e ta b le .
T h e V I C E -P R E S I D E N T . T h e q u e s tio n is on a g r e e in g t o th e
M r. O V E R M A N . O n th a t I c a ll f o r th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e r e o r d e r e d , a n d th e S e c r e t a r y p r o a m e n d m e n t o ffe r e d b y th e S e n a to r fr o m N o r th C a r o lin a rM iO v e r m a n ] to th e a m e n d m e n t o ffe r e d b y th e S e n a to r fr o m S o u th
c e e d e d to c a ll th e r o il.
[P u t t in g th e q u e s tio n .]
T he" noes
M r. C L A Y (w h e n h is n a m e w a s c a l l e d ) . I am p a ir e d w ith D a k o t a IM r. C r a w f o r d ] .
th e ju n i o r S e n a to r fr o m N e w Y o r k [M r . R oot ] . I f h e w e r e a p p e a r to h a v e it.
M r. O V E R M A N . I c a ll f o r th e y e a s a n d n a y s.
p re s e n t, I s h o u ld v o te “ n a y .”
T h e y e a s a n d u a y s w e r e o r d e r e d , a n d th e S e c r e t a r y p r o c e e d e d
M r. F L I N T (w h e n h is n a m e w a s c a l l e d ) . I h a v e a g e n e r a l
P a ir w it h th e se n io r S e n a to r fr o m T e x a s [M r . C u l b e r s o n ] , I to c a ll th e r o ll.
M r. C H A M B E R L A I N (w h e n h is n a m e w a s c a l l e d ) . I a m
t r a n s fe r t h a t p a ir t o th e se n io r S e n a to r fr o m P e n n s y lv a n ia
p a ir e d w it h th e ju n io r S e n a to r fr o m P e n n s y lv a n ia [M r . O l i v e r ] .
[M r . P e n r o s e ] , a n d v o te “ y e a .”
M r. J O H N S T O N (w h e n h is n a m e w a s c a l l e d ) . I h a v e a g e n I t r a n s fe r th a t p a ir to th e ju n io r S e n a to r fr o m I o w a [M r .
e r a l p a ir w ith th e ju n i o r S e n a to r fr o m M ich ig a n [M r. S m it h ], C u m m i n s ] . I v o te “ y e a .”
M r. C L A Y (w h e n h is n a m e w a s c a l l e d ) . I a g a in a n n o u n c e
w h ic h I t r a n s fe r ito m y c o lle a g u e [M r . B a n k h e a d ]. I v o te
n a y .”
m y p a ir w it h th e ju n io r S e n a to r fr o m N e w Y o r k [M r . R o o t ]
C O N G R E SSIO N A L R E C O R D — S E N A T E .
7258
imtl the transfer e t that pair to the senior Senator from Florida
1 ' l l , . ' i' I t' i' i l NGt i v * l '° w l i e n " h i a n a m e w a s c a l l e d ) .
I a g a in
a r m i m ^ e m f p o " wHh' th e s e n io r S e n a t o r fr o m S o u t h C a r o -
Mr. JO H N ST O N (w h en h is 'n a m e w a s c a lle d ).
J une 2.
I announce
m y g en eral p air w ith th e ju n ior S en ator from M ichigan [Mr
S m i t h ] , w h ich I tr a n sfe r to m y co llea g u e [M r. B a n k h e a d ] and
vote. I v o te “ y e a .”
Mr. P E R C Y (w h en h is n am e w a s c a lle d ). I h a v e a pair w ith
“ "A 1
[V L W w ben h is n a m e w a s c a l l e d ) . I a m p a ir e d w it h th e ju n io r Senator from K en tu ck y [M r. B r a d l e y ] . I tran sfer
M r. r A m
'
fm m T e x a s [M r . C u l b e r s o n ] , I t r a n s fe r t h a t p air to th e sen ior Sen ator from V irgin ia [M r. D a n i e l ]
S ‘° ; „ ^ r ' s » i o r mSeiaetor A-om P e n n sy lv a n ia [M r. P e n - an d vote. I vote “ y e a .”
Mr. P A Y N T E R (w h en h is nam e w a s c a lle d ). I h ave a gen
R0\f r ' FOSTER* (w h en h is nam e w a s c a lle d ). I a g a in a n eral p air w ith th e sen ior Sen ator from Colorado [M r. G u g g e n
n o u n c e my pair. I f I w ere a t lib erty to vote, I w ou ld vote h e i m ] . I tr a n sfe r th a t p air to th e Sen ator from O klahom a
[M r. O w e n ] an d vote. I v o te “ y e a .”
Mr. R A Y N E R (w h en h is n am e w a s c a lle d ). I am paired
"Mr’ JO H N STO N (w h en h is n am e w a s c a lle d ). I h a v e a
fu n eral pair with, th e ju n io r S en ator from M ichigan [Mr. w ith th e ju n ior Sen ator from D e la w a re [M r. R ic h a r d s o n ] , i f
h e w ere present, I sh ould v o te “ y e a .”
S m i t h ] w h ich I tra n sfer to m y colleagu e [M r. B a n k h e a d ], and
Mr. SM IT H o f Sou th C arolina (w h en h is n am e w a s c a lle d ).
T vote “ y ea .”
Mr P ER C Y (w h en h is nam e w a s c a lle d ). I a g a in ann oun ce I h a v e a pair w ith th e ju n io r Sen ator from R h ode Isla n d [Mr!
W e t m o r e ] . I f he w ere present, I sh ou ld v o te “ y e a .”
iuv nair " I f p erm itted to vote, I w ou ld vote “ y e a .”
Mr SCOTT (w h en h is nam e w a s c a lle d ). I m ake th e sam e
Mr. TA Y LO R (w h en h is n am e w a s c a lle d ). I am paired
w ith th e sen ior Senator from N ew J ersey [M r. K e a n ] .
announcem ent a s to th e tr a n sfe r o f m y p air, and v o te “ n a y .”
T h e roll c a ll w a s concluded.
Mr SM IT H o f Sou th C arolin a (w h en h is n am e w a s e a lle d ).
Mr. BAC O N (a fte r h a v in g voted in th e a ffirm ative). I am
I a "Tin ann oun ce m y pair w ith th e S en ator from R h ode Isla n d
[M r W e t m o k e ] . W ere h e present, I sh ou ld v o te “ y e a .”
inform ed th a t th e Sen ator from M aine [Mr. H a l e ] , w ith whom
L Mr TAY LO R (w h en h is nam e w a s c a lle d ). I ann oun ce m y I h ave a pair, h a s not voted. I w ill, th erefore, w ith d ra w my
vote.
pair w ith th e senior Sen ator from N e w J e rsey [M r. K e a n ] .
Mr. BA C O N su b seq u en tly sa id : B e in g inform ed th a t th e
1 *T h e roll call w a s concluded.
Mr P A Y N T E R (a fte r h avin g voted in t h e a f fir m a t iv e ). H a s ju n ior S en ator from T e x a s [Mr. B a i l e y ] h a s n ot voted, I tr a n s
cpniior S e n a to r from C olorado [M r. G u g g e n h e i m ] v o t e d ?
fe r th e pair w h ich I have- w ith th e Senator from M aine [Mr.
1 T h e V I C E - P R E S I D E N T . H e h a s n o t v o te d .
I I a l e ] to th e Senator from T ex a s, and sh a ll perm it m y v o te to
Mr P A Y N T E R . In v ie w o f th e fa c t th a t I h a v e a general stand.
Mr. P A Y N T E R (a fte r h a v in g voted in th e a ffirm a tiv e). In
in k - w ith th a t Senator, I w ill w ith d ra w m y vote.
1 Mr BAC O N (a fte r h a v in g voted in th e a ffirm a tiv e). I ob view o f th e fa c t th a t th e Senator from O klahom a [Mr. O w e n ]
s e r v e th a t th e senior Sen ator from M aine [M r. H ai .e ] h a s n ot h a s ap p eared and voted, I w ith d ra w m y v o te and sta n d paired
w ith th e sen ior Senator from Colorado [Mr. G u g g e n h e i m ] .
voted and a s I h a v e a pair w ith him , I w ith d ra w m y vote.
M r’ P A Y N T E R . I w ill tr a n sfe r m y pair to th e Sen ator from
T h e resu lt w a s ann oun ced— y e a s 33, n a y s 28, a s fo llo w s:
YEA S— 33.
O klahom a [M r. O w e n ] , a n d v o t e “ y e a ”
Johnston
Piles
Mr R A Y N E R . I ann oun ce th e tr a n sfe r o f m y pair w ith th e Bacon
Clay
Purcell
C raw ford
Jones
jun ior Senator frm D e la w a re [M r. R ic h ar d so n ] to th e senior Beveridge
I >txon
La Follette
Shively
Borah
Senator from V irgin ia [M r D a n ie l ], and I v o te “ yen.”
M artin
.
D oiliver
Simmons
Bourne
Money
Fletcher
Stone
k T he resu lt w a s ann oun ced— y e a s 33, n a y s 28 , a s f o llo w s :
Bristow
Frazier
Newlands
Warner
Brown
Overman
Gamble
Burton
Johnston
Purcell
Owen
Gore
Chamberlain
Jones
Rayner
Percy
Hughes
Clapp
La Follette
Shively
M artin
Stmmona
NAYS— 28.
Money
Stone
Bristow
Page
F lint
Crane
Brandegee
Newlands
W arner
B row n
Frye
Cullorn
Perkins
Briggs
Overman
B urton
Scott
Gallinger
Curtis
Bulkeley
Paynter
Chamberlain
Smoot
Heyburn
Depevv
Burnham
Piles
Lodge
Stephenson
Clapp
Dick
Burrows
NAYS— 28.
Nelson
Sutherland
du Pont
Carter
F lint
Page
Warren
Elkina
Nixon
Crane
Clark, Wyo.
Itrandegee
Frye
Perkins
Cullorn
B rig g s
Gallinger
Scott
NOT
VOTING—
31.
C urtis
Bulfceley
Heyburn
Smoot
D epew
Smith, Md.
McCumber
Daniel
A ldrich
B urnham
Lodge
Stephenson
Dick
McEnery
Smith, Mich.
Davis
Bailey
B u rrow s
Nelson
Sutherland
du F o n t
O liver
Smith, S. C.
D illin g h a m
Bankhead
C arter
Nixon
W arren
E lkin s
Paynter
Taliaferro
Foster
Bradley
C la r k , W y o .
NOT VOTING— 31.
Penrose
T aylor
Guggenheim
Burkett
T illm an
R
ayner
McCumber
Smith,
Md.
IIale
Clarke,
Ark.
D aniel
A ldrich
R ichardson
Wetmore
M cEnery
Smith, M ich.
Kean
Culberson
D
a
v
is
B acon
Root
Oliver
Smith,
S.
C.
L
o
rim
e
r
Cummins
DiMingham
B an k h ead
Owen
Taliaferro
F oster
B rad ley
Penrose
T aylor
So th e am endm ent a s am ended w a s agreed to,
G uggenheim
B u rk ett
P ercy
Tillm an
Mr. B U R T O N . I offer th e am endm ent w h ich I send to the
H
ale
Clarke, Ark.
R
ichardson
W
etm
ore
Kean
C ulberson
L
orim
er
C um m ins
T h e P R E S ID IN G O F F IC E R (M r. G a l l i n g e r in the c h a ir ).
So Mr. OvEBMAN’lT am endm ent to Mr. C r a w f o r d ’ s am endm ent
YEAS—33.
B a iley
B everidge
B orah
B ourne
C lay
C raw ford
D ixon
D o iliv er
F letch er
F ra z ie r
Gam ble
Gore
H ugh es
^ mt ^ vT c E P R E S ID E N T . T he qu estion is on a g r ee in g to th e
am endm ent a s am ended.
[P u ttin g th e q u estion .]
T h e n o es
annear to h a v e it.
,
,
Mr O VERM AN. I ask for the y e a s and nays.
T he y e a s and n a y s w ere ordered, and th e S ecretary proceeded
T h e am endm ent proposed by th e Senator from O hio w ill be
stated .
T h e S e c r e t a r y . On page 21, lin e 15, a fter th e w ord “ sec
tio n ,” a t th e end o f the lin e, it is proposed to in s e r t :
Said comm ission is hereby directed to investigate and report with a
view to securing a uniform classification o f articles o f commerce carried
upon the railroads o f the United States.
Mr. B U R T O N . Mr. P resid en t, th e In te r sta te Com m erce Com
m issio n is ask ed to in v e stig a te an d report. I h e sita te d som e
w h a t w h eth er it w a s n ot b est to introduce a provision fixin g a
tim e w h en a un iform cla ssific a tio n sh ou ld be secured. A s, how
m i n s ! a n d I v o te “ y e a . ’
.
,
...
r r v y (w h e n h is n a m e w a s c a l l e d ) . I a m paired w ith ever, in a ll ch an ges o f th is kin d w h ere an e x is tin g condition
hm ior S e n a to r from N ew York [M r. R o o t ] . I tr a n sfe r m y h a s con tin u ed for a lon g tim e w e m u st m ove slo w ly and w ith
pair to the senior Sen ator from F lorid a [M r. T a l ia f e r r o ] an d due con servatism , I fe e l th a t th e am endm ent w h ich I h a v e pro
posed is sufficient. I hope in a sh ort tim e it w ill lea d to uni
vote. I vote “ yea.”
_,
...
.
Mr D IL L IN G H A M (w h en h is n a m e w a s c a lle d ). O w ing to fo r m ity o f cla ssifica tio n s. I th in k th e e v il is su fficiently obvious.
T here are th ree c la ssific a tio n s corresponding in gen eral to
_ gen eral pair w ith th e senior Sen ator from S ou th C arolina
th ree te rr ito r ia l d iv isio n s o f th e U n ite d S ta tes. T h ese are the
I M r T i l l m a n ], w ho is absent, I w ith h old m y vote.
Mr F L IN T (w h en h is nam e w a s e a lle d ). I ann oun ce th e official, th e southern, and th e w estern . E ach cla ssifica tio n in
tran sfer o f my pair w ith th e senior Sen ator from T e x a s [Mr. th e se th ree areas or te rr ito r ies in clu d es a great d iv e rsity of
F or exam p le, an a r tic le sh ip ped from P h ilad elp h ia
C u l b e r s o n ] to th e senior Senator from P en n sy lv a n ia [Mr. P e n - a rticles.
through th e Sou thern S ta te s to a poin t in T e x a s w ou ld be sub-
I am
t 0 M r U C H A M B E R L A I N (w h e n h is n a m e w a s c a lle d )
m ir e d w it h th e ju n i o r S e n a to r fr o m P e n n s y lv a n ia [M r. O l i v e r ] .
I t r a n s fe r t h a t p a ir to th e ju n i o r S e n a to r f r o m Io w a [M r. Cu m
1910.
CON G RESSIO N A L RECO RD — SE N A T E .
“ pending a final determ ination.” Now , the Senator w a n ts the
carrier enjoined from doin g w h at? From advan cin g rates?
Suppose an app lication is m ade by the carrier to advan ce the
rate. T he com m ission upon com plain t o f th e shipper opposes
th e advan ce and tak es one hundred and tw en ty d ays in w h ich to
determ ine th e question, and if it h a s not reached a conclusion
in the m eantim e, then under th is bill th e com m ission m ay tak e
six m onths more, m aking eleven m onths in w h ich to determ ine
it. A su it to enjoin could not be m ain tain ed and fo llo w th is
ninendm ent. I t is im possible. I t says :
P en d in g a final d eterm in ation by said com m ission as to th e reason
ab len ess o f such ra te or ra tes in a th en pend ing proceeding before 6aid
com m ission.
7 2 6 3
Mr. MONEY. Mr. P resident, I desire to su g g est to th e S e m tor in charge o f th e b ill th a t a rep rint o f it b e ordered The?e
h ave been so m any elisio n s and in te rlin e a tio n s th a t I do n ot
believe th e Clerk h im se lf can keep up w ith the conv he n A
h is desk. I should lik e to have a clean bill b e fo r e ^ s ^ s h o w i.^
e x a ctly w h at is before us w hen it com es up for a la st vote
I m ake th a t su ggestion to th e Senator in charge o f th e bill
or J w ill m ake th e m otion, if you please, or I w ill a sk fo? con
S eb u rp o se!
*
0ther parliam eu tary w a y to accom p lish
The P R E S ID IN G O FF IC E R . D oes th e Senator from M issis
sippi ask th a t the bill be rep rinted a s it sta n d s a t th e n r e S i t
m om ent?
v s * ul
T he court can n ot enjoin a trib unal havin g th e pow er and
Mr. MONEY, Yes, s i r ; or a s it w ill stan d w h en w e adjourn
discretion to decide a case before it is decided. I t is im possible. th is evening.
