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CONGRESSIONAL RECORD
CONTAINING

THE PROCEEDINGS A ID DEBATES

SIXTY-SECOND CONGRESS, SECOND SESSION.




t

YOLTJME XLYIII.

W A S H IN G T O N :

I

1




V O L U M E X L V I I I, P A R T X III.

CONGRESSIONAL




RECORD.

SIXTY-SECOND CONGRESS, SECOND SESSION.
/

INDEX










N A M E S

A N D

P O S T -O F F I C E

A D D R E S S E S

OF

SENATORS
IN THE
SECOND

SESSION OF TH E

Ja m e s

Name.
Aslmrst, Henry F -------Bacon, Augustus O-----Bailey, Joseph W -------Bankhead, John H -----Borah, William E ------Bourne, Jonathan, jr__.
Bradley, William O----Brandegee, Frank B —
Briggs, Frank O---------Bristow, Joseph L ------Brown, Norris-------------Bryan, Nathan P --------Burnham, Henry E-----Burton, Theodore E----Catron, Thomas B ------Chamberlain, George E.
Chilton, William E-----Clapp, Moses E-----------Clark, Clarence D -------Clarke, James P ---------Crane, W. Murray------Crawford, Coe I ---------Culberson, Charles A__.
Cullom, Shelby M-------Cummins, Albert B -----Curtis, Charles---------—
Davis, Jeff------------------Dillingham, William P_
Dixon, Joseph M---------du Pont, Henry A --------Fall, Albert B -------------Fletcher, Duncan U----Foster, Murphy J--------Gallinger, Jacob II------Gamble, Robert J--------Gardner, Obadiah 1
------Gore, Thomas P ----------Gronna, Asle J------------Guggenheim, Simon-----Heyburn, Weldon B -----Hitchcock, Gilbert M---Johnson, Charles F------Johnston, Joseph F ------Jones, Wesley L ----------Kenyon. William S ------Kern, John W _________
Da Follette, Robert M—
Lea, Luke______________
Lippitt, Henry F ----------

S.

Sh e r m a n ,

Prescott, Ariz.
Macon, Ga.
Gainesville, Tex.
Jasper, Ala.
Boise, Idaho.
Portland, Oreg.
Louisville, Ky.
New London, Conn.
Trenton, N. J.
Salina, Ivans.
Kearney, Nebr.
Jacksonville, Fla.
Manchester. N. II.
Cleveland, Ohio.
Santa Fe, N. Mex.
Portland, Oreg.
Charleston, W. Ya.
St. Paul, Minn.
Evanston, Wyo.
Little Rock, Ark.
Dalton, Mass.
Huron, S. Dak.
Dallas, Tex.
Springfield, 111.
Des Moines, Iowa.
Topeka, Kans.
Little Rock, Ark.
Waterbury, Vt.
Missoula, Mont.
Winterthur, Del.
Three Rivers, N. Mex.
Jacksonville, Fla.
Franklin. La.
Concord, N. H.
Yankton, S. Dak.
Rockland, Me.
Lawton, Okla.
Dakota, N. Dak.
Denver, Colo.
Wallace, Idaho.
Omaha, Nebr.
Waterville, Me.
Birmingham, Ala.
North Yakima, Wash.
Fort Dodge, Iowa.
Indianapolis, Ind.
Madison, Wis.
Nashville, Tenn.
Providence, R. I.

el ref o T by111o- ,i'i'. hu C 0 f W ilI,am I>- Frye’ deceased, and subsequently
■
0




CONGRESS..

Vice President, Utica, N. Y,

Home post office.

-’ E /e c tk n declared invalid by Senate July 13, 1912.
Appointed in place o f George S. Nixon, deceased.

S IX T Y -S E C O N D

Name.

Home post office.

Lodge, Henry Cabot----------------- Nahant, Mass.
Lorimer, W illiam 2
------------------- Chicago, 111.
McCumber, Porter J---------------- Wahpeton, N. Dak.
McLean, George P ------------------- Simsbury, Conn.
Martin, Thomas S------------------- Charlottesville, Ya.
Martine, James E -------------------- Plainfield, N. J.
Massie, W. A.3
-------------------------- Reno, Nev.
Myers, Henry L ---------------------- Llamilton, Mont.
Nelson, Ivnute------------------------- Alexandria, Minn.
Newlands, Francis G----Reno, Nev.
Nixon, George S.4
----------Reno, Nev.
O’Gorman, James A ------New York City.
Oliver, George T ----------Pittsburgh, Pa.
Overman, Lee S------------Salisbury, N. C.
Owen, Robert L ------------Muskogee, Okla.
Page, Carroll S-------------Hyde Park, Yt. .
Paynter, Thomas LI-------Frankfort, Ky.
Penrose, Boies--------------Philadelphia. Pa.
Percy, Le Roy---------------Greenville, Miss.
Perkins, George C----------Oakland, Cal.
Poindexter, Miles----------Spokane, 1Va sh.
Cantoh, Ohio.
Pomerene, Atlee-------------Baltimore, Md.
Rayner, Isidor--------------Kansas City, Mo.
Reed, James A --------------Dover, Del.
Richardson, Harry A -----New York City.
Root, Elihu-------------------Chattanooga, Tenn.
Sanders, N ew ell5
-----------South Bend, Ind.
Shively, Benjamin F-----New Bern, N. C.
Simmons, F. M--------------Smith, Ellison D-----------Florence, S. C.
Snow Hill, Md.
Smith, John Walter------Atlanta, Ga.
Smith, Hoke------------------T u cson , A riz.
Smith, Marcus A -----------Grand Rapids, Mich.
Smith, William Alden----Provo, Utah.
Smoot, Reed____________
Marinette, Wis.
Stephenson, Isa a c--------Jefferson City, Mo.
Stone. William J-----------Salt Lake City, Utah.
Sutherland, George--------Chatham, Ya.
Swanson, Claude A ------Nashville, Tenn.
Taylor, Robert L.°-----------Alexandria, La.
Thornton, John R ----------Trenton, S. C.
Tillman, Benjamin R ------Townsend, Charles E ------Jackson, Mich.
Warren, Francis E ---------Cheyenne, Wyo.
Watson, Clarence W -------Fairmont. W. Ya.
Wetmore, George P-------Newport, It. I.
Williams, John Sharp----Cedar Grove Farm, R. F. D. No.
Benton, Miss.
Works, John D --------------Los Angeles, Cal.
* Died .Tune 5, 1912.
® Appointed in place o f Robert L. Taylor, deceased.
0 Died March 31, 1912.




N A M E S

A N D

P O S T -O F F I C E

A D D R E S S E S

OF

R E P R E S E N T A T IV E S A N D

DELEGATES

IN THE

SECOND

SESSION

OF T H E

SIXTY-SECO N D

CONGRESS,

C h a m p C l a r k , Speaker, Bowling Green, Mo.

Name.

Home post office.

Adair, John A. M
Adamson, Will inn\P
Aiken, Wyatt
................
Ainev. w ' d . B 1 '
Akin, Theron
Alexander. .Toslma W
Allen, Alfred G
Ames, Holler
Anderson, riari n

Portland, Ind.
Carrollton, Ga.
Abbeville, S. C.
Montrose, Pa.
Akin, N. Y.
Gallatin, Mo.
Cincinnati, Ohio.
Lowell, Mass.
Fostoria, Ohio.
Lanesboro, Minn.
Andrus, John F
Yonkers, N. Y. An sherry. Timothy T
Defiance, Ohio,
_____
Anthony, D. It., jr
Leavenworth, Ivans.
Ashbrook. William A
Johnstown, Ohio.
Austin, Richard W
Knoxville, Tenn.
Ayres, Steven H
.........
New York, N. Y .
Pittsburgh, Pa.
Barchfeld, Andrew J
Barnhart, Henry A
Rochester, Ind.
St. Louis, Mo.
Bartholdi, Richard
Bartlett, flharlesT,
Macon, Ga.
Bates, Arthur T,
Meadvilie, Pa.
Rathriek, Til. R
Akron, Ohio.
Beall, .Tack
. . ...
Waxahacliie. Tex.
Gainesville, Ga.
Bell, Thomas M
Milwaukee, W is.
Berger, Victor L
..... Philadtelphia, Pa.
Bingham, TTenrv TT,2
Blackmon, lfred T,
Anniston. Ala.
Rnehne John W
Evansville, Ind.
Hoolier, ("diaries F
...... .
. Savannah, Mo.
........ Kansas City, Mo.
Borland, William P
Pittston, Pa.
Bowman, Charles C _ _
Bradley, Thomas W
_ . Walden, N. Y.
Brantley, William G----------------- Brunswick, Ga.
New Iberia. La.
Kingwood, W. Va.
Brown inn’, Wihinm J.s
......... Camden. N . J.
Chicago, III.
Buchanan, Frank
- __ Cleveland, Ohio.
Rulkley, Robert J
Gonzales, Tex.
Burgess, George F
Burke, Hilaries T
T
Pierre, S. Dak.
Burke James F
. Pittsburgh, Pa.
Beaver Dam, W is.
Burke, Michael E
Austin, Tex.
Burleson, Albert S _
_
Gadsden, Ala.
Burnett, John T,
Butler, Thomas S
. __ West Chester, Pa.
Aiken, S. C.
By ru e s .Tam es F
.............
B y r n s , J oseph W
Nashville, Tenn.
C a ld e r William AT
.......... Brooklyn, N . YComanche, Tex.
Callaway, Oscar
C a m p b e ll P h ilip P
........
rittsburg. Ivans.
Candler, Ezekiel S., j r
_
- - Corinth, Miss.
Danville, 111.
Cantrill, James C
_
- - Georgetown, K y .
Alexandria, Va.
Ardmore, Okla.
Milwaukee, Wis.
Catlin, Theron E *------------------- St. Louis, Mo.
1 Elected in place of George W . Kipp, deceased.
* Died March 23, 1912.




Name.

Home post office.