I subm it th a t a court could n ot be ask ed to enjoin the com m is
Mr. CLAY. I understand the Senator from M ississip p i n«k«
sion, because no one can te ll w h ich w a y th e com m ission w ill th a t the bill a s it now stan ds w ith th e am endm ents w h ich h a v e
decide u n til it does decide. Nobody knows. T h is am endm ent been adopted be reprinted. I ask th a t the bill a s it cam e from
sa y s “ pending a final determ ination.” T he ra te does n ot go the In tersta te Commerce C om m ittee be printed a lon g w ith it
into effect u n til th e final determ ination.
in p ara llel colum ns in order th a t w e m ay be ab le to com pare
W e w ill ta k e th e c a se o f an app lication on th e p art o f the th e tw o.
1
carrier to advan ce a given rate 10 cen ts a hundred. T he shipper
Mr. B E V E R ID G E . W ould it n ot be better to ta k e it a s it
objects to it, and sa y s it is u n ju s t T he com m ission, under th is w ill stan d a t th e end o f th e day?
1“ 1
bill, su sp en ds th e ra te pending final determ ination. T here is no
Mr. CLAY. And th a t it be printed in th e R e c o r d
court in th e w orld th a t can reach th e com m ission pending th is
Mr. B E V E R ID G E . A s it stan d s a t th e end o f th e d av
hn al determ ination. You could n ot bring a su it to set aside,
Mr. CLAY. I think th a t is better—-that a t th e end o f t h is
suspend, or enjoin. T he court could not get ju risd iction o f it, d ay’s session, if w e sh all have voted upon th e bill, and w h e th e r
because it is n ot a determ ined question. I doubt if it could or not w e sh all have voted upon it, th e bill a s it th en sta n d s
a fter th e com m ission h as decided a g a in st th e shipper, because w ith the am endm ents adopted, be printed, and th a t th e b ill a s
th e com m ission is th e le g isla tiv e agen t o f th e Governm ent. The it cam e from th e C om m ittee on In ter sta te C om m erce be printed
railroad can enjoin i f th e order is confiscatory. B u t you can in parallel colum ns, th a t w e m ay un derstand th e t w n _ t w
n ot w ork it ou t under th is am endm ent a t a ll th a t th e shipper original b ill and the bill a s it m ay be agreed upon bv th e
1
y ta e
can enjoin pending th e hearing. T here is no legal m achinery Senate a t the end o f th e session to-day.
to do it.
My colleague m akes a su ggestion to m e w h ich m igh t he
I f anyon e deprives a citizen or a n y com mon carrier or an y better, but I am satisfied sim ply to h ave th e b ill w ith the
body else o f property w ith o u t due process o f law or w ith ou t anendm ents w hich h ave been adopted printed and th e origin al
com pensation, in v iolation o f th e fifth am endm ent, th e aggrieved biff printed in parallel colum ns. I think it w ou ld be better i f
P arty h a s a righ t to go in to an y o f th e cou rts o f th e U nited it could be printed sh ow ing w h at section s have been stricken
s ta te s and seek relief. T h e sam e is tru e in th e case o f any irrep out, but those are com parisons w h ich w e can m ake a n v w a v
arab le injury. A n yone can go into a court in a case w h ere regardless o f a print in th a t form. I am w illin g sim p lv tn
irrep arab le in ju ry is about to be perpetrated and get an injun c have the original bill printed in p a ra llel colu m ns w ith th e h ill
tion. I subm it it is im p ossib le to carry out in th e courts w h at a s amended.
is in th e Senator’s m ind through the w ording o f th is am endm ent.
T he P R E S ID IN G O F F IC E R . D oes th e Senator from M is
T he am endm ent sa y s fu r th e r :
sissip pi accept the su ggestion o f the Senator from Genr.da it'
feia ln
And th a t th e said In te r sta te Commerce C om m ission h a s n o t s u s addition to h is suggestion?
pended, or h as n o t th e pow er to suspend, th e enforcem en t o f such rate
Mr. MONEY. T he idea I had in m y m ind w a s to ha™
r a te s before th e final d eterm in a tio n as to th e reasonab len ess o f such
printed for the use o f the S en ate the bill a s it w ill g0 to i fin Ji
rates In such pend ing proceeding before said com m ission.
B u t the com m ission under th is bill h a s th is exp ress power. vote, supposing th a t a final vote w ill com e som e tim e in
.
T he righ t is given broadly to suspend on its ow n m otion all near future. I understand th e disap p oin tm en t o f th e w
^
ra tes pend ing in vestigation . I do not th in k it is possible, under a vote upon the bill. It is lik e th e m irage o f th e d e J v f
is constan tly receding before the traveler. I do not
th is am endm ent, to w ork ou t w h a t th e Senator w ish es.
i T ^ 11
T he P R E S ID IN G O F F IC E R . T he qu estion i s on agreein g th e end w ill be, bu t I presum e th a t w e w ill vote
m orrow or a t som e tim e, and I w a n t a clean d r a ff
li
,
t0 tb e am endm ent proposed by th e Senator from W isconsin.
w ith all its in terlin eation s and all its e lisio n s
« tb® bill
Mr. B E V E R ID G E . L et th e am endm ent be again reported.
else taken out, and then th e b ill ju st n s w e are
T he P R E S ID IN G O F F IC E R . T he am endm ent w ill be again
filially. I h ave no obieotlon to th e su ggestion „ f f e r S by ° V v
re p o rte d .
frien d from Georgia.
° y my
Mr. LA F O L L E T T E . B efore th e am endm ent is reported I
Mr. CLAY. The Senator accepts it
w ish to su ggest th e absen ce o f a quorum, because the arnendMr. MONEY. I accept it.
nient w ill o th erw ise h ave to be again reported before it is
The P R E S ID IN G O F F IC E R . T he Senator f™™
. . ,
voted upon.
ask s unanim ous consent th a t a t th e conclu sion o f
The P R E S ID IN G O F F IC E R . T h e Senator from W isconsin
lugs o f to-d ay', session the bill sh all he reprinted
su g g ests th e absen ce o f a quorum. T he Secretary w ill call the
original bill as it cam e from th e com m ittee and a lso th e h n i^ o
i h e S ecretary called the roll, and th e follo w in g Senators It stan d s^ at present w ith the am endm ents w h ich h ave been
answ ered to th eir n a m e s :
Mr. CLAY. I su ggest th a t th e am endm ents th a t lw ™ k™
Bacon
C lay
Gore
P erkin s
adopted be printed in italics.
a t b a ' e been
Bailey
C rane
G uggenheim
P u rcell
Beveridge
C raw ford
H ugh es
R ayner
The P R E S ID IN G O FF IC E R . E x a ctly . I s th ere o b ie etin n i
Borah
t) — C ullom
J o h n sto n
S c o tt
T he Chair hears none.
objection?
B ourne
C urtis
J o n es
S h iv ely
Mr. CLAY. I ask th a t the original b ill and th e bill tm™
B randegee
D epew
La F o llette
Sim m ons
{B'JSgs
D ick
L odge
Sm ith, Md.
pending be printed both in the R e c o r d and p rinted for f °
B risto w
D illin g h a m
M artin
Sm oot
o f th e Senate.
e u se
fp o w n
D ixon
M oney
Step henson
B u lk eley
D o lliv er
N elson
Stone
T he P R E S ID IN G O FFIC E R . Is th ere objection to th e re
B urnham
du P o n t
N ew lan d s
Su therland
quest o f th e Senator from G eorgia? The C hair hears
B urrow s
E lk in s
N ixon
T aylor
and it is so ordered.
& none,
Co *on
F lin t
Overman
W arner
T he question is on agreeing to the am endm ent subm itted i™
p ? r te r
F ra zier
Owen
W arren
^ nam berlain
F rye
Page
W etm ore
the Senator from W isconsin [Mr. L a F o l l e t t e !
U by
o i^ PiP x,.
G allin ger
P a y n ter
Mr. B E V E R ID G E . L et it be read. *
Clark, W yo.
Gamble
P ercy
T he P R E S ID IN G O FF IC E R . I t w ill be again read.
T he P R E S ID IN G O F F IC E R . S ix ty -six Sen ators have at
T he S ecretary. Am end section 1 by inserting after line 16
rppd to th eir nam es. A quorum o f the Senate is present.
on page 2, th e following paragraph:
’
+i «e Question is on agreein g to th e am endm ent subm itted i
Fifth. All suits brought by any shipper or other interested person to
^ S e n a t o r from W isconsin.
suspend or enjoin any rate or rates, or advance in rates filed iw nm
H r. LA F O L L E T T E . I ask to have th e am endm ent as
common carrier with the Interstate Commerce Commission Dendln^ »
reported.
final determination by said commission as to the reasonableness of afinh
rate or rates in a then pending proceeding before said commLsion
P R E S ID IN G O F F IC E R . T he am endm ent w ill be a |
where it shall be made to appear to such commerce court that the an
re p o rte d .
forcement of such rate or rates will result iu a deprivation of the com-
7264
_____
^
J une 2
CONGRESSIONAL RECORD— SENATE.
^ s s J ^ '^ S T B S S a
l", , "'."‘.ir , -herein "
* S ^ e p a i ® in ju ry to th e complainant,
,
r ite or rates w ill 'f^ j V m n m e r c e C om m ission h a s not susp en d ed ,
,
, at the said Interstate C om m « en forcem en t o£ s u c h ra te or ra tes
or' tiHs *not the power to »i, P , q' t n th e reason ab len ess o f such ra tes In
Mr. LA FOLLETTE. I ask that the proviso be first read for
which I now offer a substitute.
The S e c r e t a r y . The proviso in the bill reads as follow s:
Provided. T h a t teleg ra p h and telep h o n e com p an ies, ex cep t w ireless,
tr a n sa c tin g in te r s ta te 'b u s in e s s , a re h ereby p laced u nd er th e suporvisio n and con trol o f the I n te r s ta te C om m erce C om m ission, su b jec t to all
o f th e p ro v isio n s o f an a c t to reg u la te com m erce, a p p io v ed February
4, 1887, a s am ended, a p p licab le th ereto .
TbV P iTe SIDING OFFICER. The question » on
” ^
And in “lieu
lieu of those words insert the follow ing proviso :
_ - T
..............
........
„«___
the a m e n d m e n t.
n t h a t j a s k f o r t h e yeas and nays, f P rovided,
h a t th e_ p
ro vjisio
n s o f th e o/»f onfitlpfl
en title d “ An act to regijw
amended
»'■ 1 A
m y s were ordered, and the Secretary proceeded la
% 0odrraJ tio
ion
erson or
s hte
a ll com
'a immlyerce,
t o 'a napp
y corp
n or
or any
a n y pperson
or pi«erso
tsun
u s» engaged
engaged in
T h e yeas and n a y s
.
ih o tra n sm issio n o f m essa g es by teleg ra p h , telep h o n e, and cable (exc
(excep t
i rn e-eless)
h ^ s O from,
l orn one
on e S
SDatl
D is tr ic t of
o f! th e U n ited States
S ta tes to
call the
the xnlcR
roll. L A IN (when his name w
ta te , T errito ry , or Rtatrlct.
to call
w as
as called).
called). II trangtranS- “i•inv
oth er S ta te, T errito ry , or D is tr ic t of th e U n ited S ta tes, or to any
Mr. C H ^ IR E £ -j,mior Senator from Pennsylvania [Mr.
\ i i rh a rces for a n y serv ice rendered or to he renomvk' c to the junior Senator from Iowa [Mr. Cu m m in s ], and dered in th e t r a n s m is s io n o f m essa g es by teleg ra p h , telep h o n e, or cable
H a fo resa id In co n n ectio n th erew ith sh a ll he ju st and reasonable, and
vote “y f . ” , hen his name was called). I announce my pair
».,“ r, S J u L r s e c t o r fro... Hew York [Mr. Roorl. If be were
p r^ I1 ) ,n .U N G H A M "(w“ en b is nam e w a s c a lle d ). I tra n sfer
Mr. 1 )irA : A ' J e seni0r S enator fro m S outh C arolin a © I r
to tbe « 5 ? r S enator
fro m P enn sylvania
“■*■ *-----------------[M r. X ta f
S
and vote.
I v o te “ n a y ."
« . .J*
. _»
" ‘r iN T 'V w h e n Vnot
bis n;iTUU
n am e w as c a lle d ).
I am pair.,, v.-ith
[ « t ? ) Uw m11SS
t o l d rny vote.• -------If be were present, I would vot.
w iiu u u tu 1 UJ
“ yea.”
HNBTON (When his name w as called)
I am paired
w .m
evoi-v u n ju st and u n rea so n a b le ch arge fo r such
P£,-a ®y Part
th ereo f is n rolilb ited and declared to be u n la w fu l. P t o i t d e d f u r t h e r ,
T h a t th e I n te r s ta te C om m erce C om m ission in d eterm in in g w h a t are
i n l a n d reason ab le ch a rg es for the tra n sm issio n o f m essa g es by ti-leI r f n h and W lephone lin e s m ay c la ss ify such ra tes and p erm it a less
rs?e for n ig h t th a n fo r d ay m essa g es and for w h a t is know n as
p,Vss
Press
S n a t c h e s ” and f o r n ew sp a p er serv ice th a n fo r ord in ary serv ice : A n a
t,n n ,le ,
f u r t h e r T h a t no p erson , a sso c ia tio n , cop artn ersh ip , or corpola H
sub ect to the
th e provisions
p ro v isio n s or
of u
thniss act
a ct sum
sh a ll. prom ise, voffer,
or
r,~o i,„ Kiihiert
“ er< oi
£ f i i ° Ufo,?U^ v C n, m o s e to an y p o litica l com m ittee or em ployee the,-
Vn jinv candidate for or
incumbent or any o m a ui
wuaer
J?>USSK
C onstitutfon or law s of the United States, any free, pass or frank
the Constitution oi mw
nerson for the transmission of an„
or any P»vil% ^ witliheld from any Person^ assocjatIon> copartnerBa[D
m
message
essage oor commu
r ni cat r ,
accent from aany
n y person, association’
a ssociation
^
n ^ ltio m or imcfin'any0 manner or for any p u rp X ’
i ,,
„ fannir ni* ciTiv n r iv ile s e witQnGiQ n u m *-tLi,y y tio u u , <issoc K io n ^ c o p a r tn e r s h ip ^ or c o r p o r a t o r t ^ r . ™ m | « i o n o f an g,
1
pgaU“ tyo the* U n f t
“tate^a j S ^ J
[iint pair to the senior Senator from Virginia [Mr. D aniel ],
and vote “ yea.”
name w as called). I am paired
J h t b e Aju?ioi Senator from Delaware [Mr. K ichaboson]. I f
heAfVOr|M I T l f o ’lf !S out°hCarolina ^w iien his name w as called).
, ^m S S w » b tb“ Junior Senator from Rhode Island [Mr.
W et m o r e ] . Were lie present, I should vote yea.
“ m e resuft was an M n n ced -yeaa 29, nays 33, as follow s:
X
Bacon
B ailey
B ev e rid g e
Borah
B ourne
Bristow
Brown
Chamberlain
B ran d egee
B riggs
B u lk eley
B urnham
B urrow s
B u rton
C arter
C lark. W yo.
Crane
Aldrich
Bankhead
Bradley
B urkett
C larke. Ark.
Culberson
Cummins
Y E A S — 29.
Gore
L a F o lle tte
Clay
M artin
C raw ford
M oney
D ixon
N ew lan d s
D olliver
O verm an
F letch er
O
w en
F ra z ie r
P a y n ter
Gamble
N A Y S— 33.
G uggenheim
Cullom
Iln ie
C urtis
H eyhurn
D ep ew
•Tones
Dick
Lodge
Dillingham
N elson
du l ’on t
N ixon
E lk in s
P age
F rye
Piles
G alU nger
NO T V O TING — 30.
D a v is
M cEnery
F lin t
O liver
F o ster
Penrose
H iu'hes
Itayner
J o h n sto n
R ichardson
K ean
hoot
L orim er
S m ith , JJSU,
C lapp
P ercy
P erk in s
P u rcell
S h iv ely
Sim m on s
S co tt
Sm oot
S tep h en son
S u th erla n d
W arner
W arren
S m ith , S. C.
S ton e
T a lia fe rro
T aylor
'Tillman
W etm ore
McCumber
Smith, Mich.
,, , r , T . F ollette ’s am endm ent w a s rejected .
,
M r L A F O L L E T T E . I offer the am endm ent w h ich I send
Iian ief
t0J;}‘e « t if «5TDTNG OFFICER. The amendment w ill be read.
The S
abS
in lieu of the provision inserted on page 26,
a fMr
y ^ (IL L E T T lli. f°Tbe provision does not appear in my
Air. 1’i’!
la
----- *
prj,Mt °r>i*FsinifXG OFFICER. Under the rule it would not
The RE CM * „ _______owfoafl tor but in the absence
nor morethan $ 2 , 0 ^ And any
uke ponillty.
Jurisdiction
s,i ch_ free p a ss “ ‘I fM ? kn rovision sh a ll be th e sam e a s th a t provided jn
o f o ffen ses under t
I ° ; lla t P com m erce w ith fo reig n n a tio n s and
Im o n g * f i f t a t e £ ” f p ^ d ” F eb ru ary 19, 1 9 0 3 , and an y am endm ent
th ereo f
The
on
a g r e e in
g to
'Plio PRESIDING OFFICER.
OFP1CCU. The
tub question
'i““ UU11 isTT
: UB1V
,u*
u>
h
sSubmitted
u b m itte d by tbe
th e S
e n a to r fr
om W
Wisconsin
Seuatrnfrom
lsconsm
he
j\
MrC C IA T 111 SinceCannouncing my pair w ith the junior Sen*Mlf £ „ vow York [Mr. R ootI the junior Senator from W est
flt o r / i onl ^ I h , r n e ( l to the Chamber and voted. The junior
Virginia has 1(_
. .. [Mr. r o o t] stands paired with the
S S S T s S S S r Z m Florida [Mr. T aliaferro]. I therefore
j-t^ lO O
person, association, ^copaitnersfiip, or
[Mr.
F o llette ].
Mr LA FOLLETTE. Mr. President-----Mr ELK INS. Inasmuch as the H ouse has passed on this
matter and this is an enlargement of w hat we have already
adoDted I w ill accept the amendment.
Mr CARTER I ask the Senator who presents the amend
ment whether the amendment is so framed as to prevent tlm
S
oommt of tbe section of tbe statute which now place,
t e power of the Postmaster-General the regulation of tele
graphic rates for the Government of the United States in its
official business, or whether the Government would be required
under the provisions of the amendment to pay the customary
C01M,lier ^ F O L L E T T E . I will say I have made no provision fur
special rates for any of the departments of the Government.
Mr C ARTER. I submit that such an exception should hn
m*Mr' T Y FOLLETTE. I think that can be easily added. Mr.
President, and I w ill not object to such a provision being
111MrP C ARTER. I suggest that the amendment be to the effect
that the provisions of this section shall not apply to the busi
ness of the Government of the United States.
Mr. LA FOLLETTE. I think that is a very proper amend
ment, and I accept it.
■ . .
„ ,
The proposition which I have now offered is in effect the same
as that adopted by the Senate last week, excepting that it pro
vides for a newspaper rate and also prohibits free franks and
passes for telephone and telegraph messages.
The PRESIDING OFFICER. The proposed modification of
the amendment w ill be read.
The S ecretary . It is proposed to nisei t.
T he p ro v isio n s o f th is sectio n s h a ll n o t a p p ly to th e telegrap h or
telep hon e b u sin ess o f th e G overnm ent o f th e U n ited S ta te s or any o f
th e d ep artm en ts th ereof.
Mr B YILEY Mr. President, just exactly why the Govern
ment’ should claim for itself a privilege which it denies to its
citizens is not plain to me. unless, indeed, it be upon the theory
ti.-ittotorelieve
reduce atl\e
the* Government
is
ure
il t aexpenses
x p a y e r , ofu m
7
, in some measi r f to relieve all taxpayers: but I rather incline to the opinion
,
is niiinst. no matter in whose favor it is
be
of
, b eMr-_
o ffe r -in g o f It « s’ »O |Fanhstitntfi.
“FbIC
[g E
“R
^ te
6 ee am
n m endm
e„ d m ent
en t w
ill be
bo rend.
rend.
. -T
Th
w ill
S
r ° i In
. E
b « .r ,» , in the
.be bbin
lieu “o f th e p ro v iso inserted
ill on
1K i ncnruf—
---- -
page 26, after line 15, insert-
,,f ......................
T want to say, furthermore, while I am on my feet, that I
.‘
. i... i.i,,.,
Idea iLotthat toioiilione
telephone companies
com pan ies should
should be
l.e snhsubu G e ^ . ^ .L A JJJrisd iction o f tlie in tersta te C om m erce Conmiis"
1910
CON G RESSIO X A L REC O R D — SE N A T E
________________ :________
7265
sion. I believe I am sa fe in sayin g th a t not one man in five
hundred in th is country u ses th e telephone for an in tersta te
conversation once a m onth, and I can not consent to im pose and it is one o f the ironies of politics that the
,at ltem *
an ad d ition al w ork on the com m ission to cover a case so rare ever transmitted over an established line carne^from ^ “ e.ssage
as that.
to Washington announcing the nomination of CarruthP^«itim ° rt
T he telegrap h is used frequently, although used by a sm all Political rival for the Presidency of the United S t a t e s * S S1’eat
per cent o f our people. Its charges do not fa ll gen erally upon
Under those circumstances it w as not remarks hm
the people. I think I m ight sa fe ly say th a t you can tak e the (J..v,.rnm,.nt should have foil privileged to demand a t the hands
average county o f 25,000 people in th e U n ited States, and, e x
cept th e people in the tow n s and villages, not one in a hundred
”
" ,g "h i c h « *
v isits the telegraph office once a year.
A nd then, too, a s I said a m om ent ago, w e had nnt m +i *
I f w e continue to m u ltip ly the d u ties and increase th e labor reached th e conclusion th a t everybody w ho u ses a nnhii^ t m 7
of th is com m ission w e m ust understand th a t w e im pair its is en titled to use it on the sam e term s.
publlc u tlll*y
efficiency for th a t w ork w h ich a ll adm it to be very im portant.
The circu m stan ce that the G overnm ent is an e x ten siv e
Mr. CA RTER. Mr. P re sid e n t-— profitable patron o f th e telegraph com pany does not on tftle V!
The P R E S ID IN G O F F IC E R . D oes the Senator from T exas to reduced rates. T hat Is precisely th e a r Ku , „ „ 7 w U c “ w e
yield to the Senator from M ontana?
and com bated so often when w e w ere stru gglin g o u n i , ! ! ? ,
Mr. B A IL E Y . I had com pleted my statem ent.
special favors w hich the railroads sou ght to justify'*in conse®
Mr. CA RTER. I do n ot a t th is m om ent pretend to go a t quence o f the im m ense patronage o f p articu lar sliinner« *'UUhe~
length into the consid eration s w h ich im pelled C ongress to pro
Mr. LA FO LLETTE. Mr. P resident, I w ill n ot d eta in th e
vide by la w th a t th e ra tes to be paid by the G overnm ent of the S en ate a moment to fu rther d iscu ss th e am endm ent Th
•
United S ta te s for telegrap h services should be fixed by the P ost one econom ic reason w hich ap p lies to the railroad s th a t Z m
m aster-G eneral.
not apply to th ese m essages, and th at is th at th e car is th e onir
In th e first place, Mr. P resident, it is o f very great im portance o f shipm ent. I accept the am endm ent offered by the
^
to the G overnm ent th a t th ese rates should be uniform through from M ontana a s p erfectin g my am endm ent, and a sk for a
out the en tire country. T he system o f accounting w ould become upon it.
uuvery g r ea tly confused and the system o f au d itin g greatly in
T he V ICE-r R E S 11 >E NT. T he qu estion is on ag reein g to th e
volved if such w ere not the case. T elegram s are sent a t govern am endm ent o f the Senator from W isconsin.
LO
m ent expense from p oin ts a ll over th e country. The bu sin ess
Mr. STONE. Let it be read.
;s n° t confined to the departm en ts a t W ashington, as the Sena
Mr H E Y B U R N
1 should lik e to have the am endm ent o f th e
tor w ell know s. In consequence o f th e w idespread use o f the Senator from M ontana read.
uie
telegrap h by the a g en ts o f th e G overnm ent it evid en tly ap
Mr. STO NE. I should like to have the w h ole am endm ent rend
peared to C ongress a s im portant th a t som e uniform rate should w ith the am endm ent o f the Senator from M ontana
ead
be estab lish ed , and th a t som e officer o f the Governm ent should
The V IC E -P R E SID E N T . W ithout ob jection ,' th e en tire
be em pow ered to determ ine on princip les o f equity and ju stice am endm ent w ill be restated by th e S ecretary.
16
vvliat th a t ra te should be.
T he Secretary read the am endm ent a s m odified.
I have no doubt th a t C ongress w a s im pelled by proper m otives
Mr. HEYBURN. Mr. President, I hardly think the last nor
and con sid eration s for th e public service and the interests of tion o f the amendment is sufficiently definite. We must take
th e G overnm ent in arran gin g it in th a t manner, and I do not into consideration the manner in which the government business
think th a t upon th e spur o f th e m om ent, w ith o u t more considera is transacted. At present the government telegraph business is
tion th an can be given to th e su b ject here th is afternoon, w e transacted by its representatives in Congress and in the de
should attem p t to reverse a policy w h ich h a s been in operation partments through the medium of an annual official pass- that
for m any, m any years.
is, a card is issued to the officer of the Government or the
I h ave never heard anyon e com plain o f th e exten sion to the Member of Congress, which authorizes the telegraph comnanv
G overnm ent or o f the dem and by the Governm ent, if you please, to transm it messages signed by the person holding the card
for a sp ecial rate for th e enorm ous telegrap h bu siness it is Now they are charged “ Government.” On the back of that
con stan tly tra n sa ctin g on th e w ires o f the country. No c iti card there are instructions to the operators as to the m anner
zen can be in com petition w ith h is G overnm ent. The character of keeping accounts. They are instructed to charge this
o f the public b u sin ess is not th a t o f the com m ercial agency or sage to the Government.
mtsin stitu tion .
There might be some question ns to whether or not the nmenu
Mr. B A IL E Y . In th e case o f th e postal savin gs bank, how ment is broad enough to continue that system or i« it I n
ever, it m ight happen.
tention o f the Senator offering it. or accepting it ‘ t w A , in'
Mr. CA RTER. Mr. P resident, th e postal savings-bank prin should be a change in that system? It is a convenient I Abere
ciple is founded upon su ch a solid foun dation th a t it needs no The determination of what is government business is l JW + , +In*
fu rth er d iscu ssion here.
officer of the Government. Is it under this amendment ^ 16
I th in k the am endm ent should go through u n less w e desire liosed that only messages sent by the Government o r L I£°"
to enter largely and properly upon th e consideration o f the Government shall be within the exception, or are the agencies
G overnm ent’s righ t to th is privilege.
now authorized to use the Government's eredit
Mr. B A IL E Y . Mr. P resident, I have no desire to detain th e messages to be recognized? It seems to ' ^
the a m e n X S
S en ate for th a t purpose or to detain th e Senate longer now might lie made more definite.
amendment
th an to say, in reply to the Senator from M ontana, th at when
Mr. CA RTER. Mr. President-----the d iscrim in ation in favor o f th e G overnm ent w a s established
The V IC E -P R E SID E N T . D oes the Senator from Idaho yield
w e had n ot learned th e e v ils o f discrim ination by th ese public- to the Senator from Montana?
* cu
service corporations.
Mr. HEYBURN. I do.
B esid es that, w e a ll know th a t the G overnm ent, when these
Mr. CARTER. Mr. President, I doubt not the amendmenttelegrap h lin es w ere in th eir incipiency, aided them.
might be made more liberal in its application. I do not pretend
T he tru th is th a t th e first telegrap h lin e ever established in that the amendment, as offered from the floor on the spur of
th e U n ited S ta tes w a s estab lish ed w ith an appropriation from the moment, covers all the various avenues or agencies through
th e F ed eral T reasury and procured through th e generous im which tlie Government transacts business over the tele<n-nnh
pu lse o f a Tennessean.
lines. The amendment, however, is quite sufficient to e7mr
I t w a s in th e closin g hours o f a session when th e appropria the conference committee, which w ill deal with the subiect with
tion o f $40,000 had passed the Senate, and it seem ed th a t the tlie framing of an amendment which will cover the case Tfti
adjournm ent o f C ongress w ou ld occur before it could be con matter goes over, I shall endeavor to fram e an amendment in
sidered in the H ouse. Under a tension w h ich few men in the accurate language, which will cover tlie various and varied
w orld h ave ever experien ced Mr. M orse w en t to a doorkeeper lines of business transacted by the Government- but for the
o f th e H ou se and ask ed him w h o w a s the best-hearted man present. I think the basis is laid for such an amendment as will
am ong a ll o f the R epresen tatives. T he doorkeeper told him th at supply the demands made.
it w a s R obert L. Carruthers, o f T ennessee, who, stran ge to say.
Mr. H E Y B U R N . Mr. P resident, h avin g called atten tio n to th e
w a s a bachelor. H e sent for Mr. C arruthers and m ade his last question, upon the su ggestion o f the Senator from M ontana [Mr
appeal. H e took C arruthers to th e basem ent o f the Capitol, C a r t e r ] , th a t th is am endm ent is to be treated a s a te n ta tiv e
w h ere he had estab lish ed h is instrum ent, and tak in g a m essage m easure or suggestion, 1 shall not fu rth er d iscu ss tlie question
from C arruthers a s he sat a t one desk tran sm itted it to an a sso although I am qu ite satisfied th a t it w ill be n ecessary to elab o’
ciate, w ho received it a t the other desk and read it to C arruthers rate th e am endm ent in order to preserve e x istin g conditions"
e x a ctly a s he had w ritten it.
I w a s prom pted to m ake the su ggestion by reason o f th e fa c t
XLV------ 455
C O N G R E SSIO N A L R E C O R D — S E N A T E .
7 2 6 6
th a t th is am endm ent m ak es it a crim in al offen se for an y person
to use a pass, reservin g on ly th e excep tion in fa v o r o f govern
m ent bu siness. I s th is going to tr a n sfe r th e d eterm in ation o f
w h a t is governm ent b u sin ess to th e la w d epartm en t o f th e Gov
ernm ent o f th e U n ited S tates, or is it goin g to lea v e th e d eter
m ination, a s it now is, to th e G overnm ent’s tr u ste d agen ts, to
w hom th ese p a sses are delivered ? T h ere w ou ld be som e jeopardv in sending m essa g es w h ich, in th e ju d gm en t o f a Senator,
pertain to public bu siness, i f it w a s to be revised and su bjected
to th e interp retation o f som e sp ecial a g e n t o f th e D ep artm en t
o f Ju stice.
,
,
^
Mr. B A IL E Y . Mr. P resid en t, a closer a tten tio n to th e read
in g o f th e am endm ent d evelop s an oth er objection to i t on m y
pa r t. I observe th a t i t n o t on ly p erm its a d iscrim in ation in
fa v o r o f th e G overnm ent, bu t it also au th o rizes a d isc r im in a
tio n in fa v o r o f th e new spap ers. I u n d erstan d a s w e ll a s a n y
body th e u sefu l service w h ich th e y render in d istr ib u tin g th e
n ew s, b u t I doubt i f an y Senator in th e body w o u ld be w illin g
to am end th e in terstate-com m erce law , ex p r essly au th orizin g
th e railroad s to carry th e w h ite paper on w h ich th e y p rin t n ew s
for le s s th an oth er people are ch arged fo r a sim ila r service.
I doubt i f anyb ody w ou ld be w illin g to au th o rize th e railroad s
to m ake sp ecial and favorab le r a tes to n ew sp ap ers upon th eir
m achinery, type, and th e oth er p arap h ern alia o f th e ir offices.
I f th a t can n o t be done, I can n ot un d erstan d a n y reason for
d iscrim in a tin g in th eir b e h a lf in referen ce to th e telegrap h
service.
I b e lie v e th a t everybody in th is cou n try o u g h t to pay th e
sam e price for th e sam e service under th e sam e conditions. A s
for m y part, I sh a ll n o t vote to au th orize a d iscrim in a tio n in
fa v o r "of an y c la s s; an d I h a v e a grave dou bt ab ou t au th orizin g
a d iscrim in a tio n in b e h a lf o f th e G overnm ent itse lf. T h e on ly
th eory upon w h ich I could reconcile m y se lf to th a t w ou ld be
th a t a d iscrim in ation in th e G oven im en t’s fa v o r w o u ld pro
ta n to be a d iscrim in ation in fa v o r o f everybod y in th e country,
and th erefo re no d iscrim in ation a t all.
T h e V IC E -P R E S ID E N T . T he qu estion is on a greein g to th e
am endm ent offered by th e Senator from W iscon sin [M r. L a
F
ollette]
.
Mr. L A F O L L E T T E . I ask for th e y e a s and n a y s on th e
am endm ent.
T h e y e a s and n a y s w ere o r d e r e d ; and th e S ecretary proceed,
to call th e roll.
Mr. C H A M B E R L A IN (w h en h is nam e w a s c a lle d ). I h av« a
pair w ith th e ju n ior Senator from P en n sy lv a n ia [M r. O liv A J .
I tr a n sfe r th a t pair to th e ju n ior Sen ator from Io w a [M r. Cu m
m i n s ] , and vote.
I v o te “ y e a .”
Mr. CLAY (w h en h is nam e w a s c a lle d ). I ann oun ce m y pair
w ith th e ju n ior Senator from N ew Y ork [Mr. R oot].