Olnrk, Ghnmp
......
Clark, Frank'
.......
Claypool, Horatio O
Clayton, Henry D
Cline, Cyrus
_ _
Collier, James W
Connell, Richard E
Conry, Michael F
Cooper. Henry A
Copley, Tra C _
................
Covington, .T TTarry
___
Cox, Janies M
Pny, William E
Crago, Thomas S
Pra von s, Ben
Crumpacker, Edgar D
Pnllop, William A
PnrTey, James A
T
Currier, Frank D
Curry, George
Da HeR, John
Danfnrth, Hem’y G
_ .....
Daugherty, James A
Davenport, James S
Davidson, .TamesTT
Davis, PharlesR
Davis, John W
p p Forest, Henry S
Tlent, S. Hubert, jr
Denver Matthew R.
Hiekinson, Piement P
Dieksou, William A
Dies, Martin
f ...
Difenderfer, Robert E_________
Dixon, Lincoln
Dodds, Francis T
T
Donohoe, Michael
Doremns, Frank E
Donghton, Robert T,
....
Draper, William T
T
Driscoll. Daniel A
_
Driscoll, Michael E____________

Bowling Green, Mo.
Gainesville, Fla.
Ohiilicothe, Ohio.
Eufaula, Ala.
Angola, Ind.
Vicksburg, Miss.
Poughkeepsie, N. Y.
New York, N. Y.
Racine, Wis.
Aurora, 111.
Easton, Md.
Dayton, Ohio.
Jasper, Ind.
Waynesburg, Pa.
Fort Smith, Ark.
Valparaiso, IndVincennes, Ind.
Boston, Mass.
Canaan, N. II.
Tularosa, N. Mex..
Pittsburgh. Pa.
Kochester, N. YWebb City, Mo.
Vinita, Okla.
Oshkosh, Wis.
St. Peter, Minn.
Clarksburg, W. Va..
Schenectady, N. Y.
Montgomery, Ala.
Wilmington, OhioClinton, Mo.
Centerville, Miss.
Beaumont, Tex.
Ashbourne, Pa.
North Vernon. Ind.
Mount Plea sant, MichPhiladelphia, Pa.
Detroit, Mich.
Laurel Springs, N. C.
Troy, N. Y.
Buffalo, N. Y.
Syracuse, N. Y .
T
New Orleans, La,.
Dryden, N. Y.
St. Louis, Mo.
Edwards, Charles G----------------- Savannah, GaMarion, S. C.
La Crosse, Wis.
Estopinal, La.
Chicago, 111.
TfaiivOiiM Peorve W
Oneonta, N. Y.
Faison, John M------------------------ Faison, N. C.
Scranton, Pa.
Fergussou, FI. B _
_
Albuquerque, N. Mex.
Ferris, Scott.
. .....
Lawton, Okla.
Fields, William J
— _ . Olive Hill, Ky.
Finley, David E
Yorkville, S. C.
3 Elected In place of H . C. Loudenslager. deceased.
' Seat successfully contested by Patrick F. Gill.

8

LIST OF MEMBERS
Names and post-office addresses of Representatives and Delegates of the House of Representatives— Continued.
Name.

Home post office.

Fitzgerald, John J
Brooklyn N Y
Flood, Henry D
Appomattox, Ya.
Floyd, John C
Yellville Ark.
Foeht, Benjamin K _
Lewisburg, Pa.
Fordney, Joseph W
Saginaw, Mich.
Fornes, Charles V
. New York, N. Y.
Foss, George E
. Chicago, 111.
Burlington, Yt.
Foster, David. J.1 _
Foster. Martin T)
Olney, 111.
Fowler. T . Robert
T
Elizabethtown, 111.
Francis, William R
Martins Ferry, Ohio.
Moscow, Idaho.
French, Burton L
Fuller, Charles E
Belvidere, 111.
Gallagher, Thomas
Chicago, 111.
Gardner, Augustus P
Hamilton, Mass.
_
_
Gardner, John J
Egg Harbor City, N. J,
Garner, John N.
Uvalde, Tex.
Dresden, Tenn.
Garrett, Finis J
George, Henry, jr
New York, N. Y.
Gill, “Patrick F.2
'
St. Louis, Mo.
Gillett. Frederick H
Springfield, Mass.
Glass, Carter
Lynchburg, Va.
Dunn, N. C.
Godwin, Hannibal L
_
_
Goeke, J. H
Wapakoneta, Ohio.
Goldfogle, Henry M
New York, N. Y.
Cedar Rapids, Iowa.
Good, James W
Warren, Ark.
Goodwin, William S
Gould, Samuel W
Skowhegan, . Me.
Graham, James M
Springfield, 111.
Gray, Finly H
Connersville, Ind.
Green, William R.
Audobon, Iowa.
Greene, Frank L.3 _
_ __ . St. Albans, Yt.
_
Fall River, Mass.
Greene, William S
Palestine, Tex.
Gregg, A.' W
Greensburg, Pa.
Gregg, Curtis T
T
Griest, William W
Lancaster, Pa.
Asheville, N. C.
Gudtrer. James M., jr
Dover, Me.
Guernsey, Frank E
Jersey City, N. J.
Ha mill, .Tames A ...............
Niles, Mich.
Hamilton, Edward E
Grantsville, W. Ya.
Hamilton, John M
Hamlin, Courtney W
Springfield, Mo.
St. James, Minn.
Hammond, Winfield S
Hanna, Louis B
„ . Fargo, N. Dak.
Hardwick, Thomas W
Sandersville, Ga.
Corsicana, Tex.
Hardy, Rufus
Harris, Robert 0
. . E. Bridgewater, Mass.
Harrison, Ryron P
Gulfport, Miss.
New York, N. Y.
Harrison, Francis B
Hollidaysburg, Pa.
Hartman, Jesse L
Northwood, Iowa.
Haugen, Gilbert 1T
S
Hawley, Willis C_____________ Salem, Oreg.
Madison, Va.
Hay, James
_
_
_
Hayden, Carl
_ _____
Phoenix, Ariz.
Hayes, Everis A
San Jose, Cal.
Heald, William H
Wilmington, Del.
Heflin, J. Thomas
Lafayette, Ala.
Helgesen, Henry T _
Milton, N. Dak.
_
_ _ Stanford, Ivy.
Helm, Harvey
Henry, E. Stevens
Rockville, Conn.
Henry, Robert L
_ __ Waco, Tex.
Hensley, Walter L
Farmington, Mo.
Higgins, Edwin W _
Norwich, Conn.
Hill, Ebenezer .T
Norwalk, Conn.
Hinds, Asher C ___
Portland, Me.
Hopson, Richmond P
Greensboro, Ala.
Holland, E. E
Suffolk, Va.
Houston, William C
____ Woodbury, Tenn.
Howard, William S
Decatur, Ga.
Howell, Joseph
Logan, Utah.
Howland, Paul
Cleveland, Ohio.
Hubbard’ Elbert TT
.4
Sioux City, low’a.
Hughes, Dudley M
Danville, Ga.
Hughes, .Tames A
Huntington, W. Va.
Hughes. William
Paterson, N. J.
Hull, Cordell
Carthage, Tenn.
Humphrey, William E
Seattle. Wash.
Humphreys, Benjamin G_____ Greenville, Miss.
1 Died March 21, 1912.
2 Successfully contested seat of Theron E. Catlin.
8 Elected in place of David J. Foster, deceased.




Name.

Home post office.

.Taeksnn, Fred S
Eureka, Ivans.
Jacoway, Henderson M
. Dardanelle, Ark*
James, Ollie M
Marion, Ivy.
Johnson, Ben
Bardstown, Ivy.
Johnson, Joseph T
Spartanburg, S. C.
•Tones, William A
Warsaw, Va.
Kalin, Julius
San Francisco, Cal.
_____
Kendall, N. E
__
Albia, Iowa.
Kennedv. Charles A
Montrose, Iowa.
Kent, William
Kentfield, Cal.
Kindred, John .T
Long Island City, N. Ye
Kinkaid, Moses P
O’Neill, Nebr.
Kinkead, Eugene F
Jersey City, N. J.
Kiteliin, Claude
Scotland Neck, N. 0.
Kn owl and, Joseph R
Alameda, Cal.
Konig, George
Baltimore, Md.
Kewaunee, Wis.
Konop, Thomas F
Platteville, Wis.
Kopp, Arthur W
Indianapolis, Ind.
Korblv, Charles A
Pullman, Wash.
La Follette, William L
Portland, Oreg.
Lafferty, A. W
York, Pa.
Lafean, Daniel F
Richmond, Va.
Lamb. John
Langham, Jonathan IV
Indiana, Pa.
Langley. John W
Pikeville, Ivy.
North Adams, Mass.
Lawrence, George P
Chickamauga, Ga.
Lee, Gordon
Lee, Robert E
_
__ .. Pottsville, Pa.
Charleston, S. C.
Legare, George S_
_
Superior, Wis.
Lenroot, Trvine L
Lever, Asbury F______________ Lexington, S. C.
New York, N. Y.
L ew . Jefferson M
Lewis, David J_______________ Cumberland, Md.
Little Falls, Minn.
Lindbergh. Charles A
Brooklyn, N. Y.
Lindsaj7 George H
,
Baltimore, Md.
Linthicum, J. Chas
Charleston, W. Va.
Littlepage, Adam B
Port Washington, N. Y.
Littleton. Martin W
Slielbyville, Mo.
Llovd. James T ......
Lobeck, C. O
Omaha, Nebr.
Lougworfb, Nicholas
Cincinnati, Ohio.
Loud, George A
Au Sable, Mich.
McCall, Samuel W
Winchester, Mass.
South Orange, N. J.
McCoy, Walter I
McCreary. Ceorge T
T
Philadelphia, Pa.
Chicago, 111.
McDermott, James T
McCillienddy, Daniel .T
Lewiston, Me.
Pawnee, Okla.
McGuire, Bird
McHenry, John G.
_
_
Benton, Pa.
McKellar, Kenneth D.! _
Memphis, Tenn.
McKenzie, John C____________ Elizabeth, 111.
McKinley, William B
Champaign, 111.
McKinney, James
Aledo, 111.
McLaughlin, James C
Muskegon, Mich.
McMorran. Henry
Port Huron, Mich.
Macon. Robert R
Helena, Ark.
Madden, Martin B
Chicago, 111.
Maguire, John A
Lincoln, Nebr.
Maher, James P
_______ _ Brooklyn, N. Y.
Malby, George R.°
Ogdensburg, N. Y.
Mann, James R
_
Chicago, 111.
Martin, Eben W
Deadwood, S. Dak.
Martin, John A
_
_ _ Pueblo, Colo.
Matthews, Charles
New Castle, Pa.
Mays. Dannitte T
T
Monticello, Fla.
Miller, Clarence B
Duluth, Minn.
Mondell, Frank W
Newcastle, Wyo.
Moon. .Tohn A
Chattanooga, Tenn.
Moon, Reuben O
Philadelphia, Pa.
Moore, J. Hampton
Philadelphia, Pa.
Moore, John M
Richmond, Tex.
Morgan, Dick T
Woodward, Okla.
Morrison, Martin A
Frankfort. Ind.
Morse, Elmer A
Antigo, Wis.
Moss, Ralph W
_ _
Center Point, Ind.
Mott, Luther W
Oswego, N. Y.
Murdock, Victor
Wichita, Ivans.
Murray, William F
Boston, Mass.
4 Died .Tune 4, 1912.
5 Elected in place of ti«srge W . Gordon, deceased.
6 Died July 5, 1 9 1 ^

9

LIST OF MEMBERS
N a m e s a n d p o s t-o ffic e a d d r e s s e s

o f R ep r e se n ta tiv e s and

D e le g a te s o f th e H o u se o f R ep resen ta tiv es

Name.

Home post office;.

Name.

Modesto, Cal.
Needham, James C------------Hutchinson. Kans.
Neeley, George A.1-------------Madison, Wis.
Nelson, John M-----------------McCook, Nebr.
Norris, George W -------------Minneapolis, Minn.
Nye, Frank M-------------------Providence, R. I.
O’ Shaunessy, George F ------Batesville, Ark.
Oldfield, William A -----------Harrisburg, Pa.
Olmsted, Marlin E ------------Columbia, Tenn.
Padgett, Lemuel P------------Biscoe, N. C.
Page, Robert N------------------Stroudsburg, Pa.
Palmer, A. Mitchell----------St. Leonard, Md.
Parran, Thomas----------------New York, N. Y.
Patten, Thomas G-------------Curwensville, Pa.
Patton, Charles E ------------Auburn, N. Y.
Payne, Sereno E--------------Muscatine, Iowa.
Pepper, Irvin S-----------------Boston, Mass.
Peters, Andrew J--------------Pickett, Charles E -------------------1 Waterloo, Iowa.
Nortlifield, Yt.
Plumley, Frank----------------Pittsburgh, Pa.
Porter, Stephen G------------Washington, Ohio.
Post, James D ------------------Smithfield, N. C.
Pou, Edward W --------------Barbourville, Ky.
Powers, Caleb-------------------Fort Benton, Mont.
Pray, Charles N---------------Galesburg, 111.
Prince, George W -------------Des Moines, Iowa.
Prouty, S. F--------------------Lake Charles, La.
Pujo, Arsen e P ----------------Carrollton, 111.
Rainey, Henry T --------------Alturas, Cal.
Raker, John E -----------------Sherman, Tex.
R an d ell, Choice B ------------------------ Lake Providence, La.
Ransdell, Joseph E----------------Marion, Ind.
Rauch, George W --------------------- Brooklyn, N. Y.
Red field, William C----------------- Minneapolis, Kans.
Itees, Rollin It------------------------- Meriden, Conn.
Reilly, Thomas L --------------------- Philadelphia, Pa.
Reyburn, William S----------------- Huntsville, Ala.
Richardson, W illiam--------------- New York, N. Y.
Riordan, Daniel J-------------------- Carson City, Nev.
Roberts, E. E --------------------------- Chelsea, Mass.
Roberts, Ernest W ------------------- Lonoke, Ark.
Robinson, Joseph T ------------------ Thomasville, Ga.
Roddenbery, S. A — ---------------- East St. Louis, 111.
Rodenberg, William A ------------- Reading, Pa.
Rothermel, John II------------------- Burlington, Ky.
Rouse, Arthur II---------------------- Lebanon, Mo.
Rubey, Thomas L --------------------- Fort Logan, Colo.
Rucker, Atterson W ------------------ Iveytesville, Mo.
Rucker, William W -----------------Russell, Joseph J---------------------- Charleston, Mo.
Sabath, Adolph J --------------------- Chicago, 111.
Saunders, Edward W --------------- Bleak Hill, Ya.N. J.
Scully, Thomas J -------------------- South Amboy,
Sells, Sam ___________________ Johnson City, Tenn.
Shackleford, Dorsey W ----------- Jefferson City, Mo.
Elyria, Ohio.
Sharp, William G------------------Texarkana, Tex.
Sheppard, Morris------------------Louisville, Ky.
Slierley, Swager--------------------Toledo, Ohio.
Sherwood, Isaac R ----------------Simmons, James S------------------ Niagara Falls, N. Y.
Linden, Tenn.
Sims, Thetus W --------------------Winona, Miss.
Sisson, Thomas U____________
San Antonio, Tex.
Slayden, James L ------------------Big Stone Gap, Ya.
Slemp, C. Bascom____________
Geneva, Nebr.
Sloan, Charles II--------------------

Continued.

Home post office.

N. C.
Buffalo, N. Y.
Charlotte, Mich.
Pontiac, Mich.
Bakersfield, Cal.
Colorado, Tex.
Tampa, Fla.
Oil City, Pa.
Chicago, 111.
Henderson, Ky.
Greensboro, N. C.
Crookston. Minn.
Fremont, Nebr.
New Albany, Miss.
Vernon, Tex.
Los Angeles, Cal.
Bloomington, 111.
St. Paul, Minn.
Peoria, 111.
Manchester, N. II.
New York, N. Y.
Grand Rapids, Mich.
Sw itzer, R obert M ------------------------ Gallipolis, Ohio.
Taggart, Joseph3
-------------------- Lawrence, Kans.
Talbott, J. Fred. C------------------- Lutherville, Md.
Talcott, Charles A ------------------- Utica, N. Y.
Taylor, Edward L., jr -------------- Columbus, Ohio.
Taylor, Edward T -------------------- Glenwood Springs, Colo.
Taylor, George W -------------------- Demopolis, Ala.
Thayer, John A ----------------------- Worcester, Mass.
Thistlewood, Napoleon B --------- Cairo, 111.
Thomas, Robert Y., jr -------------- Central City, Ky.
Tilson, John Q------------------------- New Haven, Conn.
Towner, Horace M------------------- Corning, Iowa.
Townsend, Edward W ------------- Montclair, N. J.
Tribble, Samuel J-------------------- Athens, Ga.
Turnbull, Robert--------------------- Lawrenceville, Va.
.
Tuttle, William E., j r ---------------- Westfield, N. .T
Corning, N. Y.
Underhill, Edwin S
Underwood. Oscar W --------------- Birmingham, Ala.
Westerly, Ii. I.
Utter, George II-----------Philadelphia. Pa.
Vare, William S.4
--------Granite Falls, Minn.
Volstead, Andrew J------Salamanca, N. Y.
Yreeland, Edward B -----Tacoma, Wash.
W arb u rton , S tan ton -------Minden, La.
Watkins, John T ----------Shelby, N. C.
Webb, Edwin Y------------Ann Arbor, Mich.
Wedemeyer, William W_
Newton, Mass.
Weeks, John W ------------Canton, Ohio.
Whitacre, John J----------Marietta, Ohio.
White, George
St. Francisville, La.
W ie ld iffe, R obert C .a------------------Wilder, William H ------------------- Gardner, Mass.
Willis, Frank B ------------------------ Ada, Ohio.
Wilson, Frank E---------------------- B rooklyn, N. Y.
Wilson, William B ------------------- Blossburg, Pa.
Wilson, William W ------------------ Chicago, 111.

Small, John II-------------------------Smith, Charles B ---------------------Smith, J. M. C_________________
Smith, Samuel W --------------------Smith, Sylvester C------------------Smith, William R --------------------Sparkman, Stephen M-------------Speer, Peter M------------------------Stack, Edmund J--------------------Stanley, Augustus O----------------Stedman, Charles M----------------Steenerson, Halvor-----------------Stephens, Dan V.2
-------------------Stephens, Hubert D ----------------Stephens, John H --------------------Stephens, William D ---------------Sterling, John A ______________
Stevens, Frederick C--------------Stone, Claudius U-------------------Sulloway, Cyrus A -----------------Sulzer, William----------------------Sweet, Edwin F -----------------------

W ithersp oon, S. A -------------------------

Wood, Ira W --------------------------Woods, Frank P ----------------------Young, II. Olin------------------------Young, I. D -------------------------Young, James-----------------------

W ash in g ton ,

M eridian, M iss.
Trenton, N. .T
.
E stherville, Iow a.
Ishpem ing, M ich.
Beloit, K an s.
K a u fm a n , Tex.

delegates .

—___ _____________ __________
K ala n ian a ole, Jonah

I\_.-------------- H onolulu, H a w a ii.

\v lCKerSmllli, jauiu^

Fairbanks, Alaska.

RESIDENT COMMISSIONERS.
San Juan, P. II.
Quezon, Manuel L_____________




M an ila,
M an ila,

P. I*
P. I.

-------------------------------- — .
&Died June 11, 1912.

place

---------------------- -------------




-

—

A .

f j

CONGRESSIONAL RECORD
O’SH A U N ESSY— Continued.