Mr. D IL L IN G H A M (w h en h is nam e w a s c a lle d ). I tr a n sfe r
m y general pair w ith th e senior Senator from S ou th C arolina
[Mr. T i l l m a n ] , w h o is absent, to th e Senator from P en n sy l
v a n ia [Mr. P e n k o s e ] , and vote. I v o te “ n a y .”
Mr. F L IN T (w h en h is n am e w a s c a lle d ). I a g a in announce
m y p air w ith th e senior Senator from T e x a s [M r. C u l b e r s o n ] ,
Mr. JO H N ST O N (w h en h is nam e w a s c a lle d ). I announce
m y pair w ith th e ju n ior Senator from M ichigan [M r. S m i t h ]
Mr. P E R C Y (w h en h is nam e w a s c a lle d ). I a g a in announce
m y p air w ith th e ju n ior Senator from K en tu ck y [M r. B r a d l e y ]
Mr. R A Y N E R (w h en h is n am e w a s c a lle d ). I am paired
w ith th e ju n io r Senator from D e la w a re [Mr. R i c h a r d s o n ] ,
tr a n sfe r th a t p air to th e senior Senator from V irgin ia [Mr.
D a n i e l ] , and vote.
I v o te “ y e a .”
Mr. SCOTT (w h en h is nam e w a s c a lle d ). I w ish to m ak e a
sta tem en t now , in order th a t I sh a ll n o t h a v e to m ake it again
on fu tu re roll calls. I have a g en eral pair w ith th e senior Sen
ator fronv F lo rid a [Mr. T a l i a f e r r o ] . T h a t pair, b y agreem en t
w ith th e B e n a to r from G eorgia [Mr. C l a y ] and m yself, h a s been
tran sferred , so th a t h ereafter I sh a ll vote w h en m y nam e is
called. I v o te “ n ay.”
T he roll c a ll w a s concluded.
Mr. CLAY. In ad d ition to th e sta tem en t m ade by th e ju n ior
S en ator from W e st V irgin ia [Mr. S c o t t ] , I w ish to sta te now ,
th a t for th e rem aind er o f th e w eek th e ju n ior S en ator from
N ew Y ork [M r. R o o t ] w ill stan d paired w ith th e senior Senator
from F lorid a [Mr. T a l i a f e r r o ] . I th erefo re d esire to vote on
th is qu estion a s w e ll a s on fu tu re roll c a lls w ith o u t m aking the
ann oun cem en t again . I vote “ y e a .”
Mr. F L IN T . I tr a n sfe r m y pair w ith th e sen ior Senator
from T e x a s [Mr. C u l b e r s o n ] to th e ju n ior Senator from M assa
c h u setts [Mr. C r a n e ] and vote. I v o te “ n a y .”
Mr. SM IT H o f Sou th C arolina. I d esire to ann oun ce my
pair w ith th e ju n ior Senator from R h ode Isla n d [Mr. W e t m o r e ] .
I f he w ere present, I should v o te “ y e a .”
J u n e 2,
The resu lt w a s announced— y e a s 34, n a y s 28, a s fo llo w s:
Y E A S— 34.
P erk in s
H u gh es
P u rcell
Jon es
R ayner
L a F o lle tte
S h iv ely
M artin
Sim m ons
M oney
S m ith , Md.
N ew lan d s
S ton e
O verm an
Owen
Page
N A Y S— 28.
P ile s
Gal lin ger
C lark, W yo.
B a iley
S c o tt
G uggenheim
C ulloni
B ran degee
Sm oot
H
ale
D
ick
B riggs
H eyburn
D illin g h a m
S tep h en son
B n lk eley
L odge
S u th erlan d
E lk in s
B urnham
W arner
N elso n
F lin t
B urrow s
W arren
N
ixon
F
rye
C arter
NO T V O T IN G — 30.
M cCumber
Sm ith, M ich.
D a n iel
A ldrich
S m ith , S. C.
M cE nery
D a v is
B ankh ead
O
liver
T
aliaferro
D
epew
B rad ley
T aylor
P a y n te r
du F o n t
B u rk ett
T
illm
an
P
en
rose
F
o
ster
Clarke,, Ark.
P ercy
W etm ore
J o h n sto n
Crane
R
ich
ard
son
K
ean
C ulberson
R oot
Lorim er
C um m ins
S o M r. L a F o l l e t t e ’s a m e n d m e n t a s m o d ifie d w a s a g r e e d t o
M r. L A F O L L E T T E .
i o ff e r th e a m e n d m e n t w h ic h I send
t o th e S e c r e t a r y ’ s d esk .
B acon
B everid ge
B orah
B ourne
B risto w
B row n
B urton
Chamberlain
Clapp
C lay
C raw ford
C u rtis
D ixon
D o lliv e r
F letch er
F razier
Gam ble
Gore
T he V IC E -P R E S ID E N T . T he am endm ent w ill be stated.
T he S e c r e t a r y . On page 23, lin e 3, a fter th e w ord “ com
p la in t,” it is proposed to in se r t th e fo llo w in g :
Or to appear fo r and rep resen t th e com m ission in an y case pending
in th e com m erce court.
Mr E L K IN S . I a ccep t th a t am endm ent.
T he V IC E -P R E S ID E N T . T he q u estion is on ag reein g to the
am endm ent offered by th e Sen ator from W iscon sin .
T he am endm ent w a s a greed to.
Mr. SIMMONS.
w h ic h
I present in modified form t h e amendment
I o ffe r e d y e s t e r d a y .
The VICE-PRESIDENT.
The amendment w ill be stated.
T he S e c r e t a r y . A fte r lin e 7, on page 24, it is proposed to
in se r t a n ew section, to be kn ow n a s section 10a, and to read as
dlovvs:
Sfc 10a T h a t th e a c t to reg u la te com m erce app roved February 4
1SS7 'as am ended, is hereby am end ed by ad d in g th er e to a new section ’
to be know n as sectio n 19a, and to read a s f o ll o w s :
“ S fc 19a T h a t w hen, in a n y proceeding before th e I n te r sta te Com
m crce' C om m ission, w h eth er begun upon a p p lic a tio n or upon its own
in itia tiv e in v o lv in g th e d eterm in a tio n o f th e rea so n a b len ess o f a
charge or classification , or th e -r e a so n a b le n e ss o f a proposed increase
o f a rate or charge or ch an ge o f c la ssifica tio n , th e va lu e o f th e prom
ertv o f an v tra n sp o r ta tio n com pany su b ject to th is a c t is m aterial to
th e d eterm in ation of such q u estion , th e com m ission , w h en in its judem ont said fin d in gs of fa c t are n ecessa ry for a ju s t d ecision o f the
m atter in controversy, sh a ll be au th orized to a sce r ta in and determ ine
a fte r fu ll h earing, th e v a lu e o f th e p h y sic a l property of such corporal
rate
am ou nt o f m oney or property va lu e a c tu a lly paid to an d received bv \\
for th e stock s and bonds so issu ed , and w lia t p a r t of th e m oneys and
property so received w a s a c tu a lly in v e ste d and u sed in th e con stru ction
equipm ent, and im p rovem ent of it s property. In d eterm in in g th e value
of flip
th e proper
nroD cnv
tv u
o fi such
&uui w
corp
iiju
oration
iu u u u th e com m ission s h a ll tak
la&ee int/%
into
con sid eration Oil
a ll e lem en ts o f v a lu e th a t m ay render th e decision fair
,,nfj il!St • and said d e te r m in a tio n and fin d in gs sh a ll be prim a f a c e
evidence o f th e fa c ts so fou nd in sa id proceeding or any subsequent
proceedings agaiD st such corp oration in v o lv in g th e r eason ab len ess of a
rate ch arce or cla ssifica tio n , or th e reason ab len ess o f an in crease of »
rate or charge or change o f c la ssifica tio n . F or th e purpose of m aking
forezoin g in
v e s tig a tio n s and d ete r*—*
m in—
n 7th e wcom
m ission
shall
th e ioregoin^
mve&ufeauDuo
~ppmi
uu snail
nvnnrf
nnrl aantio
lautuuom
i r\ ov
have pow er to em ploy exp
ert nmrinoprs
en gin eers and
c co u n
ntn
ta n
n ts
to
exam ine the
nronertv and s ta te m e n ts and rep orts o f such corp oration, and for th is
purpose it sh a ll be th e d u ty o f such corp oration to fu rn ish such enciM eers or th e com m ission fu ll a c ce ss to an y o f its p rop erty.”
Mr SIM M O NS. Mr. P resid en t, it w ill be seen from th e read
in g o f th e am endm ent th a t I h ave m a ter ia lly m odified it since
it w a s offered yesterd ay. I hope th e Senator from W est Vir
ginia m ay se e h is w a y cle a r to accep t th e am endm ent in its
m odified form . I kn ow a s a fa c t th a t som e Sen ators w ho voted
a g a in st th e am endm ent y esterd a y are very m uch in favor of it
to-day. I h ave so m odified it a s to req uire or rather to author
ize__it d oes n ot require th e com m ission to do an yth in g— but I
h ave so m odified it a s to a u th orize th e com m ission, w hen, i u
its judgm ent, su ch findin gs o f fa c t are deem ed n ecessary to a
ju st anil fa ir d ecision o f th e controversy, to m ake a valu ation of
th e p h y sica l property o f th e railroad s, also th e v a lu e o f the
stock s and bonds, and I h ave added th at, in determ in in g th is
qu estion , th e com m ission sh a ll con sid er a ll the elem en ts o f value
n ecessary to a fa ir and ju s t valu ation .
W ith th e se am endm ents, Mr. P resid en t, it is app arent that
th e w h ole m atter is le ft in th e han ds o f the com m ission. The
com m ission is n ot required to m ake an y v a lu a tio n at all, unless,
in its jud gm en t, it is n ecessary th a t it sh ould m ake such valua
tio n in order th a t th ere m ay be a ju s t and reasonable decision
mnncifion
fliQ roo arm f» 1on pee n f a ro to • !*■» ~
CON G RESSIO N A L RECO RD — SE N A T E
1910,
Mr. C H A M B E R L A IN (w h en h is nam e w a s c a lle d ). I am
paired w ith the ju n ior Senator from P en n sylvan ia [Mr. Oli
ver] . I tra n sfer th a t pair to th e ju n ior Senator from Iow a
[Mr. Cu m m in s ] and vote. I vote “ yea.”
Mr. D IL L IN G H A M (w h en h is nam e w a s c a lle d ). I have
fi general pair w ith th e Senator from South C arolina [Mr.
T il l m a n ], and w ith h old m y vote. I f perm itted to vote, I w ould
vote “ n ay.”
Mr. F L IN T (w h en h is nam e w a s c a lle d ). I am paired w ith
the senior Senator from T ex a s [Mr. Culberson ]. I tran sfer
that pair to the senior Senator from P en n sylvan ia [Mr. P en kose ], and vote “ n ay.”
Mr. F O S T E R (w h en h is nam e w a s c a lle d ). I announce my
pair w ith th e senior Senator from N orth D ak ota [Mr. M cC u m ber ],
i f perm itted to vote, I w ould vote “ y e a .”
Mr. JO H N ST O N (w h en h is nam e w a s c a lle d ). I am paired
w ith th e ju n ior Senator from M ichigan [Mr. S m it h ], but my
Pair is tran sferred to the senior Senator from V irginia [Mr.
D a n ie l ], and I vote “ y e a .”
Mr. P ER C Y (w h en h is nam e w a s c a lle d ). I am paired w ith
the ju n ior Senator from K en tucky [ M r . B r a d l e y ] . I f he w ere
present, I should vote “ y e a .”
Mr. O VERM AN (w h en Mr. R a yner ’is nam e w a s c a lle d ). I
w a s req uested to announce th a t th e senior Senator from M ary
land [Mr. R a yn er ], w ho h as been called from th e Chamber,
is paired w ith th e ju n ior Senator from D elaw are [Mr. R ic h
ardson ].
Mr. CLAY (wrhen Mr. R oot’s nam e w a s c a lle d ). I w a s re
quested to announce th a t th e ju n ior Senator from N ew York
[Mr. R oot] is p aired w ith th e senior Senator from F lorida [Mr.
T aliaferro ].
Mr. SM IT H o f South C arolina (w h en h is nam e w a s c a lle d ).
I am paired w ith th e ju n io r Senator from R hode Islan d [Mr.
W etmore ]. I f he w ere here, I w ou ld vote “ y ea .”
The roll ca ll w a s concluded.
Mr. R A Y N E R . I am paired w ith the ju n ior Senator from
D elaw are [Mr. R ich ardso n ], and I w ith h old m y vote.
Mr. JO H N ST O N . I w ish to announce th a t th e ju n ior Sen
ator from T ennessee [Mr. T aylor ] is paired w ith the senior
Senator from N ew Jersey [Mr. K e a n ].
Mr. B A IL E Y . On th is qu estion I am paired w ith th e Senator
from M assach u setts [Mr. L odge], and th erefore w ith h old m y vote.
T he resu lt w a s announced— y e a s 29, n a y s 31, a s fo llo w s:
Bacon
Beveridge
Borah
Bourne
Bristow
Brown
Chamberlain
Clapp
Brandegee
Briggs
Bulkeley
Burnham
Burrows
Burton
Carter
Clark, Wyo.
Aldrich
Bailey
Bankhead
Bradley
Burkett
Clarke, Ark.
Culberson
Cummins
YEAS— 29.
Johnston
La Follette
Martin
Money
Nelson
Newlands
Overman
Owen
NAYS— 31.
Gallinger
Crane
Guggenheim
Cullom
Hale
Curtis
Heyburn
Depew
Jones
Dick
Nixon
du Pont
Page
Elkins
Perkins
Flint
NOT VOTING— 32.
Lorimer
Daniel
McCutnber
Davis
McEnery
Dillingham
Oliver
Foster
Penrose
Frye
Percy
Gamble
Rayner
Kean
Richardson
Lodge
Clay
Crawford
Dixon
Dolliver
Fletcher
Frazier
Gore
Hughes
Paynter
Purcell
Shively
Simmons
Stone
Piles
Scott
Smoot
Stephenson
Sutherland
Warner
Warren
R oot
Smith, Md.
Smith, Mich.
Smith, S. C.
Taliaferro
Taylor
Tillman
Wetmore
So Mr. S im m o n s ’s am endm ent w a s rejected.
....
. ,
Mr. H U G H E S . I offer an am endm ent, w h ich I send to th e desk.
T he V IC E -P R E SID E N T . The am endm ent w ill be stated.
The S ecretary. On page 21, a fter the w ord
section, in
Jine 15, in s e r t:
P r o v id e d , h o w e ve r, That the shipper shall ^nrifi1'^ nv8t““‘I™ t^
fight to determine, where competing lines of
’ *
Lons of a through line or route, over w h ic h of said competing Ii.ie. .
constituting a portion of said through line or..r"11^ , ) f 1‘ U . . f : '
transported : P ro v id e d fu rth e r , That where the shipper si let's ui n
beyond the line of the initial carrier 0
w
snl u coodV for
route or joint rate established, the carrler receiv ng sni i goo^s for
transportation shall not be responsible for loss or injuij to the same
beyond its own line.
Mr. E L K IN S . Mr. P resident, I have been in consu ltation w ith
th e Senator from Colorado on th is am endm ent, and I accept it.
The V IC E -P R E SID E N T . T he question is on agreein g to the
am endm ent o f th e Senator from Colorado.
Mr. B U R T O N . I su ggest a s to the order th at an am endm ent
h as alread y been adopted on page 21. after line 15, and the
am endm ent o f th e Senator from Colorado should eith er follow
th a t or precede it. I ask unanim ous consent th a t th e am end
m ent o f th e Senator from Colorado tak e its place a t the end of
7 2 7 1
lin e 15, and th a t th e other am endm ent adopted th is m orning a t
th at point m ay follow .
Mr. H U G H E S. T h at is satisfa cto ry , Mr. P resid en t.
1 he \ IC E -P R E SID E N T . T he qu estion is on agreein g to the
am endm ent o f the Senator from Colorado.
The am endm ent w a s agreed to.
Mr. H U G H E S. I offer anoth er am endm ent
The V IC E -P R E SID E N T . T he am endm ent w ill be stated
T he S ecretary. On page 8, lin e 14, a fter th e w ord “ th ereo f ”
strike out beginning w ith the word “ an ” to and in clu d in g th e
whirl “ filed,” in fine 23, page 8, and in sert in lieu th ereo f th e
w o r d s:
And the defendants named therein shall enter their appearances
therein, and the pleadings, proceedings, practice, and methods o f taking
testimony shall, save when otherwise herein specially provided for be
in accordance with the practice, procedure and pleading, and taking o f
testimony, under the rules and statutes applicable and in force with
reference thereto in the circuit court o f the United States in similar
cases, suits, and proceedings.
Mr. E L K IN S . I also accept that am endm ent for th e com m ittee.
The V IC E -P R E SID E N T . T he question is on agreein g to the
am endm ent offered by tb e Senator from Colorado.
The am endm ent w a s agreed to.
Mr. E L K IN S. I w ish to offer an am endm ent to com e in a s
the last section o f the b i l l :
S e c . — . That this act shall take effect and be in force from and after
the expiration of sixty days after its passage.
T hat is precisely the u su al provision.
Tbe V IC E -P R E SID E N T . T he am endm ent proposed by the
Senator from W est V irginia w ill be stated.
Tbe S ecretary. It is proposed to add a n ew section a t th e
end o f the bill, as fo llo w s:
S ec . — . That this net shall fake effect and be in force from and after
the expiration of sixty days after its passage.
Mr. E L K IN S. T hat is a com m ittee am endm ent.
T be V IC E -P R E SID E N T . The qu estion is on agreein g to
th e a m en d m en t proposed by th e Senator from W est V irginia.
Mr. D O LLIV ER. W h at is th e occasion o f postpon in g th e
taking effect o f th is act?
Mr. E L K IN S. I think th a t a notice o f six ty d a y s is due to
th e shippers, to the carriers, and to everybody concerned, so
that they m ay m ake th eir arran gem ents to com ply w ith th e
law
T h at is precisely th e H ou se provision.
Air. D O LLIV ER. It seem s to m e th a t th e more tim e th e
railroads get to look into th is m atter th e w orse it w ill be for
the shippers. I t strik es me. w ith the ra tes o f freigh t filed and
going into effect in every part o f th e country, th a t if th e lim ita
tion s o f th is bill are not to tak e effect for six ty d a y s the sk ip
per w ill be in very m uch w orse shape than he now is.
T h e V I C E -P R E S I D E N T .
th e a m en d m en t.
The
q u e s tio n
is
ou
a g r e e in g
to
Mr. LA FO LLETTE. I nsk for th e y e a s and n a y s on th e
amendm ent.
Tbe y e a s and n ays w ere ordered, and th e Secretary pro
ceeded to call th e roll.
Mr. C H A M BER LA IN (w hen h is nam e was called). I have
a general pair w ith th e jun ior Senator from Pennsylvania [Mr.
Oliver ]. I desire to tran sfei th.it pair to th e ju n ior Senator
from Iow a [Mr. C u m m i n s ] and vote. I vote “ nay.”
Mr. F L IN T (w h en bis nam e w a s c a lle d ). I tran sfer m y pair
w ith the senior Senator from T e x a s [Mr. C ulberson ] to th e
senior Senator from P en n sylvan ia [Mr. P enrose ] and vote.
I vote “ yea.”
,
Mr JO H N STO N (w h en h is nam e w a s c a lle d ). I tran sfer
my pair w ith the jun ior Senator from M ichigan [Mr. S m it h ]
to the senior Senator from V irgin ia [M r. D a n ie l ], and vote.
I vote “ nay.”
Mr. CLAY (w h en Mr. R oot’s nam e w a s c a lle d ). I again an
nounce th at th e ju n ior Senator from N ew York [Mr. R oot] is
again
Island [Mr. W e t m o r e ] ,
Mr. W A R R EN (w h en h is nam e w a s c a lle d ). I am paired
w ith the Senator from M ississip pi [Mr. Mo n ey ], and I th ere
fore w ithh old my vote.
The roll call w a s concluded.
Mr. D I L L I N G H A M . I am paired w ith th e senior Senator
from South Carolina [M r . T i l l m a n ] . I f he w ere present, I
w ould vote “ yea.”
M r. B A I L E Y . T he Senator from M assach u setts [Mr. L odge ]
w a s called from the Chamber a few m om ents ago. and I agreed to
keep him paired for th e afternoon. I th erefore w ith h old m y vote.
T he resu lt w a s announced— yeas 32, n a y s 25, a s fo llo w s:
Brandegee
Briggs
Bulkeley
Burnham
Burrows
Burton
Clark, Wyo.
Crane
YEAS— 32.
Cullom
Curtis
Depew
Dick
du Font
Elkins
Flint
Frye
C O N G R E SSIO N A L R E C O R D — S E N A T E .
7272
G a llin g er
Guggenheim
I la le
H eyburn
R acon
R orah
R ourne
B risto w
R row n
C ham berlain
Clapp
A ldrich
D a iley
R ankhead
R everidge
B rad ley
B u rk ett
C arter
. Clarke, Ark.
C ulberson
Page
P erk in s
P ile s
S c o tt
N A Y S— 25.
J o h n sto n
C lay
L a F o lle tte
C raw ford
M artin
D o lliv er
N ew la n d s
F letch er
O verm an
F ra zier
Owen
Gam ble
P a y n te r
Gore
NOT V O T IN G — 35.
M cCumber
C um m ins
M cK nery
D a n iel
M oney
D a v is
O liver
D illin g h a m
P en ro se
D ix o n
P ercy
F o ster
R avner
Kean
R ichardson
Lodge
R oot
L orim er
------------
H ugh es
Jo n es
N elson
N ix o n
Sm oot
S tep h en son
S u th erla n d
W arner
P u rcell
S h iv ely
Sim m ons
S ton e
S m ith , Md.
Sm ith, Mich,
S m ith , S. C.
T a lia fe r ro
T aylor
T illm a n
W arren
W etm ore
So Mr. E l k i n s ’ s am endm ent w a s agreed to.
Mr. S U T H E R L A N D . I offer th e am endm ent w h ich I send to
th e desk.
,
. .
..
T h e V IC E -P R E S ID E N T . T h e am endm ent proposed by the
Sen ator from U ta h w ill be stated .
T he S e c r e t a r y . It is proposed, a fte r th e w ord s “ w ater comp e titio n ,” a t th e end o f section 7, to in s e r t :
P r o v id e d , T h a t such d ete r m in a tio n is m ade w ith in one year a lte r th e
p a ssa g e o f th is act.
J
une
2
Mr B U R T O N . T hen, in th e opin ion o f th e Senator f ro
U tah , it w ou ld stren gth en th e c la u se forbiddin g th e ra llroj) V®
to ch arge m ore for th e in te rm e d ia te h a u l th a n for the long,*
h au l? T h a t w ou ld be th e g en era l effect?
Mr. SU T H E R L A N D . I t w ou ld stren gth en th a t part o f the law
Mr P A Y N T E R . Mr. P re sid e n t-----T h e V IC E -P R E S ID E N T . D o es th e Senator from U tah yie](1
to th e Senator from K en tucky?
Mr SU T H E R L A N D . C ertain ly.
Mr’ P A Y N T E R . I sh ould lik e to su g g est to th e Senator f ron.
Utah" th a t in ste a d o f offering th is am endm ent lim itin g the ti„ *
to tw elv e m onths, he offer an am endm ent, a s a su b stitu te f0p
th e provision th a t is alrea d y in th e bill, th a t th e long-and-short
haul cla u se sh a ll n ot ta k e effect for six m onths, a s original,
provided in th e am endm ent w h ich I offered. T hen n oth in g wifi
> 0 dependent upon th e q u estion o f litig a tio n a t a ll
T he s a i^
neriod o f tim e is m entioned a s in th e long-and-short-haul amend
pent w h ich w a s adopted, e x ce p t under th a t provision the tin*
f its tak in g effect can be postponed in d efin itely by reason Qf
t-h* fa c t th at th ere w a s no lim ita tio n placed in it.
Mr S U T H E R L A N D . I w ill sa y to th e Sen ator from Ken
tuckv th at I had considered th at, and th e only reason I did not
" t it in th at w a y w a s th a t under th is provision the SUb
st« n fiv e p art o f th e c la u se w ill go in to operation a t the end
o f six m S
u n less ap p lica tio n L as been Hied. T h ere ( ,
'' Mr'' p \Y X T K I t. I w ou ld e lim in a te , i f X had th e power, tho,
cla u se e n tire ly w h ich p rovides th a t it sh a ll be continued. Th
railroad s can preven t it from going in to op eration by filing
appncaU on. I recognize th e fa c t th a t w h ere you change ti*
co n d ition s and th e qu estion h a s to be d eterm ined a s to whether
th ey should be perm itted to ch arge le s s for th e longer than
fm*' the shorter distan ce, it w ill ta k e tun e, and. therefore, 1
In an y ca se w here a p p lic a tio n sh a ll h ave been filed before th e com- m e n tio n six m onth s a s a reason ab le tim e in w h ich it m ight t„
m issio n , in accordan ce w ith th e p ro v isio n s o f th is sectio n , u n til a deae
I think the am endm ent w ou ld be very m uch improved if
te r m in a tio n o f such a p p lic a tio n by th e co m m ission.
th e S en ator w ou ld e lim in a te th a t w h ole cla u se and substitute
T h e V IC E -P R E S ID E N T . D o e s th e Sen ator w ish h is am en d th e provision th a t w a s in th e am endm ent w h ic h I origi,m]]
m ent to fo llo w th e am endm ent w h ich w a s agreed to a t th a t offered w h ich w a s th a t th e section sh ould ta k e effect a t the e.n,
o f six m onth s w ith o u t an y r igh t o f th e railroad company t(
p oin t or to precede it?
,, , ,
, .
Mr. S U T H E R L A N D . I t fo llo w s th e so-called long-and-short- prolong or in effect postpone th e g oin g in to op eration of tke
h au l am endm ent.
x ,
provision beyond th a t tim e.
T h e V I C E - P R E S I D E N T . I t w ill b e so n o te d .
Mr P IL E S . Mr. P re sid e n t-----Mr. B U R T O N . I sh ou ld lik e to h ear th a t am en d m en t again
T he V IC E -P R E S ID E N T . D o e s th e Sen ator from U tah yje](1
t0 the Senator from W ash in gton ?
St The' V IC E -P R E S ID E N T . T he am endm ent proposed by th e
Mr SU T H E R L A N D . Y es.
Sen ator from U ta h w ill be again stated .
Mr P IL E S
I sh ould lik e to a sk th e Senator i f th e purpo*,
T h e S e c r e t a r y . In section 7, a fter th e w ords “ a p p lication by o f h is am endm ent is to ta k e th e presen t term in a l or w ater rUt0
th e com m ission ,” it is proposed to in se r t th e fo llo w in g p r o v is o : out o f ex isten ce a t th e ex p ira tio n o f one year?
P r o v id e d , T h a t su ch d eterm in a tio n is m ade w ith in one year a fter
Mr SU T H E R L A N D . U n le ss th e com m ission in th e meantime
th e p a ssa g e o f th is a ct.
h a s m ade an order p erm ittin g th e railroad s in a given case t0
Mr. B U R T O N . M ay I ask th e Senator from U ta h w h a t is
charge m ore for a sh ort h au l th an for a long hau l.
th e object o f th e am endm ent?
Mr P IL E S . Mr. P resid en t, I do n ot th in k th a t th e amend,
Mr. SU T H E R L A N D . T h e purpose is th is : T h e so-called m eat should be adopted. T h e w a te r ra te is presu m p tively a falr
long-and -sh ort-h aul provision co n ta in s a p ro v iso :
1 - 1 te
T h e com m ission, on sev era l occasion s w h ere th e question
T h a t no r a te s or ch arges la w fu lly e x istin g a t th e tim e o f th e p assage
,.„ s bGen litig a ted , h ave held th e ra te to be fa ir and reasonable
o f th is a m en d atory a c t sh a ll be required to be changed by reason of
U n d e r th e circu m stan ces and w ith a ll o f th e w ork th a t this a,.t
th e p r o v isio n s o f th is sec tio n prior to th e ex p ir a tio n o f s ix m on th s
n fte r th e nassa^ e o f th is a ct, nor in a n y ca se w here ap p lic a tio n sh a ll
im poses upon th e com m ission, it seem s to m e th a t it would h,.
h a v e b e e / f i l e d ’ before th e com m ission, in accordan ce w ith th e pro
v is io n s o f th is sec tio n , u n til a d eterm in a tio n o f su ch a p p lic a tio n by alto g eth er u n ju st to th e c o a st country to require an advance in
th eir rates a t th e e x p ira tio n o f one year, if th e commission
th e co m m issio n .
T h e effect o f th a t am endm ent, a s I u n derstand , w ill be th a t sh l]1 l)e unable w ith in th a t tim e to decid e th e question.
fa r a s I am concerned, I hope to see th e in terior country
a t th e e x p ira tio n o f th e s ix m onths, or a d ay before th e six
m on th s exp ires, th e railroad com panies could file th e ir ap p lica h ive fa ir and reason ab le rates, and if it sh a ll be found ujm,u
tio n to con tin u e th e se d iscrim in a tio n s in th e long-and-short- final h earin g th a t by reason o f th e lo w n ess o f r a tes to water
h au l r a tes and th e y m igh t be con tin u ed in effect in d efin itely poin ts the in terior o f th e cou n try is n ot h a v in g th a t fa ir rate
pend ing an inq uiry. T hey m igh t con tin u e in effect for a year to w h ich it is ju s tly e n titled , th en I am w illin g th a t th e water
or tw o or th r e e or fou r years. T h e object o f th is am endm ent n t e should be ra ised ; bu t I do n o t th in k it w ou ld be fa ir to
I f th e com m ission sh a ll be unable
is to com pel a d eterm in ation o f th e qu estion w ith in a year, or adopt th is am endm ent.
i f it is n o t determ in ed w ith in th a t tim e, then the su b sta n tiv e w ith in th e period o f tw e lv e m onth s to d eterm in e th e matter
p art o f th e long-and-short-haul cla u se sh a ll go into operation. then under th e term s o f th e proposed am endm ent w e m ay loo*
L Mr. /B U R TO N . T h at is, th e charge sh a ll n o t be m ore for the to an increase in r a tes a t a ll term in al points.
Mr S U T H E R L A N D . Mr. P resid en t, th e S en a te h a s already
in te rm e d ia te than for th e long haul
Mr. S U T H E R L A N D . T he poin t o f it is th a t th e su b sta n tiv e d eclared by th e am endm ent w h ich w e h a v e adopted that it
p rovision o f th e long-and -sh ort-h aul c la u se sh a ll n ot be held up sl-tll be u n la w fu l for a n y com m on carrier to charge or receive
under any c i r c u m s t a n c e s for longer th a n a year. T h a t is the •mV greater com pensation in the aggregate, and so on, for a
shorter th an for a longer d ista n ce over th e sam e lin e or route.
p oin t o f it.
. . .
. .
„
. . .
. .
]\Ir. B U R T O N . O th erw ise th e provision for a high er in ter T h at is th e su b sta n tiv e provision w h ich w e h a v e pu t into this
bill and th e S en a te h a s thereb y d eclared th a t th a t should be the
m ed iate ra te is n ot effective.
air. S U T H E R L A N D . I f n oth in g is done under th e ap p lica rule and ev ery th in g e lse sh ould be th e exception.
W e m ake an excep tion to th a t by s a y in g :
tion a t th e end o f th e year, th en th e long-and -sh ort-h aul pro
That no rate now in existence shall be changed prior to the expiration
v isio n goes in to o p e r a tio n ; b u t th e com m ission m ay continue
th e ir in v e stig a tio n , and, w h en th e y h a v e conclu ded th e m atter, o f six months.
T h a t is one excep tion . T h e object o f th a t is to enable the
m ay gran t th e railroad com pany a p p lyin g perm ission, if they
find it is w arran ted , to charge m ore for th e sh ort h au l th an they railroad com p an ies to a d ju st th em selv es to th is new rule in
do for th e long. B u t th ey sh a ll n ot co n tin u e for longer th an a th a t tim e.
T hen it provides for an oth er exception, and under the lan
year th e p resent r a te w h ere th ey are ch argin g m ore for the
gu age o f th a t excep tion , if th e railroad com pany files its uppip
sh ort h a u l th an th e y are for th e long hau l.
Mr. S U T H E R L A N D . S ection 7 h a s been am ended sin c e I
proposed th is am endm ent. T h e am endm ent sh ou ld com e in Mr. N E L S O N . A llo w m e to inq uire o f th e S en ator from U tah
w h eth er the old section 7 is n ot th e section th a t w a s strick en
ou t in th e origin al bill?
Mr. S U T H E R L A N D . N o ; the n ew sectio n 7. T h e am endm ent
sh ould com e in a fte r th e fo llo w in g w o rd s:
1910.
CONGRESSIONAL RECORD—SENATE.
The PRESID IN G OFFICER. Sixty-seven Senators have
answered to their names. A quorum is present.
Mr. FLETCHER. I am satisfied that Senators did not under
stand the question before the Senate at the time the vote was
taken on the amendment offered by the Senator from Utah.
I am quite satisfied that the Senate did not understand that the
question w as on the adoption of that amendment as modified
by the amendment offered by the Senator from K entucky; and
I am furthermore satisfied that there was not a quorum of
the Senate present at the time that vote w as taken. I ask, Mr.
President, as a matter of fairness—whether it is a matter of
right or not-----The PRESID IN G OFFICER. The Chair w ill again put the
request. Is there a second to the demand for the yeas and
nays?