Bills and join t resolutions introduced by
Taylor, C h arles: to increase pension (see bill H . R. 1 8 8 3 0 ), 1404.
Terwilliger, M artha E. : for relief (see bill H. R. 2 2 4 2 1 ), 3860.
Tourjee, J. H . : to increase pension (see bill II. R. 1 5 8 7 6 ), 400.
Towne, Oscar F. : to increase pension (see bill H . R. 1 5 5 5 7 ), 288.
Tucker, Josephine: to pension (see bill H. R. 1 5 5 5 3 ), 288.
Turner, Susana A . : to increase pension (see bill II. It. 2 5 3 6 2 ),
8214.
to increase
pension (see bill II. It. 1 5 5 6 3 ),
Yose, Elizabeth A .
288.
to increase
pension (see bill H . R. 2 1 6 9 9 ),
W arner, James L.
3120.
pension (see bill H . R. 2 3 1 5 8 ),
W eaver, Joseph N. : to increase
4570.
pension (see bill II. R. 2 6 3 9 0 ),
W ells. W illiam P . : to increase
11641.
W estcott, M a r y : to pension (see bill H . R. 1 6 2 5 3 ), 465.
W estgate, Maria L. : to increase pension (see bill H . R. 1 5 5 5 8 ),
288.
W hiteside, W illia m : to pension (see b.ill H. R. 1 9 9 1 6 ), 1936.
W illis, W illiam : to increase pension (see bill H . R. 2 5 8 7 2 ), 9351.
W insor, M ary A . : to increase pension (see bill H . R. 1 9 1 0 6 ), 1560.
W ood, Edgar It. : for relief (see bill II. R. 2 4 1 0 2 ), 5795.
Woodcock, Em m a S . : to increase pension (see bill H . R. 1 5 5 5 9 ),
288
W orsley, Pardon : for relief of heirs (see bill H . R. 1 7 3 9 4 ), 738.
P etitions and, papers presented by, from
Citizens and individuals, 20, 222, 402, 689, 834, 1 5 62, 1937, 2 4 24,
2649, 3 1 79, 3 8 63, 4571, 6103, 7360. 7660. 8035, 8685, 9792.
Societies and associations, 20, 111, 222, 4 02 414, 689, 742, 834,
835, 883, 934. 1007. 1211. 1405 1562, 1937, 2424, 2649, 3179,
3 6 62, 3663, 3 8 63, 4145 5 0 83, 5796. 6050. 6103. 6376, 6739,
6 7 82, 6933, 7380, 7660, 7 7 70, 7888, 8 3 50, 8 4 14, 8685, 9352.
State legislatures, 2 6 96, 4 1 16, 4896, 5986.
Remarks by, on
Carrying o f deadly weapons, 4597, 4598.
District o f Columbia appropriation bill, 925, 926.
Excise tax, 3633.
Government employees and legislation, 5223.
Loan business, 726. 1965.
Oregon Avenue, 1968, 1969.
„
A ..
t,
Providence, R. I., old post-office building, 4810, 4811, $1296,
11297. 11298.
Rhode Island district court, 1270.
Roberts, Spencer : relief of, 4 6 06, 4 6 0 7 , 4 6 08, 4 6 09, 4G£0, 4 6 11.
Service pensions, 6240.
J
Tariff— sugar schedule, 3350.
£■'
------------ wool schedule, 4 0 97.
Jr
R ep orts-m a d e by, from
J'
Committee on the District of C olum bia:
J'-’
Approval by Congress of location and price paicLfor real estate
toward purchase of which the United States contributes (Rept.
2 0 7 ), 735.
£
Dougherty. Clara. Ernest Kubel, Josephine ^ a y lo r, and Mary
Meder (Rept. 3 8 1 ), 2 6 96.
#
Oregon Avenue (Rept. 2 9 3 ), 1681.
J
Roberts, Spencer (Rept. 3 8 2 ), 2696.
J
V otes of.
See Y e a - a n d -N a y V o t e s .
<?
O 'S H E A , T H O M A S D ., pension (see bills S. 6 5 ^ 5 ; H . R. 2 2 4 1 4 ).
OSLO, M IN N ., allow village to bridge Red Riifcr of the North (see bill
II. It. 2 3 6 3 4 * ).
£
O SM AN , IS R A E L , increase pension (see b rfs S. 357, 5 0 4 5 * ).
O SM OND, E D W A R D n „ pension (see b ill J l . R. 2 4 8 6 2 ).
OSTEO PATH Y.
See D i s t r i c t o f Co l u m b i a .
O ST E R IIO U T , L U C IU S, grant konoralflo discharge (see bill H . R.
1 6 0 1 3 ).
Jr
O S T R IC H IN D U S T R Y , making appropriation for improvement o f (seo
bill II. It. 2 6 1 3 3 ).
J
OSTROM , G IL B E R T W ., increase pension (see bill II. R. 2 0 5 8 6 * ).
O ’ S U L L IV A N , D A N IE L , report o fjc o u r t of Claims on claim of (S . Doc.
7 7 7 ), 7 7 71.
£
O ’ S U L L IV A N , L IZ Z IE M „ pensypn (see bill H . R. 1 5 1 0 8 * ).
Papers withdrawn in Hmise, 89.
O ’ S U L L IV A N , M IC H A E L , inrfease pension (see bill II. R. 2 5 9 3 3 ).
O’ S U L L IV A N , P H IL IP , increase pension (see bill II. It. 2 2 4 2 4 ).
O S W A L D , B E N J A M IN J.jH ncrease pension (see bills II. R. 14187,
2 1 4 7 8 * ).
£
O S W A L D , C H A R L E S, in ^e a se pension (see bills II. R. 15413, 2 2 2 6 1 * ).
O TERO, ISIDOItO, rclbtf (sec bill II. R. 2 4 7 4 5 ).
O T IS, E L IZ A B E T H , increase pension (see bills S. 3267, 5 0 4 5 * ).
O T IS, W IL L IA M D.^nncrease pension (see bill S. 3 9 8 3 ).
O’TOOLE, A L L E N JPDWARD, A N D O T H E R S, relief (see bill S. 3 2 4 * ).
O TT, G EOR GE, iqprcase pension (see bill II. R. 1 5 0 0 5 ).
O TTA R SO N , ASATC., increase pension (see bills II. R. 16967, 2 4 0 1 6 * ).
O T T A W A IN D IA N S . See I n d ia n s .
O T TEN , O TTO JlI., pension (see bill II. It. 1 7 0 7 1 ).
O T T E R T R A W L IN G . See F i s h a n d F i s h e r i e s .
O T T IN G , III^NRY, pension (see bill II. It. 1 7 0 7 0 ).
OTTO, N A V ilA N ,T., increase pension (see bill II. R. 2 3 0 4 0 ).
O U A C H IT A R IV E R , A R K ., report of Secretary of W ar on survey of
>11. Doc. 5 8 8 ), 2748.
OUDERKIRIC, M A R T IN , increase pension (see bill S. 6 3 6 9 * ).
O U ItSBOliN, M A R G A R E T E ., pension (see bill II. R. 2 2 9 3 4 ).
O U R ^L E R , W IL L IA M E. M ., increase pension (see bill II. It. 2 4 5 2 9 ).
O U T ER D IA M O N D SH O AL . See C a p e I I a t t e r a s , N. C.
O U T LO O K (m agazine), editorial relative to preservation of Niagara
F alls, 2007.
O V E N S, GEORGE W ., increase pension (see bill H . R. 1 4 9 5 5 ),
O VER DOItF, ISA A C , relief (see bill II. R. 6 7 2 2 * ).
O V E R D O R FF , M IC H A E L A ., increase pension (see bill H . R. 2 1 2 3 0 * ).




379

O V E R IIO L T , M A R T IN , in c r o S fc ^ ’cnsi
pension (see bills S. 5 3 2 2 ; H . R.
1 6 9 1 5 ).
O V E R L E Y , R O B E R T II., increase pension (see bills S. 6119, 6 9 7 7 * ).
O VER L O O K , F R A N C IS B., increase pension (see bill II. It. 2 1 4 4 0 ).
O V E R M A N , L E E S. (a Senator from N orth Carolina).
Attended, 1.
r/
Appointed conferee, 3774, 9095, 10342.
Appointed on funeral com m if&e, 3812, 4117, 7623.
Appointed on joint committee, 11798.
Excused from committee Service, 5043.
A m endm ents offered by, to /
Agricultural appropriation bill. 6343, 6379.
Cannon : bill (H . R. .£ 4 4 5 8 ) donating, 11277.
Department of Coi$t6erce and L a b o r: bill (S . 252) to establish
children’s bureau' in, 1564, 1566.
Immigration : b iW ( S. 3 1 7 5 ) to regulate, 1833, 2083, 5023.
Legislative, executive, and judicial appropriation bill, 7794,
8049, 1124C&N avy appropriation bill, 8645.
P ost Office “
Appropriation bill, 10657, 10706.
R ailro a d sj^ b ill (S. 5 3 8 2 ) for relief of injured employees of,
5748, :J ^)52.
SundrySffivil appropriation bill, 9274, 9 4 02, 9521 9525.
• ----- p le a s e of Arlington H otel at H ot Springs, A rk., 7593.
------vsF survey of sewer system at H o t Springs, Ark., 7986.
►
•
-----ye salary of terrapin and fish culturist at biological station, Beaufort, N. C., 8600.
Bills m id joint resolutions introduced by
Avery , R u fu s : for relief o f heirs (see bill S. 3 6 5 0 ), 185.
Burlington, N. C . : to erect public building at (see bill S. 7 1 2 1 ),
7985.
Cape Fear River, N. C . : to complete lighting and marking
with aids to navigation of (see bill S. 4 4 4 6 ). 841.
Carroll. Smith F . : to increase pension (see bill S. 5 7 6 9 ), 3131.
Cody, W illia m : to increase pension (see bill S. 5 7 7 1 ), 3131.
Cowles, Calvin D ., and ethers, for relief (see bill S. 7 0 3 9 ),
7592.
Crump, W illia m : for relief of heirs (see bill S. 6 8 4 3 ), 6530.
D istrict of Colum bia: to regulate practice of dentistry iu (see
bill S. 3 7 1 2 ), 225.
Edwards, T im o th y : for relief (see bill S. 5 7 5 9 ), 3131.
Everitt, M a ry : for relief of estate (see bill S. 5 9 0 7 ), 3598.
~
'
....................
‘
'
‘
Gentry, W illiam M. : to increase pension (
bill S. 5 7 6 7 ). 3131.
Georgetown Gas Light Co. : to allow laying of gas main in and
.
_
along Conduit Road by (see bill S. 6 6 7 2 ), 5730.
Hensley, E lijah P . : to increase pension (see bill S. 5 7 6 5 ), 3131.
Howard, Thomas S . : for relief of estate (see bill S. 5 2 6 5 ), 1999.
Judicial code: to amend (see bill S. 6 2 1 7 ), 4392.
K ing, O verm an: to pension (see bill S. 7 2 6 2 ), 8669.
K inston, N. C . : to increase cost of public building at (see bill
S. 4 0 4 0 ). 591.
Lisenbee, R obert: to increase pension (see bill S. 5 7 6 4 ), 3131.
Lunceford, E p h r ia m : to increase pension (see bill S. 5 7 6 3 ),
3131.
M ount Olive, N. C . : to erect public building at (seo bill S.
6 4 6 0 ), 5091.
Odell, James M. : to pension (see bill S. 6 2 1 8 ), 4392.
Payne, J am es: for relief (see bill S. 5 7 6 2 ), 3131.
Rice, Spencer: to increase pension (see bill S. 5 7 6 6 ), 3131.
Rice, W ilson : for relief (see bill S. 5 7 6 0 ), 3131.
Roberts, Sophronia : to increase pension (see bill S. 5 7 7 0 ), 3131.
Rocky Mount, N. C. : to increase cost of public building at (see
bill S. 4 0 3 9 ), 591.
Rollins, Pin kney: for relief (see bill S. 5 7 5 8 ). 3131.
Shelton, W illiam R. : for relief (see bill S. 5 7 6 1 ), 3131.
Tarboro, N. C. : to increase cost of public building at (see bill
S. 4 0 3 8 ), 591.
Tennent, Edward S m ith : to increase pension (see bill S. 5 7 6 8 ).
3131.
W acaster, Seymour B. : to pension (see bill S. 6 0 5 5 ), 3935.
W aynesville. N. C . : to erect public building at (see bill S.
6 4 5 9 ), 5091.
W ilm ington, N. C . : to increase cost o f customhouse at (see bill
S. 4 6 0 4 ), 1010.
W inston-Salem , N. C . : to increase cost of public building at (see
bill S. 4 6 0 5 ), 1010.
M otions and resolutions offered by
Adjourn : to. 2718, 3091, 10144, 11368.
Alexander, S. I I . : to withdraw his papers, 3936.
Commissions : inquiry relative to number and personnel of (see
S. Res. 3 1 1 ), 6379.
Committee on W om an Suffrage: authorizing hearings before (see
S. Res. 2 1 3 ), 1834.
Cotton : inquiry relative to sales to Confederate States Govern­
ment of (see S. Res. 162. 4 2 7 ), 70, 2651.
Executive session: for, 9820.
, .
Forest Service : for appointment of special committee to investi­
gate expenditures of (see S. Res. 3 6 2 ), 9268.
Gerard Brandon v. United S ta te s : to print dissenting opinion
of Judge Howry in case of, 8669.
Immigration: to print papers and hearings relating to (S . Doc.
2 5 1 ), S51.