The yeas and navs were ordered.
lr. CLAY. W hat is the amendment we are voting on now?
The PRESID IN G OFFICER. The Secretary w ill report the
amendment.
The S e c r e t a r y . At the end of section 7 insert the words
P r o v id e d , That such determination is made within one year after
the passage o f this a c t : P r o v id e d fu rth e r , That if more than one year,
in the opinion o f the Interstate Commerce Commission, is needed to
consider the questions and make such determination o f them, the inter
state Commerce Commission may extend the time beyond one year.
The PRESID IN G OFFICER. The Secretary w ill call the
roll.
Mr. CLAY. Then w e are first to vote on the amendment of
the Senator from Kentucky. Is that correct?
The PRESID IN G OFFICER. The amendment of the Senator
from Kentucky has been incorporated in the amendment of the
Senator from Utah.
Mr. CLAY. B y a vote of the Senate?
The PRESID IN G OFFICER. No; by a m odification of the
amendment of the Senator from Utah, The question is on
agreeing to the amendment as modified.
Mr. HEYBURN. Mr. President, can a Senator accept an
amendment?
Mr. BEVERIDGE. N o; but he can modify his own amend
ment. H e can perfect his own amendment.
The PRESID IN G OFFICER. H e can perfect his own amend
ment.
Mr. BEVERIDGE. And he has perfected it by the modifica
tion.
Mr. HEYBURN. I should like to have voted for the amend
ment of the Senator from U tah before it w as spoiled.
Mr. BEVERIDGE. You can not do it, now that it is per
fected.
The PRESID IN G OFFICER. The Secretary w ill call the
roll.
The Secretary proceeded to call the roll.
Mr. CHAMBERLAIN (when his name w as called). I am
paired w ith the junior Senator from Pennsylvania [Mr. Oliver ].
I f he were present, I should vote “ nay.”
Mr. DILLINGHAM (when his name was called). Owing to
nay, general pair with the senior Senator from South Carolina
[Mr. T il l m a n ] I withhold my vote.
Mr. FLINT (when his name was called). I am paired with
the senior Senator from T exas [Mr. C ulberson ]. I transfer
that pair to the senior Senator from Pennsylvania [Mr. P en
rose ], and vote “ nay.”
Mr. OVERMAN (when Mr. F o s t e r ’s name w as called). I
w as requested to announce that the junior Senator from Loui
siana [Mr. F oster ] is unavoidably absent. li e is paired with
the senior Senator from North Dakota [Mr. McC umber ].
Mr. JOHNSTON (when his name w as called ). I have a
general pair w itli tlie junior Senator from Michigan [Mr.
7341
Mr. SMITH of South Carolina (when his name w as called).
I am paired with the junior Senator from Rhode Island [Mr.
W e t m o r e ] , and withhold my vote.
The roll call w as concluded.
Mr. CLAY. I am paired w ith the junior Senator from New
York [Mr. R oot].
Mr. GALLINGER. I w ish to announce th at the senior Sena
tor from Michigan [Mr. B urrows ] is paired w ith the senior
Senator from Virginia [Mr. D a n ie l ].
Mr. BACON. I desire to announce that the junior Senator
from Virginia [Mr. M a rt in ] has been called from the Chamber
byNllness in his fam ily.
The result was announced—yeas 31, nays 27, as fo llo w s:
Bacon
Beveridge
Borah
Bristow
Brown
Burkett
Burton
Carter
Aldrich
Bourne
Brandegee
Bulkeley
Burnham
Crane
Cullom
Bailey
Bankhead
Bradley
Briggs
Burrows
Chamberlain
Clarke, Ark.
Clay
C u lb e r s o n
Y EA S— 31.
Gore
Jones
La Follette
Nelson
Newlands
Nixon
Owen
Page
NAYS— 27.
Depew
Gailinger
Dick
Guggenheim
du Pont
Hale
Elkins
Hey burn
Fletcher
Hughes
Flint
Kean
Frye
Lodge
NOT VOTING— 34.
Cummins
Martin
Daniel
Money
Oliver
Davis
Dillingham
O v e rm a n
Foster
Penrose
Johnston
Purcell
Lorimer
R ic h a rd s o n
McCumber
R oot
McEnery
Simmons
Clapp
Clark, Wyo.
C rawford
Curtis
Dixon
D olliver
Frazier
Gamble
Paynter
Percy
Rayner
Smoot
Stephenson
Stone
Sutherland
P erk in s
Piles
Scott
S h iv e l y
Smith,' Md.
Warner
Smith, Mich.
Smith, S. C.
T aliaferro
Taylor
Tillm an
Warren
W etm ore
So Mr. S utherland ’s amendment as modified w as agreed to
Mr. BEVERIDGE. I desire to offer an amendment “which r
think was omitted by Inadvertence and which I am sure w ill
commend itself to all Senators. I call particularly the atten
t io n of the Senator from Wisconsin [Mr. L a F o l l e t t e ] to it
Yesterday, or the day before, when the amendment of the
Senator from Wisconsin was agreed to by the Senate, w ith ref
erence to telegraph and telephone companies, the provision pro
hibiting passes to be given excluded the agents, officers and
employees of telegraph and telephone companies. In the case of
the railroads, of course all the employees o f railroad companies
are permitted to have passes. I merely call this matter to the
attention of the Senator and the Senate, and I suggest an
amendment.
The VICE-PRESIDENT. The Senator from Iudiana o ffe r *
an amendment, which w ill be stated.
The S e c r e t a r y . On page 50, line 16, after the word “ omn
numieation,” strike out the period and insert the follow ing •
And provided f u r t h e r . That this provision shall not be c o n s W ,i
p ro h ib it the privilege of passes or franks for the (fibers, a - e n t s
employee* o f such telegraph, telephone, and cable lines and
families.
u m eu
Mr. ELKINS. So far as I can I will accept the amendment
for the committee.
The amendment w as agreed to.
Mr. LA FOLLETTE. By some error or oversight, on n a-e
55 of the bill, as reprinted this morning, there were printed at
the end of section 11, on page 55, tw o amendments run to
gether. They have no relation, and were adopted by the Sen
ate at different times. I think on an inspection of the bill it
will be much better to adopt the amendment on page 55 from
line 4 to and including the word “ analysis,” on line 9 w ith
the word “ t h a t ” stricken out, as an additional paragraph at
S m it h ].
the bottom of page 33, and I ask that it be incorporated in the
Mr. MONEY (w h en h is nam e w a s c a lle d ). I am paired w ith bill at that point.
th e Senator from W yom ing [Mr. W arren ]. H e is not here, and
The VICE-PRESIDENT. The Senator from W isconsin asks
unanimous consent that that portion o f the amendment on nase
I w ith h old m y vote.
Mr. OVERMAN (when his name w as called). I will an 55 included within lines 4 to 9, inclusive, save the word “ P r o
nounce that I am paired with the junior Senator from New v i d e d , ” in line 9, and striking out the word “ That,” in line 4
Jersey [Mr. B riggs], who is unavoidably absent.
be stricken from the bill on page 55, and inserted as an addi’
Mr. RAYNER (when his name was called). I am paired tional paragraph of section 10 at the end of page 33
Mr. LA FOLLETTE. That is right, Mr. President.
with the junior Senator from Delaware [Mr. R ichardson ]. I
transfer that pair to the junior Senator from Tennessee [Mr.
The VICE-PRESIDENT. Is there objection? The Chair
hears none, and that modification w ill be made.
T aylor ], and vote “ yea.”
Mr. SCOTT (when his name w as called). I have a general
Mr. HEYBURN. I would suggest that in the bill as printed
Pair w ith the senior Senator from Florida [Mr. T aliaferro ], this morning, on page 3, in the twenty-fourth line, the word
but I w ill take the liberty of voting because I believe he would “ cir c u it” should be stricken out. The character of the judge
vote the same way that I shall vote. I am not authorized to had already been fixed in the sentence preceding. It is merefv
make this statem ent positively, but I w ill take the risk of a correction of the form. It is not necessary, because it is deal
ing w ith that class of judges.
voting. I vote “ nay.”
7342
CONGRESSIONAL RECORD— SENATE.
J
u n e
s
v »
the United States circuit court, then you encumber the proceeding w ith the present practice, where everything m ust be taken
Mr. BACON. I understand the request of the Senator to be down and brought into court for determ ination under an order
for unanimous consent to strike out the word “ circuit,” in for a rule to purge the record.
Mr. ELKINS. Let me ask the Senator if he proposes to strike
line 23, on page 2.
Mx-. HEYBURN. I can offer it as an amendment. It is out the words “ and taking of testim o n y ? ”
Mr. HEYBURN. Y es; in line 15, the words “ and taking of
obviously incorrect. We ju st before have defined the character
of judges who may sit. It is not necessary to repeat it every testim ony,” so th at you proceed under the rules of the circuit
court a s to matters of pleading, practice, and issue and proceed
tim e that you refer to the order.
Mr. BACON. A s I understand it, the provisions which pre in the taking of testim ony under the very much better rule
cede that relate to the proposed commerce court, w hereas the stated a few lines after that.
Mr. ELKINS. Beginning in line 21:
word “ circuit,” in line 23, is in a paragraph which relates to
T h e c o u r t m a y , b y r u le , p r e s c r i b e t h e m e th o d o f t a k i n g e v id e n c e .
the circuit court and all other U nited States courts, and is not
lim ited to the commerce court.
Mr. HEYBURN. It runs over the page. I would leave that
Mr. HEYBURN. W e have already, on the sam e page, in in. T hat is right.
two cases defined the character of the judge who may be
Mr. ELKINS. I f the clause in line 15 stayed in, there w ould
assigned. Now, that having been done, it is quite sufficient to be conflict?
say “ said judge.”
Mr. HEYBURN. I f it stayed in, there would be confusion
Mr. BACON. Possibly I have not the same print of the bill. because there would be two rules under which testim ony could
The sentence is as follow s:
be taken. One of them w ould be an appropriate rule and the
N o th in g h e re in b e fo re c o n ta in e d s h a ll b e c o n s tru e d a s e n la r g in g th e
other would not.
ju ris d ic tio n n o w p o sse ssed by th e c ir c u it c o u rts of th e U n ite d S ta te s o r
T he V IC E -rR E S ID E N T . Is th ere objection to th e m odifica
tio n ask ed by the Senator from Idaho?
th e ju d g e s th e re o f.
Mr. H E Y B U R N .
N o ; th e Senator h a s th e w rong page.
Mr. BACON. It is page 2.
Mr. HEYBURN. It is opposite th at in the print of th is
morning. T his is th e language:
A f te r th e y e a r 1 914 n o c ir c u it ju d g e s h a ll b e r e d e s ig n a te d to se rv e
o n t h e c o u r t o f c o m m e rc e .
Mr. E L K IN S . I do n o t se e a n y o b je c tio n to th e S e n a to r’s
su g g e stio n .
T h e V IC E -P R E S ID E N T . Is th ere objection to th e su ggestion
o f th e Senator from Idaho?
Mr H U G H E S . I object.
T h e V IC E -P R E S ID E N T . T h e Sen ator fro m C o lo rad o oblo o ts
Mr HUGHES. It w as only yesterday w e voted this in and
then was the time, it seem s to me, if the Senator had objection
to it when he should have presented it. The objection made i8
w ithout force because in the very amendment it s a y s : “ gave
when otherwise herein specially provided,” w hich takes care
of the other portions of the statute. I f there is no provision
made by rule or otherwise, then there should be some method
of taking testim ony. I do not agree th at the present rules of
Mr. H E Y B U R N . I t is m erely in th e in te re st o f a b etter form the federal court tend to pile up volum es in the taking 0f
o f e x p r e s s io n ; th a t is all.
depositions or otherwise. They are abused, as these rules
Mr. BACON. The Senator w ill see if his motion had related w ill be abused, a s the rules of debate are abused, by a vast
to page 2, line 23, it w as a different matter.
accumulation of words w hich are not very h e lp fu l; but if you
The VICE-PRESIDENT. Is there objection to the request of leave that out, you w ill have instances unprovided for by ‘the
the Senator from Idaho th at the word “ circuit,” before the rules adopted by the new court, w ith nothing to comply ‘with
word “ judge,” in line 24, on page 3, be stricken out? The them whatever. I f you leave it in, it only applies where under
Chair hears none.
the provisions of th is act no provision has been made.
Mr. H EYBURN. These suggestions are as to form. H ere is
Mr. HEYBURN. Mr. President, I think if the Senator will
one that is a s to form and substance. On page 9, line 15, the reverse those provisions and place the one providing that the
words “ and taking of testim o n y ” occur. The manner of the testim ony shall be taken under rules to be established by the
taking of testim ony is prescribed in the n ext paragraph, and court in which the testim ony is to be used and put it before the
w e have prescribed two different rules for taking testim ony. other one, he w ill see that the suggestion is not borne out it
F irst it says:
first provides for the taking of testim ony under the rules of
A n d m e th o d s o f t a k i n g t e s t i m o n y s h a l l , s a v e w h e n o t h e r w i s e h e r e i n
the United States circuit court. W e aire all fam iliar w ith them •
s p e c i a ll y p r o v id e d , b e i n a c c o r d a n c e w i t h t h e p r a c t i c e , p r o c e d u r e , a n d
p l e a d i n g , a n d t a k i n g o f t e s t i m o n y u n d e r t h e r u l e s a n d s t a t u t e s a p p l i w e know w hat they are. The Senator from Colorado will con
c a b le a n d in f o r c e w i t h r e f e r e n c e t h e r e t o i n t h e c i r c u i t c o u r t o f t h e
cede that under that practice the testim ony in many cases
U n i t e d S t a t e s i n s i m i l a r c a s e s , s u i t s , a n d p r o c e e d in g s .
covers many volumes. I have in my mind one of tw elve vol
We certainly do not w ant to adopt the method of taking tes umes of testim ony now on file, and the court, in dealing with it
timony in the circuit court of the United States in th is class candidly expressed the opinion th at it all should have been in
of cases, because it is exceptionally burdensome and expensive. one volume. But there w as no power in the officer before whom
The committee have evidently taken th at into consideration the testim ony w as being taken to purge the record; so it all
and have provided a very much simpler way of disposing of it. had to go up to the court. T hat is w hat I w ant to avoid.
I think the Senator probably has suffered the same incon
Only eight lines below it is provided that—
venience as many other practitioners, of having a record piled
T h e c o u r t m a y b y r u l e p r e s c r ib e t h e m e th o d o f t a k i n g e v i d e n c e i n
c a se s p e n d in g in s a id c o u rt.
up for the purpose of making expense. I can readily understand
That is as it should be. I f w e are to take testim ony under that in a case of th is kind the railroad company might inject
dedimus, as in the circuit court of the U nited States, where into the testim ony in a case the reports for years for the pur
everything that is spoken is taken down and w here no ruling pose of comparison, and they might make a record so burdenis made upon the propriety of a question or its answer, w e
I have in mind a case th at is reported in the volum es of the
are going to have records here th at w ill constitute a library.
W ith the power given to the court or the judge who may hear Supreme Court, where the parties, for the purpose of crushing
it, as specifically provided for later in the bill, the court w ill out a litigant, who had the right on h is side but did not have
pass upon the adm issibility of testim ony, and the record will much money, interjected into the record 1,400 pages in just
contain only the offer of testim ony and the ruling of the court about three words as a part of the record, and the other side
thereon, w hile otherw ise.it would contain volum es of testimony. was compelled to print it and take it up to the appellate c o u r t
Every law yer who has had occasion to practice under the But upon the appellate court’s attention being called to it, it
equity rples of the United States courts realizes the enormous purged the record and made the party pay about $1,400 before
expense in these modern days of taking testim ony. Some time it would allow them to argue the case. Now, that is entirely
you may put on a dozen pages w hat w ill be found in that possible if this provision remains in.
The railroad company’s business covers a vast amount of
many volumes, if the court or the officer before whom th e
testim ony is taken is authorized to sift it and determ ine as to records, and in the trial of an ordinary case, involving perhaps
a very sm all sum o f money, they might make the record so ex
its adm issibility.
I like very much the provision that the comm ittee has incor pensive that no litigant could stand it; but if the court is per
porated, that it may be taken under rules prescribed by the mitted to purge the record as it goes along of matters that
court and that it may, if they so order, be taken before a single are not necessary or pertinent, it w ill keep down the expense
judge of the court, w ith power to rule upon the admission of and the court w ill alw ays have supervision over it, while, on
evidence. That is as it should be. B ut if w e leave in this ex the other hand, if the suit is brought and an issue framed, a
pression, that it shall be taken as under the rules o f equity of party m ight sue out a dedimus and go roving around the counMr. BACON. On w hat page does the Senator read?
Mr. HEYBURN. I am reading from page 3 o f th is morning’s
print.
Mr. CULLOM. In w hat line?
Mr. H E Y B U R N . Line 24. It is a mere m atter o f form.