The * indicates bills acted upon.

International and intersectional peace: to print address de­
livered by Whitehead Kluttz on (S . Doc. 8 8 5 ), 9793.

International Harvester Co. : inquiry relative to proposed set­
tlement between United States and (see S. Res. 2 8 8 ), 5091.
Lodge, Henry C a b o t: to print address on “ The Constitution and
its m ak ers” delivered by (S. Res. 1 5 6 ; S. Doc. 1 2 2 ), 33.
Fhillippine Islands : inquiry relative to money expended by
United States in (see S. Res. 2 2 4 ), 2281.
R ailroa d s: to postpone further consideration of bill (S 5382)
for relief of injured employees of, 5958
R ecess: for, 9982.
Telegraph and telephone: to print Senate Document 205 on,
4 7 04, 4705.
P etitions and papers presented by, from
Citizens and individuals, 67, 181, 697, 960, 1009, 1244, 1469,
1515, 1608, 1711, 1939, 1998, 2078, 2230. 2319, 2434, 3181,
3531, 3597, 3992, 4390, 5 0 35, 5385, 5 5 19, 5725. 7440.
Societies and associations, 837, 1469, 1515, 2701, 2812, 3597,
.
5 3 85, 5735, 7440.
Sec “ History o f B ills.’

380

CONGRESSIONAL RECORD IN D EX

O VER M AN— Continued.
Remarks by, on
Agricultural appropriation bill, 6317, 6318.
Anderson, .Tames : relief of, 3480.
Appropriations biils, 11044, 11645.
Appropriations, 11871.
Arbitration treaties, 7363.
Arm y appropriation bill, 4541, 4 5 42, 4583, 4584, 4586, 4587,
4588, 10926, 10927.
------------conference report on, 7895, 7896.
Bureau of Education, 7864, 7865, 7866.
Bureau of Mines, 9367.
Bureau of Standards, 7920, 7951.
B u tt and M illett memorial, 7868, 7869.
Capitol police, 7611. 7613.
Charlotte, N. C . : public building, 11808.
Children’s Bureau, 1249, 1250, 1520, 1521, 1525, 1526, 1530,
1564, 1566, 1578.
Civil Service employees, 8003, 8130, 8131.
Colville Indian daiin, 8612, 8614, 8615, 8616.
Commerce Court, 7839, 7951, 7952, 7953, 7962, 7966, 7968, <969,
7972, 7994, 10126, 11240, 11241.
Corbett Tunnel— veto message, 9850, 9859, 9920.
Cotton boll weevil, 6343.
Cotton-mill operatives, 2438, 2439, 2440, 2441, 3183.
Deticieney appropriation bill, 11667, 11668, 11800, 11801.
District of Columbia appropriation bill, 3602, 3603.
Employer’s liability and workmen’s compensation. 4406, "4 4 1 1 ,
4979, 49S0, 5735, 5749. 5799, 5800, 5801, 5935, 5950.
Federal Reporter, 9380, 9381, 9382, 9389, 9400, 9401.
George Washington Memorial Building, 4799.
Good roads, 10004. 10073, 10657, 10058, 10659, 10660, 1070G,
10707, 10708.
Immigration, 4845, 4912, 4913, 4914, 4915, 5023, 5024, 5025,
5026.
Indian appropriation bill. 8513.
International Harvester Co., 5322, 5323, 5324.
Lawrence, M a s s .: textile strike, 2447, 2448, 2449.
Legislative, Executive and Judicial appropriation bill, 7538,
7553, 7554, 7556, 7557, 7795. 7795, 7797, 7858, 7865, 7866,
7909, 7910, 8049, 8050, 8051, S054, 8055, 8056, 8121, 10126.
Limited tenure of office in civil service, 1 0 i2 7 , 10128.
Missouri State claims, 1178.
Monetary commission library, 7555, 7556, 7603.
Navy appropriation bill, 8648.
Panama Canal, 10222, 10223, 102S6, 10289.
Pan American Scientific Congress, 4646.
Parcel post, 10808.
Pension agencies, 10203, 10204. 10206, 10207, 10211.
Pension appropriations, 9994, 9995.
Philippine bonded indebtedness, 2003, 2004, 2005.
Pool, .John: relief of estate, 2757.
Post Office appropriation bill, 9951.
\
Railroad in Philippine Islands, 9287, 92S8, 9289.
Removal of suits from State courts, 9547.
Revolutionary W ar records, 1178.
5
Rural cooperative credit system commission, 4986.
Sale of liquor in Indian Territory, 9525.
Sales of cotton to Confederate States, 5112, 5113, 5114, 5115,
5116, 5117, 5118.
Service pensions, 3998, 3999, 4013.
Snake River, W yo., bridge, *6271.
Special commissions, 8001, 8062.
\ •
State Department divisions, 7700, 7707, 7708, 7711, 7788, 7790,
7791, 7792. 7794, 7 7 95, 7790.
Stephenson, Isaac : election of, 2559. 25G0, 2705.
Storage of public documents, 7550, 7551. 7552, 7553, 7554.
Sundry civil appropriation bill, 9270, 9272, 9273, 9274, 9285,
9296, 9367, 9368, 9376. 9377. 9378, 9379. 9880.
Supreme Court Reports, 9390, 9391, 9392, 9 3 94, 9395, 9396, 9401,
9402, 9403.
Tariff Board, 9 4 7 2 -9 4 7 8 , 9480.
Unanimous-consent agreement, 5739.
United States v. The American Tobacco Co., 5038.
Valdez, Alaska : protection of, 3489, 3490.
Vocational education, 11270.
W alsh, Lewis F. : relief of, 3480, 3481.
W aynesville, N. C., public building, 7279.
W ilmington, N. C., customhouse, 4798.
W inston-Salem, N. C., public building, 9521.
W ireless telegraphy in Philippine Islands, 8228.
Zion’s Cooperative Mercantile Institution, 1958.
Reports made by, from
Committee on Claims :
Atlantic Coast Line Railroad Co. (Rept. 2 4 1 ), 1245.
Cottonwood, Idaho, First National Bank (bill S. 25"9), 8988.
Dorothy— steamer (bill H . It. 2 2 1 1 ), 9046.
Graves, Mrs. C. N. (Rept. 7 5 6 ), 6529.
t
Harrison, B. H . (bill S. 1 6 8 2 ). 5167.
Ivers, Georgtp (Rept. 3 9 3 ), 2231.
\
Manning, Mpry ,T. (Rept. 9 1 4 ), 8988.
Missouri St&te claims (Rept. 1 8 8 ), 961.
Moore, Rittenhouse (Rept. 3 9 4 ), 2231.
Muhlemanf Elizabeth (Rept. 1 8 9 ), 961.
Specified war claims (Rept. 770, pt. 2 ) , 720f
Committee On Fisheries :
North Carolina fish-cultural station (Rept. 5 9 4 ), 4392.
Florida fish hatching and biological station (Rept. 5 9 3 ), 4392.
Committee on the Judiciary:
Clarksdale, Miss., court (bill IT. R. 1 9 2 3 8 ), 2757.
Illustrations of coints (Rept. 2 0 1 ), 1472.
Louisiana district attorney (Rept. 0 2 8 ), 4842.
Removal of causes from State courts (Rept. 8 4 1 ), 7529.
Votes o ff See Yea-and-Nay V otes.
O VER M IR E, SIL A S, correct military record (see bill II. R. 1 8 6 8 8 ).
O VER ST R EET , T H O M AS, increase pension (see bills H. R. 15748,
21088, 2 4 6 2 6 *).
OVERTON, JOHN P., increase pension (see bill H. R. 1 4 2 8 4 ).
OWEGO, N. Y ., erect public building at (see bill IT. R. 1 4 0 9 7 ).
O W EN , E D W IN G., increase pension (see bill H . It. 1 8 3 3 5 * ).




O W E N , H E N R Y L .,
fipn '•■■"*•'1*™" h’ "
O W E N , H U M P H R E Y > .r-fg H e f (see bill H . R. 2 3 9 2 8 ).
O W E N , JA M E S, relief of estate (see bill H. It. 1 4 2 4 2 ).!
O W E N , JOHN It., increase pension (see bill II. R. 1S903)..
O W E N , N E P Iil, increase pension (see bill H . ft. -ailhftO).
O W E N , R O BER T L. (o Senator from Oklahoma) .
Attended, 1 7 7 ..
Order in Senate to print address in recall of the judiciary
(S. D ob. 2 4 9 ), 851, 852.
Amendments offered by, to
Agricultural appropriation b ill: weather bureau station at Mna
kogee, Okla., 1473.
a'
Bureau of health : bill (S. 1) to establish, 5577.
Choctaw and Chickasaw Nations : bill (S. 6219) for purchase of
improvements on coal and asphalt lands of, 0014.
C laim s: bill (H . R. 19115) to pay specified, 3667.
Department of health : bill (S. 1) to establish, 226.
Indian appropriation b i ll: Choctaw Indian fund, 4016. J
------------ allotments in Cherokee Nation, 4016.
i------------construction of sanitary sewer system in P latt National
Park, Okla., 4010.
------------ relief of legal representatives of John W . Noble and R
U. Belt, 4169.
• --------removal of restrictions upon alienation of surplus lands
of Osage allottees, etc., 4522M
/
-------------tribal funds of Five Civilized Tribes, 4773. /
------------ Creek allotments, 5659.
/
Post Office appropriation b ill : legal representatives of Allen J
Mann, 1800. v
Sundry civil appropriation b ill : appropriation for mining Inves­
tigations, 8505.
Bills and, joint resolutions introduced by
Atoka, Okla. : to acquire full legal title to lands for municipal
waterworks at (see bill S. 5 8 7 2 ), 3305.
Brotherhood of North American Indians : to incorporate (see bill
S. 5 1 8 6 ), 1833.
Brown, Josephine :'t o increase pension (see bill S. 5 7 3 0 ), 3000
Brown, O. C. : to pension (see bill S. 6 6 2 7 ), 5576.
Campbell, Charles M. : for relief (see bill S. 3 8 4 4 ), 456.
Cherokee Nation : for removing restrictions on encumbrance and
alienation of allotted lauds in (see bill S. 6 1 2 6 ), 4 1 6 8 .\ /
Chestnut, W illiam II. IT .: to pension (see bill S. 7 2 2 1 ), 8 5 0 5 .,/’"
Choctaw and Chickasaw In d ian s: for purchase of coal and
asphalt deposits belonging to (see bill 8. 6 1 2 4 ), 4168.
------------ for sale of remaining portion of unallotted and segre­
gated lands of (see bill S. 7 2 6 0 ), 8634.
Chortaw and Chickasaw N a tio n s: for appraisement of mineral
deposits of segregated coal and asphalt lands of (see
- bill S. 5 7 2 7 ). 3009.J
------------ to amend act for sale of segregated coal and asphalt lands
of (see bill 8. 0 0 7 8 ), 4016.
-------------for purchase of permanent improvements on segregated
coal and asphalt lands of (see bill 8. 0 2 1 9 ), 4 3 9 2 .y /
f----------- for sale of 39.69 acres of surface of segregated coal and
asphalt lands of (see bill S. 7 2 2 0 ), 8505.
Click, G. W . : for relief of estate (see bill S. 5 7 2 9 ). 3009.
Colleges of agriculture and mechanic arts : to establish extension
departments in connection with (see Dill S. 4 8 3 4 ), 1290. .
Creek allotm ents: for equalization of (see bill S. 4 9 4 7 ), 1 5 7 9 .V
Davidson. Charles A .: for relief (see bill S. 3 8 4 4 ), 456.
Denison Coal Co. : to allow them to relinquish certain lands em­
braced in Choctaw and Chickasaw coal lease (see bill &
3 6 8 5 ) , 185.
Eastern Cherokees: to adjudicate claim of (see bill S. 49461
1519. y'
„
/
’
Fenton, S. W . : for relief (see bill S. 4 6 6 9 ), 1061.
/
Fields. Malialy : for relief of heirs (see bill S. 5 3 4 5 ), 2079.
Five Civilized Tribes : to amend act for removal of restrictions
from part of the lands o f allottees of (see bills s
4948, 5 9 4 6 ), 1 5 7 9 .V
-------------relative to delivery of patents to allotted lands within
limits of (see S. J. Res. 8 6 ) , 3183.
-------------to amend act for removal of restrictions from part of
land3 of allottees of (see bill S. 5 9 4 6 ), 3667.
• ------- to amend act for removal of restrictions from part of
lands of allottees of (see bill S. 0 1 0 4 ), 4 2 3 3 ..
■
------------to adjust titles within (see bill S. 6 3 3 9 ), 4 7 0 4 .v / Goulette, J. D., to issue patent in fee to Indian allotment (see
bill S. 4 8 3 3 ), 1295...
Hawkins, Joseph: for relief (see bill 8. 6 9 9 6 ), 7 3 6 2 ./
llenquenet, A u gu stu s: for relief (see bill 8. 5 1 6 7 ). 1 8 0 0 .'
Ilowe, Ellis C. : to increase pension (see bill S. 4 6 6 7 ), 1061. v
------------ increase pension (see bill S. 6 2 7 0 ). 4573. v '
Indian Office: to terminate (see bill 8. 6 7 6 7 ). 6107,
Iowa In d ian s: for relief (see bill S. 6 1 0 5 ), 4233. r
------ •
— for relief (see bill S. 5 9 4 5 ), 3667.
Jones, John F. : to pension (see bill S. 6 6 2 8 ), 5576.
Jud iciary: to amend act to codify, revise, and amend laws re­
lating to (see bill S. 3 8 4 2 ), 456.
Kariho, Robert S. : to increase penison (see bill S. 3 6 8 7 ), 185. *
Kendall, Joseph F . : to increase pension (see bill S. 5 S 7 3 ), 3365.
Kinlock. Eliza M. : to pension (see bill S. 6 6 2 9 ), 5;>76.
Lockhart, Calvin R . : to increase pension (see bill S. 3 7 2 6 ), 225.
McDonal, A nd rew : to increase pension (see bill S. 3 6 8 8 ). 18 5 .. ,
Mann, Allen J. : for relief of estate (see bill S. 5 9 3 4 ), 3667., v
Meadville, Graham M . : to increase pension (see bill S. 5 1 6 8 ),
I86 0 ..
Missouri? Kansas & Texas Coal Co. and Eastern Coal & Mining
C o .: to allow them to exchange certain lands embraced in
Choctaw and Chickasaw Nation coal leases (see bill S.
3 6 8 6 ) . 185. ^
National highway : to construct from Canadian border line to
Galveston. Tex. (see bill S. 6 2 7 1 ), 4573.
Navajo In d ia n s: to carry out Article V I of treaty w ith (see
bill S. 4 4 5 0 ), 841. /
x
Nichols, Lansing B. : to increase cost (see bill S. 6 7 6 4 ), 6106.
Oklahom a: granting right to acquire additional acreage to coal­
mining companies in (see bill 8. 3 8 4 3 ), 456.
• --------for relief of Indians in li t t le River Drainage District
No. 1 in (see bill 8. 4 9 1 3 ), 1473.

The * indicates bills acted upon.

See “ History of B ills.”