Mr. BACON. I w as m istaken altogether a s to w hat the
Senator alluded to.
1910.
CONGRESSIONAL RECORD—SENATE.
The V IC E -P R E SID E N T . I f there is no objection th e am end
m ent w ill again be reported.
T he S ecretary. Add, a t th e end o f section 1, th e follow in g
p r o v iso :
P ro v id e d , T h a t no person hold ing an y official relation to a n y common
carrier subject to th e p rovisions o f th is act, or ow nin g stock or bonds
th ereof, or w ho is in an y m anner pecuniarily in terested th erein, sh all
be app ointed or d esig n a ted and assign ed a s a judge o f th e court of
com m erce, or en ter upon th e du ties of or hold such ju d icia l office.
A11C r e s u lt w a s m m uunccu — y e a s
n a y s i>^, a s lu m m 'o • *- Y E AS— 29.
R ayner
H ugh es
B acon
Clapp
S h iv ely
Jones
B everidge
C lay
Sim
m ons
La
F
o
lle
tte
B orah
C raw ford
Sm ith, S. C.
N ew lands
B ourne
D ixon
Stone
Owen
B risto w
D o lliver
P a y n te r
B row n
F letch er
Percy
B u rk ett
F razier
P u rcell
B urton
Gore
N A Y S— 32.
Page
Gamble
A ldrich
C urtis
P erkin s
G uggenheim •
D epew
B randegee
P ile s
H ale
D ick
B ulkcley
S c o tt
Heyburn
B urnham
du P o n t
Sm oot
Kean
Carter
E lk in s
Step
henson
Lodge
Clark, W yo.
F lin t
Su therland
N elson
Crane
F ry e
W
arner
N ixon
G allin ger
Cullom
NO’I VOTING— 31.
Sm ith, Md.
M cE nery
B ailey
Cum m ins
Sm ith. Mich.
M artin
D aniel
B ankhead
T
aliaferro
M oney
D a v is
B rad ley
T aylor
O liver
D illin g h a m
B riggs
T
illm an
O verm an
F o ste r
B urrow s
W arren
P enrose
J o h n sto n
C ham berlain
W
etm ore
R
ichardson
L orim er
Clarke, Ark.
R oot
M cCumber
C ulberson
So Mr. L a F ollette’s am endm ent w a s rejected.
Mr. LA F O L L E T T E obtained th e floor.
Mr. B E V E R ID G E . Mr. P resid en t-----Mr. LA F O L L E T T E . I yield to th e Senator from Indiana.
Mr. B E V E R ID G E . I propose th e am endm ent I send to the
desk.
The V IC E -P R E S ID E N T . T he Secretary w ill report the
am endm ent.
The S ecretary. Add a t th e end o f th e b ill a new section, as
f o llo w s :
S ec . — . T h a t no Senator, R ep resen ta tiv e in C ongress, and no secre
tary or oth er em ployee o f such a C ongressm an or Senator, and no Juage
or em ployee o f any court, and no officer, em ployee, or a g en t or th e g o v
ernm ent o f th e U n ited S ta te s, and no officer, agent, or em ployee or
an y sta te govern m ent sh a ll, d ir e c tly or in d irectly, accept any tee, re
w ard, g ift, or an y o th er m a tter o f a n y v a lu e w h a tev er from any cor
poration or person engaged in in te r s ta te commerce, or from any omcer,
agent, or em ployee th ereof. A ny v io la tio n o f th is provision, eith er by
the person, corporation, ag en t, or em ployee, or an y person or corpora
tion engaged in in te r sta te com m erce, or by anyon e accep tin g an y tee,
g ift, or rew ard, d irectly or in d irectly , sh a ll be considered g u ilty or a m is
dem eanor, and on co n v ictio n th ereo f sh a ll be fined n o t less than $oUU or
be im prisoned for n o t le ss th a n one year, or both.
T he V IC E -P R E S ID E N T . T he question is on agreeing to the
am endm ent p resented by th e Senator from Indiana. [P u ttin g
tb e qu estion .] T he n oes seem to h ave it.
Mr. B E V E R ID G E . I ask for the y e a s and nays.
T he y e a s and n a y s w ere not ordered.
The amendment w as rejected.
, .
,,
Mr. L A F O L L E T T E . I propose the a m e n d m e n t I send to tne
desk.
Mr. B E V E R ID G E . B efo re th e am endm ent o f the Senator
from W isconsin is offered, I ask a division.
Mr. LA FO L L E T T E . I w ith d raw the amendm ent.
Mr. B E V E R ID G E . I serve notice I w ill offer it in the Senate.
T he V IC E -P R E S ID E N T . T he Senator from In diana asks
for a d iv isio n on w h at?
Mr. B E V E R ID G E . A d ivision on m y am endm ent.
The V IC E -P R E S ID E N T . The Senator from In diana ask s
for a division on his am endm ent.
,. . .
.
T he qu estion being put, there w ere on a d ivision ayes 1 ,
hoes 39.
So Mr. B kveridge’s am endm ent w a s rejected.
The V IC E -P R E S ID E N T . T he Senator from W isconsin [Mr.
L a F ollette] again presen ts h is am endm ent, w h ich the Secrotary w in sta te
„ The S ecretary. On page 10 o f th e la st reprint o f the bill,
line 7, strik e out th e w ords ii by th e C hief Ju stice o f the I m ted
S t a t e s ” and in lieu th ereof in sert:
T, And a ssig n ed th ereto by th e ju stic e s o f the Suprem e Court o f the
U nited S ta te s, a m ajority o f its members concurring th erein.
Mr. LA F O L L E T T E . Mr. P resident, I w ish to say ju s t a
Word, i t seem s to m e too im portant a m atter to leave th e d esig
nation o f th e m em bers o f th is court to one man, th e C h ief J u s
tice o f the Suprem e Court o f the U n ited S tates. I believe there
are reasons w h ich w ill com m end th em selves to th e M embers
° f th is body w hy, a fter the P resid en t has m ade th e d esign a
tion o f th e ju d ges for th is com m erce court, the vacancies w hich
7347
V om e in th e futu re, th e d esign ation s to be m ade hereafter
Should be m ade by th e en tire m em bership o f th e Suprem e Court
Instead o f by a sin gle m em ber o f th a t body.
T he am endm ent w h ich I have offered com m ended its e lf to
the H ou se o f R ep resen tatives and w a s adopted th ere bv an
overw h elm ing vote. I subm it it, Mr. P resident.
The V IC E -P R E SID E N T . T he qu estion is on agreein g to th e
am endm ent subm itted by the Senator from W isconsin
Mr. CARTER. Mr. P resident, before th e qu estion ‘is pu t on
the pending am endm ent— an am endm ent to w h ich I am onnosed
and a g a in st w h ich m y vote sh all be recorded— I deem it annro
p riate to refer to an am endm ent passed upon som e m om ents a eo
A Senator presented to th is bill an am endm ent th e purport o f
w hich w a s th a t no jud ge o f a court o f the U n ited S ta te s should
preside in a cau se in w hich he w a s d irectly or in d irectly in ter
ested a s a director or stockholder o f a railroad or transp ortation
com pany.
I regarded th a t am endm ent a s offen sive to th e in telligen ce o f
every law yer in th is Chamber. T he votes o f th e M em bers o f
th e Senate on th a t identical qu estion have heretofore been
paraded over th is country a s in d icatin g th e d esire o f those w ho
voted ag a in st it to have ju d ges preside in th eir ow n cause
It is w ell th a t th e fa c t should be understood th a t th e action
o f a judge in presiding in h is own cau se h as been reversal error
from th e cru dest d ays o f our system o f ju risprud en ce
N ever
in an y country, never under any form o f governm ent h a s th e
right o f any man been recognized to pass upon h is own* cau se
in a court o f ju stice. T he juror w ho conceals h is in terest a n d
su rrep titiou sly pollu tes the fou n tain o f ju stic e by a ctin g a s a
juror in a case in w hich he is in terested g iv es occasion
„
reversal o f th e ju d g m en t T he ju d ge w h o w illfu lly a n d d e
lib erately conceals h is in terest in a pending ca u se and con"
cealing crim in ally, ven tu res to pass upon th e m erits in h is
own behalf, not only presents a case o f reversal error hi t
renders h im self su bject to im peachm ent, and he w ould be im
peached a t the bar o f the S enate and driven in d isgrace from"
th e high place he holds. In the ligh t o f th e sta te o f the la w
and the history o f the law and the cou rts o f th e w orld is" it
not aston ish in g th a t anyone w ould present an am endm ent nro
vid in g th a t a jud ge should not preside in a c a se in w h ich he
w a s financially or o th erw ise interested?
I think th a t th is m uch should be said in order th a t th e sta te
o f th e law may be understood; th a t th e d ign ity o f the cou rts
m ay be justified in th is presence; th a t the in telligen ce o f th ose
w ho h ave stood behind our system o f jurisp ru d en ce m av he
vindicated. I am sorry the am endm ent w a s presented because
I know th a t there is not a law yer in th is presence w ho w ill n o t
agree w ith every sentim ent I have uttered and every sta tem en t
I have made.
Mr. BO RAH . Mr. P resident, in v iew o f th e fa c t th a t I vntoti
for th is am endm ent, I desire to say on ly a w ord in ju stifica tio n
o f my vote.
It is qu ite true, a s the Senator from M ontana h a s statcri
th a t no judge is perm itted to sit in jud gm en t in a m atter whevom
he is interested. It is fun dam ental in our jurisp ru d en ce and T
presum e th a t no one would offer an am endm ent here for the
purpose o f covering th a t principle, w h ich is so w ell em bodied in
our system o f jurisprudence.
I w a s not o f the im pression a t th e tim e I voted for th is
am endm ent th a t I w a s votin g for an am endm ent w h ich covered
th a t general principle, and I am not so inform ed a t p resent
I
supposed I w a s exten ding th e p rincip le w h ere it m ay not be
considered to go w ithou t le g isla tiv e aid. T h e fa c t is th a t th is
is an am endm ent w hich is found in m any o f th e sta tu tes o f the
different States. It covers th e princip le w h ich th e Senator
from M ontana sa y s is a general principle. In other w ords it
is designed to exten d th at principle so th a t there m ay no q u es
tion arise. F or instance, in the C om m odities case, decid ed by
th e Suprem e Court o f th e U n ited S tates, it w a s held th a t a
stockholder w a s not a party in in terest under th e c la u se th ere
designatin g a party in interest. So, in th is instan ce, if th a t rule
w ere applied, it w ould not exclu d e a jud ge w ho had such an
interest. It w as designed to cover th a t w h ich th e general prin
cip le does not cover, but based upon th e sam e general proposi
tion and designed to protect th e courts o f ju s tic e from th e in
fluence o f any possible selfish interest.
Mr. P resident, I am one o f th ose w ho believe th a t th e ju
diciary system o f th e U n ited S ta tes is th e grea test ju d ic ia ry
system in th e w orld to-day. I am one o f th ose w ho believe
th a t it is th e m ost rem arkable m onum ent to the insp ired genius
o f the fath ers, the m ost rem arkable in tellectu a l achievem en t,
stan d in g sin g le and alone in th e w h ole history o f govern m en t
and governm ental in stitu tion s.
B ut, Mr. P resident, th is am endm ent w h ich h as been offered
for th e purpose o f protecting th e great fu n d am en tal princip le
7348
CONGRESSIONAL RECORD— SENATE.
J UKe 3.
C h ief J u stic e an a sso c ia te ju s tic e a c ts for th e tim e being i«
w h ich lie s a t th e b a sis o f our g r ea t ju d icia ry system is in sig
position .
1
n ifica n t ind eed com pared w ith th a t w h ich w e are en g ra ftin g
Mr. B A IL E Y . N o a sso c ia te ju s tic e can be C h ief r
upon our ju d iciary, crea tin g a court o f com m erce, w h ic h is in
ex officio or C h ief J u s tic e pro tem pore. T he C h ief Juan
con trad iction and in fu n d a m e n ta l v io la tio n o f every princip le app ointed by th e P re sid e n t o f th e U n ited S ta te and
K uncu o m ie s anu eon a— K
u p o n w h ich th e g rea t ju d ic ia ry sy stem o f th e U n ite d S ta te s is bv
by th e Senate. I doubt, i f th e S en a te sh ould be in adjourn '““,1
foun ded. I f w e are going to e n g r a ft upon our grea t ju d icia ry
w h eth er th e P resid en t w ou ld be w illin g to appoint a C hief T 1**’
sy stem an extra n eo u s proposition, th ere is ev er y reason w h y w e
tice du rin g th e interim . T h a t happened once, and the
*
sh ould throw around it every sa fe g u a r d and every protection
J u stic e fa ile d o f confirm ation. I need not go into tho r ‘“f
th a t w ill protect th e system a s it e x is ts to -d a y ; and no m an w liv th a t confirm ation fa ile d , but it did, and th e court * '1*
sh ould be p erm itted to s it upon th a t cou rt or a n y oth er cou rt w ith ou t, a s it m igh t be again, a C h ief J u stice. I think it L
w h o lias any in te re st in th e su b ject-m atter, eith er d irect or indibe better if th e m atter sh ou ld p a ss th is w a y as one oov,
*
TGCt.
a ll con tin gen cies rath er th a n a s a reflection upon the < v
I f th e gen eral p rin cip les o f la w do n o t cover it, th en it
sh ould be covered by sta tu te, and I voted fo r it n ot a s ca stin g J ustice.
Mr C A R TER . T h is am endm ent proposes to m ake th is
..
a reflection upon our ju d ic ia r y ; I voted fo r it fo r th e puriiose th e action o f a m a jo rity o f th e m em bers o f th e court
‘
f>n
o f e x ten d in g th e p rincip le an d in corp oratin g it in to th e sta tu te,
Mr. B A IL E Y . T h e cou rt could on ly a c t through a
so th a t th ere m igh t be no m ista k e ab ou t it, an d th a t w e w ou ld
Mr C A R TER . T h is is n o t cou rt a ctio n here proposed ♦ y
kn ow th a t th e b ill had, even in t h is ex tra n eo u s proposition an action o f a m em ber o f th e court. In vacation , for in st, ’ "
th a t is e n g ra fted a s a m atter o f p o litic a l exp ed ien cy, th e sam e it m igh t be ex trem ely difficult to secu re th e c o n c u r r e n t , ,
p ro tectio n 'w h ich su rroun ds th e grea t ju d ic ia ry system itse lf.
m ajority o f th e m em bers o f th e Su prem e Court.
Court
Mr. L A F O L L E T T E . Mr. P resid en t, I ju s t w a n t to sa y a word
Mr. B A IL E Y . I t m igh t in th e v a c a tio n o f tlie court,
in rep ly to th e criticism o f th e am en d m en t upon w h ich action v a cation o f th e cou rt m igh t n o t be id en tica l w ith th e v
w a s tak en du rin g th e tem p orary absen ce from th e C ham ber o f
o f th e Senate.
th e S en a to r from M ontana [M r. Carter ]. I f it is su ch an o f
Mr. i n n r i.xv. -in u k ^ ■"V,
uince of
fe n se to incorp orate in th is sta tu te th is provision a s ap p licab le C h ief J u stic e it m igh t be w ell to h a v e provision m ade that t
to th e ju d g es o f th e court o f com m erce, a s su ggested by th e S e n a senior a sso cia te ju stic e sh ould m ake th e d esign ation . R ut t,T
tor from M ontana [M r. C arter ], w h y sh ould it h a v e been put theory o f m aking a so rt o f to w n m eetin g o f th e Suprem e Coo,.,
in to th e o r ig in a l la w w ith respect to th e In te r sta te Com m erce seem s to m e rath er obn oxious, -that g reat cou rt represents i}„
C om m ission ers? I h a v e copied th e p rovision s o f th a t sta tu te ju d ic ia l pow er o f th e U n ited S ta tes, and it is entitled to kT
m ak in g th e m atter ap p licab le here.
h ig h est possib le resp ect in th e le g isla tiv e cham ber, a s I
I t does seem to m e th a t w h en w e are cre a tin g a sp ecial court th e Senator from T e x a s read ily agrees.
h ere under circu m stan ces w h ich r a ise d ou b ts in th e m in d s o f I I su g g est th a t som e other am en d m en t m igh t be better if
m an v o f th e S en ators a s to its w isd om w e are ta k in g on ly a ! i S th e purpose m erely to p rovide a g a in st a contingency' whi /
w ise precau tion , one w h ich w e ow e to th e cou rt itse lf, th a t w e m ight a r ise in c a se o f a Aacancy in th e C h ief J u sticesh ip
'*
sh a ll throw around it a ll o f th e sa fe g u a r d s p o ssib le to rob th e am endm ent could w e ll proA-ide th a t in su ch an event th.
criticism o f its edge an d o f its point.
senior presiding a sso cia te ju s tic e sh ould d e sig n a te th e person
Mr H E Y B U R N . Mr. P resid en t, to send ou t to th e w orld th e
Mr. B A IL E Y . Mr. P resid en t, I fe el th a t profound res '
id ea th a t becau se a Sen ator voted a g a in st t h is am endm ent he w h ich every law-yer is ta u g h t to fe e l fo i th e ju d iciary, aim !
w a s in fa v o r o f m en occu pying th e ju d ic ia l p osition con tem th in k it is one o f th e g lo ries o f th is G overnm ent th a t In till „ 1
p lated under th is b ill or under an y other law- sittin g in ca ses m ore than a hundred y e a r s o f its e x isten ce w7e have had ,7
in w h ich th ey h ad an y in terest, d irectly or in d irectly w o u ld be scan d al in th a t g rea t trib u n al.