CONGRESSIONAL RECORD IN D E X

381

O W E N — Continued.
! Y E A -A N D -N A Y VO T E S IN SE N A T E .
Bills and joint resolutions introduced by
Adjourn, 4865. 4 8 66. 7153, ’*154, 7156, 7387, 11469.
Oklahoma : relative t o restrictions on allotted Indian lands in (see
A la s k a : on bill (S. 68 6 4 ) to
instruct railroad in, 6793.
bill S. 5 9 8 7 ), 3770. .
Appeal from decision of Chair.- 7999.
■
------------to tax for road inmprovbments lands in (see bill S. 0 1 2 5 ),
Archbald, Robert W ., United States judge : on order to proceed
4168. y ''
w ith trial o f impeachment on Dec. 3, 1912, 10139.
Order of Owls : to set aside certain public lands to be used for
Arm y appropriation bill (II. R. 1 8 9 5 6 ), 4586, 7908, 7983.
sanitarium by (see bill S. 5 9 8 8 ), 3770. yChemicals : on bill (II. R. 2 0 182) to fix duties on, 8577, 8 6 09,
Osage a llo tte e s: to permit exchanges of lands of (see bill S.
8610.
*
■
6 6 8 6 ), 5881.
Children’s B u re a u : on bill (S. 2 5 2 ) to establish, 1565, 1575,
Osage In d ia n s: to adjudicate claims of (see bill S. 5 7 2 8 ), 3 0 0 9 .\
1578, 1579.
Peery, E va M ay : to remove restrictions from allotm ent of (see
Commerce C o u r t: on abolition of, 7989.
bill S. 5 3 4 4 ), 2079. V
Corbett Tunnel], W yo. : on bill (S. 4862) to investigate and
Ponca In d ia n s: to allow them to intervene in suit of Omaha
settle certain accounts growing out of construction of, 9938.
Indians in Court of Claims (see hill S. 5 1 6 9 ), 1 8 0 0 .v
Cotton : on bill (H . R. 2 5 0 3 4 ) to reduce duties on, 10897, 1 0901,
Postal Service: inquiry relative to practicability and cost of es­
10902, 10903.
tablishing telegraph and telephone system as part of (see
Department of Agriculture : on conference report on bill (II. R.
S. J. Res. 1 1 3 ). 73 0 8 .V
18960) making annual appropriations for, 7451.
Reclamation Service : to amend act appropriating receipts from
D istrict of C olum bia: on amendment increasing salaries of two
soles of public lands to construction of irrigation works for
commissioners of, 3604.
reclamation of arid lands (see bill S. 5 3 4 3 ). 2079.
•
------------on amendment relating to disposition of fees collected
Seminole allottees:- to deliver patents to (see bill S. 0 1 8 9 ), 4275->j
on account of permits, etc., in. 3606.
Seminole arbitration cou rt: to create (see bill S. 5 9 4 7 ), 3607.
------------ on bill (S. 22 3 4 ) to provide for primary nominating
Seminole cou n try: relative to patents to allotted lands in (see
election for presidential candidates in, 5393.
S. J. Res. 8 5 ) , 3183.
-------- -— on bill (S. 5461) to regulate liquor traffic in, 5393.
Shawnee and Delaware In d ia n s : for relief (see bills S. 6220,
Em ployers’ liability and workmen’s com pensation: on bill (S.
6 4 1 1 ), 4392, x. 4 9 6 3 V
53 8 2 ) for relief of disabled employees of common carriers,
Spencer, Ile n r y : to Increase pension (see bill S. 5 7 3 1 ), 3 0 0 9 .v
5820, 5951, 5952, 5953. 5954, 5955, 5956, 5 9 57, 5958, 5959.
W ageck, George A. : to increase pension (see bill S. 4 9 1 4 ), 1473.
Excise t a x : on bill (H . R. 2 1 2 1 4 ) to levy on individuals, 9 7 03,
W alker, Chester A. : to pension (see bill S. 5 7 3 2 ). 3009.
9706, 0708, 9789.
W ichita Indians : for relief (see bill S. 4 6 6 S ), 1061.
Foreign interests pi Am erican continents: on resolution (S. Res.
W ilburton, Okla. : for reappraisement of town lots at (see bill
371) concerning, 10046.
S. 4 8 3 2 ), 1295.
Fort Oglethorpe, Ga. : on bill (II. R. 1 7 029) to establish brigade
M otions and resolutions offered by
post at, 5088.
Brotherhood of North American Indians : to print memorial of
Immigration : on- bill (S. 3175) to regulate, 5023, 5027, 5 0 28,
(S. Doc. 4 8 9 ), 4170. V
5032.
Conservation of human life : to print memorial relating to (S.
L a b o r: on Dill (H . R. 90 6 1 ) limiting hours of daily service of
Doc. 4 9 3 ), 4 3 23. V
laborers and mechanics employed on public works, 0 9 41, 7455.
Department o f h e a lth : to print Senate Report No. 019 on,
Lawrence, Mass. : on resolution (S . Res. 231) to investigate
5 7 30, 5731. -1
labor strike at, 2502.
Five Civilized T rib e s: to recommit>bill (S. 03 3 9 ) to adjust titles
Legislative, executive, and judicial appropriation bills (II. R.
within, 5577.
2 4023, 2 6 3 2 1 ), 10335, 11255, 11458.
H ealth conservation : to print paper by Parker II. Sercombc on
------------ on amendment to increase Capitol police force, 7616,
(S. Doc. 0 4 7 ), 5998.
790!). 8056, 8123. 8125, 8126.
Initiative and referendum : to print memorial by C. F. Taylor
Lorimer, W illia m : on resolution (S. Res. 315) declaring invalid
on (S. Doc. 6 5 1 ), 6 0 5 5 /
election as Senator from Illinois, 8987.
Iowa In d ia n s: to print petition relative to payment for lands
M e ta ls : on bill (II. R. 186 4 2 ) to reduce duties on. 7310, 7 3 6 5 ,
ceded to United States by treaty with (S. Doc. 4 8 6 ), 4170.v
7370, 7371. 7378, 7379, 7426, 7991, 10125, 11069.
Kiowa, Commanche, and Apache In d ia n s: to print memorial
N a v y : on bills (S. 2 9 0 ) authorizing appointment of dental
relative to use of tribal funds of (S. Doc. 4 4 4 ), 3000.
surgeons in, 427!).
Osage In d ia n s: to print resolutions relative to right to grant
------------ on hill (II. R. 2 4 5 6 5 ) making annual appropriations for,
leases for mining purposes on lands of (S. Doc. 4 8 7 ), 4170.
8650.
Parcel-post e x p ress: to print memorial by George P. Hampton
Order of business, 1218. 3830, 4864, 4865, 5112, 5748, 5802,
relating to (S. Doc. 5 5 7 ), 4024.
5865, 7983, 8068. 8989. 9166, 9214, 10991, 11470, 11471,
Seminole In d ian s: to print p a p e r s relating to patents to lands
11532, 11794, 1.1795, 11797.
of (S. Doc. 4 0 5 ), 3183. y
Panama Canal : on bill (II. R. 2 1 9 6 9 ) to provide for the opening,
P etitions and papers presented, by, from
A
J,
.
maintenance, protection, and operation of, 10295, 10396,
Citizens and individuals, 3405, 4389, 5 9 93, 5 9 95, 7890.
10443, 10447, 10584, 10585, 10586, 10588, 10589, 10590,
Societies and associations, 2078* 4231 ,.-0105.
11065.
Remarks by, on
•
4
P ensions: on bills (S. 4 6 23, 50 4 5 ) granting pensions and increase
Children’s Bureau, 1572.
j
of pensions in specified cases, 3137, 3140, 3678.
Choctaw and Chickasaw coal and asphalt lands, 1945, 1946,’'
■ -------- on bill (II. R. 1) granting service, 4003, 4004, 4005,
4 7 9 1 .^
V
J
4010. 4011, 4012. 4013, 4015.
Department of health, 4 8 40, 4 8 41, 5720, 5728, 0730, 5 7 31, 5995.
■ -------- on Dill (II. R. 18985) making annual appropriations for,
Five Civilized Tribes, 4 1 82. 4 1 8 3 , 4 4 1 8 .'
10211, 10335.
Five Civilized Tribes’ land titles, 4 9 05, 4906.
Petition of Samuel Gompers : on motion to print in Record. 1057.
Philippine Isla n d s: on bill (S. 47 6 2 ) relating to finances of,
Good roads, 4413. i
Kiowa-Commanche and Apache lands, 4796.
6209.
Post Office appropriation bill (II. R. 2 1 2 7 9 ), 10005, 10713, 10792,
Lorimer, W illiam : election of, 4537.
10804, 10821. 10824. 10828, 10830. 10831.
Oklahoma fish-cultural station, 4801.
Presidential primaries in D istrict of Colum bia: on bill (S. 22 3 4 )
Pontius Pilate precedent, 4537.
R eports made by, from
providing for, 5110.
R u ssia : on joint resolution ( IT. J. Res. 166) providing for
Committee on Indian Affairs :
/
Brotherhood of North American Indians (Rept. 5 5 5 ), 4232.
termination of treaty of 1832 with, 506, 507.
Choctaw and Chickasaw coal and asphalt lands (bill S. 6 0 7 8 ),
Sclilev, Annie li. : on bill (S . 4 5 6 8 ) to increase pension of,
4323.
7537.
Choctaw and Chickasaw coal and asphalt lands (Rept. 6 2 9 ),
Seal fisheries : on bill (II. R. 1 0 571) to give effect to a treaty
for suppression of pelagic scaling, 10991.
4 8 42. vl
/'
Choctaw Indians’ supplemental treaty (Rept. 4 0 4 ) , 3722. < /
Senate: on resolution (S. Res. 357) concerning constitutional
Creek allotments (Rept. 7 2 1 ), 0100. v
/
right of, 9132.
_
Dw ight Mission School lands (Rept. 2 2 0 ), 1160. S
S en ators: on joint resolution for amendment to Constitution
Five Civilized Tribes (Rept. 5 4 8 ), 4182. i /
/'
,
relative to election of, 5172.
Five Civilized Tribes’ land titles (Rept. « 2 4 ) , 4842. ^
J
j
Standing Rock Indian R eservation: on hill (S. 109) for sale of
Indian allotm ents disposed of by will (Rept. 7 2 0 ), 6 1 0 6 .'* '
surplus lands in, 1483.
^ ,
Indians in Little River drainage district No. 1 in Oklahoma
Stephenson, Is a a c : on resolution (S. R°3. --•>) that lie is not
entitled to scat as Senator from W isconsin, 3831.
(Rept. 4 8 8 ), 3364.
_____— on resolution (S. Res. 136) that he is entitled to seat as
Kiowa-Commanche and Apache ceded lands in Oklahoma (Rept.
Senator fi«om Wisconsin, 3896.
4 9 0 ). 3722. ' S
S u a ar: on Dill (II. R. 2 1 213) to repeal duties on, 9 7 55, 9 7 5 8 ,
Missouri, Kansas & Texas Coal Co., and Eastern Coal & Mining
Co. coal leases (Rept. 3 2 0 ), 1799. \ f
Sundry’ civil appropriation bill (H . It. 2 5 0 6 9 ), 9291, 9 4 0 4 ,
Oklahoma coal-mining companies (Rept. 7 2 2 ), 0106. J
0-137 9488. 9523, 9528, 9529, 9532.
Osage Indian claims (Rept. 4 8 4 ), 3 3 63. s /
Treaties : on general arbitration treaties with France and Great
Ponca Indian claims (Rept. 2 1 9 ). 1100. . >
Britain, 2953, 2954, 29o->.
Ponca Indians (Rept. 0 2 1 ), 4 7 72. .
Vocational education: on motion to fix date for consideration
Sale of surface of segregated coal and asphalt lands of Choc­
of bill (S- 3) to provide for, 10648.
taw and Chickasaw Nations (Rept. 2 1 5 ), 1100.
W o o l: on bill (II. It. 2 2 1 9 5 ) to reduce duties on, 9619, 9 0 31,
Turner Hardware Co. (Rept. 4 8 9 ), 3 3 0 4 .^ .*
9032, 9035, 9637, 9638, 10200, 11069.
Unallotted Indian lands in Oklahoma for sanitorimn purposes
(Rept. 4 9 5 ), 3722.
24), 2
3
4
4
.
W
V S W u m Ii- K *
Committee on Public Health and National Q uarantine: depart^
Grflfly, Joseph: to increase pension (see bill II. life 2 2 098) 4115.
ment of health (Rept. 6 1 9 ), 4702.
I I # r i s , Mrs. F. M. : for relief of estate (see b i l l 'l l . R. 2 0 7 0 9 ),
Votqs of.
See Y i:a -a x p -N a y V otes. _______
O v J !i\ s, 'fti'{i jj(UEt A ., pension"” ( see bill XL-R . TSTS20).
v <
fit, Joseph: for relief of estate (see bill T R °0 7 0 S ) 2372
T
>rne, Jacob: to pension (see bill II. R. 2 3 227) 461®
O W E N S , GEORGE, relief (see-bill, S. 2 0 1 4 * ).
mes, W illiam H . W . : for relief (see bill H. r ! 2 0 8 8 5 ), 2147.
O W E N S , II. C., relief (see bill II.
9 W * ± ......
nones, John : for relief (see bill 11. I{. 2 0 7 1 1 ), 2373.
O W E N S , JAM ES, remove charge of desertion ( s r e b ill H. R. 2297C ).
Kiefer. Carl T ., and Laurent Low enherg: to allow them to dam
Duck River (see bill II. R. 2 4 1 9 7 ), 5985.
O W E N S , jp S E P I I I N E , pension (see bills S. 4 8 74, 6 0 8 4 *).'
Lawson, Betlie : to pension (see bill II. R. 1 5 0 9 8 ), 1 0 9 ;
O W E ^iS ^ S lA R Y AN N , increase pension (see bill II. R. 1 8 1 3 0 ).
Malw.v. Callie : to pension (see bill II. R. 1 6 1 7 3 ), 445.
bill II. R. 1 9 9 6 0 ), 1992.
O W E N S , R O BER T, pension (see bill H . It. 1 0 8 8 4 ),




The * indicates bills acted upon.

See “ History of Bills.'