‘ iT fn m ou s su ggestion . T o send ou t su ch a su ggestion to th e
I h ave no apprehension, sir, th a t an y m an occupying +h,
w orld b ased upon th e fa c t th a t a m an voted a g a in st th is am end p osition w ill ever dem ean h im se lf in a w a y un w orthy of i ,
m ent ’i repeat, w ou ld b e an in fam ou s perform ance.
g reat office. N on e o f th em haAe don e it and, in m y judgm,,,,,
Mr’ C A R T E R . Mr. P resid en t, th e a n alogy presen ted b y th e
. . I , n r i i i Un it
Tndoofl. I b elieve th a t n
,
lfSen ator from W iscon sin b etw een th e court o f com m erce here from th e profession and e lev a ted to th a t grea t em inence if
proposed and th e In te r sta te Com m erce C om m ission does not. w ere not good w h en h e w a s app ointed to it, w ou ld become k,k‘‘,
I su b m it to th e Senate, find w a r ra n t in th e case. T h e In ter in th e sig h t o f a ll h is countrym en .
sta te Com m erce C om m ission is an a d m in istr a tiv e body, created
I t does n ot enter m y m ind th a t eith er th e C h ief Justice op
bv th e C ongress to carry ou t its w ill in a c a se w h ere th e Con an y A sso c ia te J u s tic e w ill a c t u m vorth ily, and for th at reason
g r ess can n ot in th e n atu re o f th in g s a d m in iste r th e d e ta ils I w ou ld a s soon tr u st them a ll a s to tr u st an y sin gle one of
d ir ec tly
T h e In te r sta te Com m erce C om m ission is bu t e x e r them . I th in k it no reflection th a t w e Avould ask for the jn<ir
c isin g a le g isla tiv e fu n ctio n under c er ta in r u les and r eg u la tio n s m ent o f th e cou rt a s a g a in st th e ju d gm en t o f a sin g le member
prescribed by th e C ongress.
I venture to say, Mr. P resid en t, it does n o t a lw a y s hap,,,..'
On th e other hand, Mr. P resid en t, th e cou rt o f com m erce here
th a t th e C h ief J u stic e is m ore fa m ilia r Avith th e qualifications
proposed is in tru th and fa c t a cou rt p resid ed over by m em bers
o f th e v a riou s c ircu it ju d g es o f th e U n ited S ta te s than his nSs<)
o f th e circu it court o f ap p eals o f th e U n ite d S ta te s d esign ated
c ia te s are. I t w ill o ften happen th a t m any o f h is associates
in orderly fa sh io n under th e term s o f th e la w to serve for th e
on the bench a r e o f longer serv ice th an th e C h ief Ju stice hi,,'
tim e being a s m em bers o f th is im p ortan t court. E very prin cip le
se lf because, u n fortu n ately, in th e course o f natu re, v a c a n c y
o f law7 every ru le o f procedure ap p licab le to th e h ig h est court in
and’ app ointm en ts occur in th a t a s w e ll a s in every other po8j
th e land, w ill, o f course, app ly to th is cou rt o f com m erce and
tion on th a t bench. I f w e are seek in g to procure the best m<ni
th e ju d g es p resid in g over i t
.
T he V IC E -P R E S ID E N T . T he qu estion is on ag reein g to th e for th is p articu lar service, th en I th in k w e m ig h t w ell afford
am endm ent offered by th e Sen ator from W isco n sin [M r. L a F ol- to ta k e th e ju d gm en t o f th e en tire bench.
I v en tu re to sa y th a t no C h ief J u stic e w ou ld m ake the an
lette]
pointm ent w ith o u t co n su ltin g h is a sso cia tes, and if any Chief
Mr. L A F O L L E T T E . On th a t I a sk fo r th e y e a s an d n ays.
J u stic e w ou ld do it h e is th e very C h ief J u stic e w ith whom i
T he y e a s an d n a y s w ere ordered.
w ou ld n ot w an t to lodge th e pow er.
Mr LO DG E. I should lik e to h a v e th e am endm ent read.
A fter all, th e am endm ent does no m ore in th e la w than what
T he V IC E -P R E S ID E N T . W ith o u t objection , th e Secretary
w ould be done in practice. I th in k it w ou ld be m uch bettor f,,r
w ill a g a in read th e am endm ent.
us to vote on it w ith o u t an y su ggestid n th a t w e can not trust
T he Secretary a g a in read Mr. L a C o l l e t t e ’s am endm ent.
the ju d ges, eith er one o f them , or all o f them .
Mr C A R TER . Mr. P resid en t, Joh n Ja y, John M arshall, and
W h ile I am on m y fe e t, Mr. P resid en t, I w a n t to say that I
a ll tlie g r ea t departed C h ief J u stic e s o f th e Su prem e C ourt o f do not th in k th e am endm ent o f th e Sen ator from W isconsin
th e U n ited S ta te s m igh t w e ll tu rn in th e ir g r a v es in con tem p la
about th e in te re st o f th e ju d g es an y reflection on th e judiciary
tion o f th is th e first reflection proposed to be c a st in th e le g isla unless, indeed, th e p resen t la w is a reflection on them .
tiv e h a lls o f th e U n ited S ta te s upon th e C h ief J u s tic e s o f th is
I did n ot v o te for th e am endm ent, being called out of tho
and su cceed in g tim es.
Cham ber for a m om ent, and I w ou ld not h a v e voted for it, h,
Mr. B A IL E Y . Mr. P resid en t, I w o u ld n o t h a v e it understood cau se I belieA-e i t is n ow th e law , and I th in k th a t to repeat the
th a t I in ten d a n y reflection upon th e C h ie f J u s tic e by votin g la w m igh t p ossib ly im ply som e reflection. B u t certain ly it is no
for th is am endm ent. B u t th e Sen ator overlook s th e fa c t th a t reflection on a ju d ge to in sis t th a t h e sh a ll h ave no interest in
from tim e to tim e a vacan cy m igh t e x is t in th e office o f th e a c a se w h ich h e is ca lled upon to decide, for, a s th e Senator
C h ief J u s t ic e ; and i f it did, under tlie b ill a s draw n, th ere could from M ontana h a s w e ll said, th a t h a s been th e ru le in every
be no d esign ation , no m atter how im p ortan t it m igh t be.
en ligh ten ed jurisp ru d en ce under th e sun. Indeed, Lord Coke
Mr. C A R TER . T h e S en ator from T e x a s w ill rea d ily u n d er
once sa id th a t th e on ly la w th e B r itish P a rlia m en t could not
sta n d th a t even in th e case o f a v acan cy in th e office o f the
IS
1910.
CONGRESSIONAL RECORD— SENATE.
appoint these judges. That being decided to the contrary, I
would be perfectly w illing that the Chief Justice should do so;
hut I am now perfectly w illing that the whole court should do
so. i t does not involve any reflection on the President of the
united States that the Senate has determined that he should
not make the appointments. It eertainly does not involve any
reflection upon the Chief Justice of the Supreme Court that the
whole court should act. My own view is that the President, the
Chief Justice, or the court itself, all told, would act patriotically
and honestly. I do not see that there is any great difference or
aily great reflection on anyone. Certainly w e would not reflect
upon the President if w e should determine that the Chief Jus
tice should make these appointments, nor do w e reflect upon the
Chief Justice when w e determine that the court shall make/
them.
So I do not think, Mr. President, that a reflection upon any
thing or anybody enters into this discussion. There certainl
can not be any harm that the whole court shall determine th
question. There is no reflection upon the Chief Justice, aiky
more than there would be on the President, who usually, and far
a hundred years, has determined these questions and mai
these appointments, that it is taken out o f his hands and p
into the hands of the Chief Justice. Therefore I shall vote fo e
this amendment w ithout in the least intending to reflect upon
anybody; and I seriously regret that that question has been
introduced into this discussion.
Mr. GORE. Mr. President, I w ish to say that I appreciate
the splendid and sublimated eloquence which has centralized
this discussion. I also appreciate the overwrought sentim ental
ity which has characterized the speeches of certain Senators;
rlA see no reason to “ put on airs ” about th is business.
T his is a practical matter of government and should be dealt
w ith in a practical way. The Chief Executive of this Republic,
W h o i s charged w ith the selection of judges, does not possess
in fa llib ility ; he is not exempt from the universal liability of
human nature to err. H e might possibly make a bad selection.
7
sure that no one would in sist that infallibility is an at
tribute of every President o f the United States.
Mr. President, for my part, I agree w ith Thomas Jefferson
When he said that judges are as honest a s other men, and not
more so. Sir, that is the beginning and the end of the true
estim ate of judges. There is no process by which you can met
amorphose a dishonest man into an honest judge. I know of
no ointment that w ill consecrate a bad man off the bench into
a good man upon the bench. Sir, I w ish that there were such
an ointment and such a consecration.
Thomas Jefferson w ent even further. H e said, sir, that if
the liberty of the American people ever perished it would be
through the instrum entality of the federal judiciary, w ith their
life tenure.
Mr. President, I agree w ith Abraham Lincoln when he sa id :
PeoPle
these United States are the rightful masters o f both
Congresses and courts, not to overthrow the Constitution, but to over
throw the men who pervert the Constitution.
I f I remember correctly, Mr. Lincoln, in h is inaugural ad
dress, indicated that he did not possess unlimited faith in the
sanctity or infallibility either of the federal judges or the
federal courts. I apprehend that if a select court had been pro
vided to try cases arising under the fugitive slave law, Sen
ators here would have objected to the Chief Justice then pre
siding designating the judges to serve upon that court.
I make these observations w ith no intention to disparage
the memory of any m an; but I doubt if the Senator from
Maine [Mr. H ale ], if the Senator from Idaho [Mr. H e y b u b n ]
if the Senator from Montana [Mr. Carter ], would then have
contended that the Chief Justice should have designated the
special court. I doubt if the fathers of the Republican party
would have consented to intrust that power to Chief Justice
Taney, the author of the Dred Scott decision. I remember that
this charge was prevalent at the time, that the Chief Justice
m that decision had poured out the pent-up villainies of a life
time. Mr. President, I quote from the literature of the time
that the Chief Justice had poured out the pent-up villainies of a
lifetim e.
Now, sir, there is no reason why w e should affect such a
sentim entality to-day. I hope that there never w as a judge, and
I hope that there never w ill be a judge, who would prostitute
the powers of liis exalted station. I trust that no other official
of this Republic w ill so deviate from the path of duty. But,
su’, we require these judges to take an oath to support the
onstitutiom and the laws of the United States. Why impeach
their integrity? Why reflect upon their patriotism? Why re“ outll? Why compel a judge to compromise his selfconsenting to support the Constitution and laws of
e united States? We have, indeed, had a long and illustrious
7351
line of Chief Justices, and I trust th at line w ill continue w ith
undimmed and undiminished luster. But, sir, the doctrine that
the court can do no wrong is as fatuitous a s the doctrine that
*k'c
c&n do no wrong. Judges are possessed, I take it,
of the ordinary virtues and the ordinary frailties that “ flesh
isj keir
I hope that judges, Senators, Representatives, and
a ll other officials w ill prove equally fa ith fu l to their trust yet
we should omit the erection of no safeguard th at contributes
to the w ise and ju st administration of the law.
contriDutes
The VICE-PRESIDENT. The question is on agreein0- to the
amendment offered by the Senator from W isconsin [Mr L a
F ollette], and upon that the Secretary w ill call the roll'
>■ The Secretary proceeded to call the roll.
The VICE-PRESIDENT. ’ W ithout objection, the''amendment
w ill be again read.
Mr. LA FOLLETTE. I understand the yeas and nays have
been ordered.
The VICE-PRESIDENT. They have.
The S ecbetaby . On page 10, line 7, strike out the words
“ by the Chief Justice of the United States ” and insert the words
“ and assigned thereto by the justice o f the Supreme Court of
the United States, a majority of its members concurring
therein.”
Mr. BEVERIDGE. So as to read-----The S ecbetaby . S o that, if amended, it w ill r e a d :
T he ju dges o f th e court o f com m erce sh a ll be d esign ated and a ssign ed
th ereto by th e ju stic e o f th e Suprem e C ourt of th e U n ited S ta te s, a
m ajority o f its m em bers concurring th erein, w ith in n in ety d ays a fter
th e p a ssa g e o f th is act.
v -t,
. — . .. " —— —
and th erefore w ith h old m y vote.
ipvir. S m it h ],
Mr. OVERMAN (w hen his name w as called ). I again an
nounce my pair w ith the junior Senator from New Jersey TMr
B kiggs] for to-day.
Mr. RAYNER (when his name w as called ). I am paired w ith
the junior Senator from Delaw are [Mr. R ich ardso n ]. I trans
fer that pair to the junior Senator from Virginia [Mr. M a rtin i
and vote. I vote “ yea.”
Mr'
PONT (w hen Mr. R ichardson ’s name w as called).
My colleague [Mr. R ich ardso n ] is necessarily absent. I f he
were present and free to vote, he would vote “ nay.”
t
SCOTT (when his name w as ca lle d ). The announcement
I made on a former roll call w ill stand for this one. I vote
nay.”
Mr. SM ITH of South Carolina (when his name w as called).
t
announce my pair w ith the junior Senator from Rhode
Island [Mr. W e t m o b e ] .
Mr. WARREN (when his name w as called ). I have a gen
eral pair w ith the Senator from M ississippi [M r. M o ney ]” I
therefore withhold my vote.
A
The roll call w as concluded.
Mr. GORE. I w ish to announce that my colleague rWr
O w e n ] is paired w ith the junior Senator from Nevada Mr
N ix o n ].
L
*
Mr. KEAN. I desire to announce th at my colleague TMr
B riggs] is paired w ith the Senator from North Carolina rMr*
Overm an ]. My colleague is necessarily absent.
The result w as announced—yeas 18, nays 39,'as follow s:
YEA S— 18.
Bacon
Bailey
Beveridge
Bourne
Bristow
Clapp
D olliver
Fletcher
Frazier
Gore
Aldrich
Borah
Brandegee
Brown
Bulkeley
Burkett
Burnham
Burton
Carter
Clark, W yo.
Crane
Cullom
Curtis
Depew
Dick
Dillingham
Dixon
du Pont
Elkins
F lint
B ankhead
B radley
B riggs
B urrow s
C ham berlain
Clarke, Ark.
Clay
Crawford
C ulberson
NOT VOTING— 35.
Cummins
Money
Daniel
Nixon
Davis
Oliver
Foster
Overman
Johnston
Owen
Lorimer
Penrose
MeCumber
Richardson
McEnery
R oot
Martin
Smith, Md.
La Follette
N ew lan d s
Paynter
Percy
Purcell
NAYS— 39.
Frye
Gallinger
Gamble
Guggenheim
Hale
Heyburn
Hughes
Jones
Kean
Lodge
Rayner
Shively
Simmons
Nelson
Page
Perkins
Piles
Scott
Stephenson
Stone
Sutherland
W arner
Smith, Mich,
Smith, S. C.
Smoot
T aliaferro
T aylor
Tillm an
Warren
Wetmore
So Mr. L a E ollette s am endm ent w a s rejected.
Mr. LA FOLLETTE. I offer the amendment I send to the
CIGSiCt
I he VICE-PRESIDENT. The Senator from W isconsin of
fers an amendment, which the Secretary w ill report.
735 2
C O N G R E SSIO N A L REC O R D — S E N A T E .
Mr L A F O L L E T T E . I ask to h a v e th is am endm ent read
and req uest th e a tten tion o f th e S e n a te to th e reading, in th e
hope th a t I m ay n ot fe e l it n ecessa ry to sa y an y th in g in e x
p lan ation a fter it is read.
I count it an am endm ent o f suprem e im portance. I f I m ay
be perm itted to sa y so, a fter v alu ation , i t is th e m ost im p ortan t
am endm ent w h ich can be su bm itted to th e in terstate-com m erce
act
L t provides for a fu ll equip m ent o f th e com m ission to deal
w ith th e 240,000 m ile s o f railroad s com m itted to it under th e
in terstate-com m erce law . I t is n o t giv in g th e com m ission any
a d d ition al pow er over th e railroad s, b u t is sim ply* equipping
it to m eet th e resp o n sib ilities im posed by th e p resen t law . I
a sk th e a tten t
@FedFRASER