CONGRESSIONAL RECORD INDEX.
P A D G E T T — Continued.
Bills anil joint resolutions introduced by
Navy's making available certain unexpended balances of approprhrUonsNfpr- (see bill H . It. 1 9 9 6 6 ), 1992.
Navy and Marine Corps : to regulate and increase efficiency of
v p e rso n a l (see bill H. It. 2 0 0 4 5 ), 2033.
Navy D epartm ent: to promote efficiency and economy in admin„ istration V f (sc \ b i]l II. R. 1 5 2 6 6 ), 174.
Navy cfficersV to provide uniform method for fixing date from
which pay o\offic)«'S when promoted to next higher grade shall
be computed psee Bill II. It. 2 0 8 3 5 ), 2489.
Prater, Holly, afras P la te r : for relief (see bill H. R. 1 9 4 5 9 ),
1707.\
\
Public property: to ame'ad law relating to sale of (see bill H . R.
1 8 2 3 3 ), 1098.
Pulaski, Tenn. : to
public building at (sec bill H . R.
1 5 6 2 4 ), 358.
heirs (sec bill II. R. 1 7 8 1 0 ), 907.
Rockwell, James : for relief
msion
Sadler, Mary E . : to increasd%ension (see bill II. It. 2 3 8 6 9 ), 5515.
Spain, E li A. : for relief (see BM II. R. 2 5 5 0 5 ), 8481.
1
Stevens, M arcus.: for relief o x estate (see bill II. R- 2 3 6 o l) ,
5103.
X
Sullivan, Mary J.. formerly M a r y X . H ooper: for relief (see bill
H. It. 1 5 7 5 0 ), 360.
\
Tennessee Protestant Episcopal Church : for relief of diocese of
(see bill II. It. 1 4 8 0 ), 61.
\
Weems, Elizabeth: to increase pension'.(see bill II. R. 2 4 3 1 1 ),
6102.
X
•
W iley, John J. C. : for relief (see bill II. It. 1 4 8 0 6 ), 61.
Motions and resolutions offered by
\
A d jo u rn : to, 7008, 7133, 7187, 7268.
\
National Monetary Commission : to print report of (see II. Con.
Res. 2 8 ), 803.
\
Petitions and papers presented by, from
\
Citizens and individuals, l i l , 447, 532. 582. 689. 806. 1101,
1131, 1562, 1005. 2149, 2170. 2 3 12, 2374, 2424, 2tj90, 3864.
Societies and associations, 1466.
Remarks by, on
Banking and currency (Appendix, 2 6 3 ).
Battleships, 11188, 11189.
V
Civilian employees of Navy Department, 11301.
V
Commission of ensign to midshipmen, 2794.
Dams aerpss navigable waters, 9655.
Deserters from military or naval service, 2903.
Duck River, Tenn., dams, 8543, 8544, 9823, 9824.
Gordon, George W . : death of, 6312.
Loudenslager, Henry C . : death of, 5915.
National monetary commission report, 2473.
Naval trophy flags, 2897, 2898. 2903.
Navy appropriation bill, 7 0 2 3 -70 2 6 , 7068, 7112, 7114, 7115, 7116,
7119, 7120, 7121, 7122, 7126, 7127, 7128,
7131, 7132, 7157, 7158, 7172, 7173, 7174,
7177, 7178, 7179, 7180, 7181, 7183, 7184,
7232, 7233, 7236, 7237, 7238, 7239, 7240,
7243, 7244, 7245, 7246, 7247, 7248, 7249,
7241, j
7253, 7254, 7255, 7259, 7264, 7266, 7326,
7250, 7
7329, 7331, 7332, 7333, 7343, 7344. 7345,
7349,’ 7350,' 7 3 5 1 ,'7 3 5 2 , 7353. 7354, 7355, 8696, 9664.
■
------------conference report on, 11169, 11173, 11174, 11175, 11176,
11177, 11190, 11191.
Navy legislation, 11485.
Powder for Navy, 7167, 7172.
Suspension from promotion of Navy officers, 2892, 2893, 2894.
Use of irons in Navy, 9512.
R eports made by, from
Committee of conference :
Navy appropriation bill (bill II. R. 2 4 5 6 5 ; Repts. 1061, 1 2 1 7 ),
11169, 11382.
Committee on Naval Affairs :
Administration of Navy Department (Rept. 7 1 5 ), G525.
Maine— old battleship : resolution for adjournment of House to
attend memorial services for dead of (II. Res. 4 5 5 ), 3755.
Navy : resolution of inquiry relative to purchase of ships, tor­
pedo boats, etc., from United States Steel Corporation (Rept.
2 3 4 ), 1003, 5882.
Navy appropriation bill (bill II. R. 2 4 5 6 5 ; Rept. 7 1 0 ), 6503.
Navy dental surgeons (Rept. 7 1 6 ), 6525.
Votes of. See Y e a -a n d -N a y V o t e s .
P A D G E T T, M A R G A R E T , issue land patent to (see bill II. R. 1 7 0 1 0 ).
P A D IL L A , JOSE, remove charge of desertion (see bill S. 7 1 8 4 ).
rA D IL D A , R AM ON, correct military record (see bill H. R. 2 5 8 3 9 ).
P A D IL L A B A Y , W A S H ., amendment in Senate relative to modification
or relocation of navigable channels in, 4168.
Amendment in Senate making appropriation for construction of
waterway connecting Similk Bay with, 4168.
Concurrent resolution for estimate of cost of dredging strip of
land separating Saratoga Passage from (see S. Con.^Res. 1 3 ).
PAD U CAH , K Y ., relief of Methodist Episcopal Church South at (see
bill 11. R. 2 1 6 8 2 ).
PAECII, OSCAR L., pension (see bill II. R. 2 1 1 1 1 ).
PAG E, AARON, increase pension (see bills S. 3707, 5 0 4 5 * ).
PAG E, A N N IE D., increase pension (see bill II. It. 2 0 0 1 2 ).
P AG E, CARROLL S. (a Senator from Verm ont).
Attended, 1.
Appointed on Funeral Committee, 3788, 4117.
Letter stating history of Page vocational educational bill, 10784.
Resolution to print speech on vocational education by (S. Doc.
8 4 5 ), 7700.
Amendments offered by, to
Agricultural appropriation b i l l : breeding horses for military serv­
ice, 5168.
Legislative, executive, and judicial appropriation b i l l : relief of
Hobart J. Shanley, 6476.
Bills and joint resolution introduced by
Berrow, D u stin : to increase pension (see bill S. 6 9 5 5 ), 7137.
Bradley, R osw ell: to increase pension (see bill S. 4 6 7 1 ), 1061.
Bullard, E d ga r: to increase pension (see bill S. 6 6 1 5 ), 5521.
Burnett, A b ram : to increase pension (sec bill S. 6 5 4 8 ), 5316.
Chesley, George W . : for relief (see bill S. 7 4 3 7 ), 10427.




\

PAG E, CAR R O LL S.— Continued.
Bills and joint resolutions introduced by
Cook. Jacob L. : to increase pension (see bill S. 4 9 0 1 ), 1580
District of Columbia : for grading and improving Pennsylvania
Avenue S. E. (see bill 8 . 4 8 0 8 ), 1472.
'
a
Haskins, Hiram 8 . : to pension (see bill S. 4 7 6 7 ), 1214.
Jackson, Harold L. : to restore to active list of Army (see bin
8 . 6 2 4 4 ). 4464.
'
0111
Keyes, Emma E. : to pension (see bill S. 4 2 5 9 ). 701.
on
4259),
Monroe, D a n ie l: to increase pension (see bill S. 4 8 1 5 ), 1247
lsc
(sec
Morgan, James A. : to increase pension (see bill S. 5897)
Tease
Mullikin, David It. : to increase pension (see bill S. 4 8 6 9 ) ’ 1 4 7 .;’
:rease
Nichols, Harriet B . : to pension (see bill S. 4 5 3 0 ), 940 . ’
ension
llichforc ,V t . : to increase cost of public building at (see bin c
*
6 8 9 9 ), 6858.
'
1
Ring George I I .: to increase pension (see bill 8 . 4 8 3 1 ), 1295
Sawyer, Franklin E . : to increase pension (see bill S. 4 7 3 8 ) ,
Smith, Calvin W . I I . : to Increase pension (see bill S. 45951 9 fto'
Stebbins, C a lv in : to remove charge o f desertion (see bill 5 '
6 4 5 7 ), 5091.
kWheeler, James E . : to increase pension (see bill S. 4 9 3 2 ), L5 l s
Motions and resolutions offered by
■• o.
Adjourn : to. 1032.
Committee on Cuban R elations: to allow messenger to (see <
3
Res. 2 0 8 ), 1716.
Industrial education : to print paper by Charles M. Winslow
subject of (S. D o c .— ), 11142.
°n
Petitions and papers presented by, from
Citizens and individuals, 1832, 1998, 2181, 2495, 2593, 2755
2813, 11652.
Societies and associations, 643, 753. 837. 1939, 2037, 2078 °*'ao
2279, 2548, 2651. 2701, 2956, 3076, 3130.
Remarks by, on
Army appropriation bill, 10921.
Civil service employees, 8042.
Good roads, 10712.
Houghton, Alice V. : relief of, 4291.
Panama Canal. 9178. 9179, 10301.
Railroads in New England. 10366. 10367.
Richford, Vt. : public building. 7787.

Reports made by, from
Committee on Agriculture and Forestry :
Instruction in agriculture, the trades, and industries
4 0 5 ), 2434.
Committee on 'Indian A ffa irs:
\
Colville Indian Reservation lands (Rept. 6 9 1 ), 5728.
X Votes of. S ee Y e a -a n d -N a y V o t e s .

(Ront

1 '

P j Q E , F A N N IE , to pay (see II. Res. 5 1 7 * ).
PA ($g, F A N N IE M.. pension (see bill II. R. 7 3 4 6 ).
PAG®,. GEORGE W ., increase pension (see bills II. R. 1 4 648, 23063*),
P AG E, "JOHN W ., increase pension (see bills S. 4964, 6 0 8 4 * ).
P A G E , E E V I, increase pension (see bills S. 3418, G 6 4 0 *).
P AG E, R H D D A A ., pension (see bill II. R. 1 8 0 9 8 ).
P A G E , R O BER T N. (a Representative from North Carolina).
Attended, 3.
Appointed on special committee, 10833.
Appointed teller, 8114.
ChairmairComm ittee of the Whole, 1032, 1580, 9556.
Amendments offered by, to
Agricultural -appropriation bill, 2859.
Legislative, executive, and judicial appropriation bill, 5828, 5830
Sundry civil appropriation bill, 8024, 8026.
Bills and joint resolutions introduced by
Finch, E. J. : foF relief (see bill II. R. 2 6 2 2 8 ), 10703.
Thomasville, N. C . : to erect public building at (sec bill II n
1 8 3 2 4 ), 1128.
X
'
'
Motions and resolutions offered by
Adjourn : to, 10703.
Hookworm and soil pollution : to print w all chart on (sec IT Rr>«
3 8 0 ), 1128.
%
*
S'
Treasury D epartm ent: inquiry relative to findings of employees
assigned to investigate methods of auditing, accounting ote
in (see H . Res. 3 3 7 ), 358;
”
Petitions and papers presented by'ifrom
Citizens and individuals, 1131.% .562, 1872, 2076, 2277.
Societies and associations, 286o.%
Remarks by, on
%
Akin, M r. : speeches by, 11020.
'$
Bubonic plague, 7944.
X
Bureau of Fisheries, 8320.
Distribution of public documents, 6 1 90, 6197.
Ellis Island, N. Y .. immigrant station, .8324, 8325, 8326.
Jileno-e 5828, 5 8 3 0
X,
Mileage, 5 8 0 8 5830
National defense, 2479.
President’s traveling expenses, 8109. 8110,1 8112, 8113, 8114.
^
Revolutionary W ar records, 10247, 10248. \
Schofield Barracks, Hawaii, water leases, 10X15, 10316.
Seed distribution, 2962, 2963, 2964, 2985, 2966.
Special land-office agents, 8179.
Sundry civil appropriation bill, 7 7 6 1 -7 7 6 7 , 7 8 8 X
W ilm ington. N. C., marine-hospital reservation, S625.
•
V otes of. See Y e a - a n d -N a y V o t e s .
PAG E, W E L D O N B., appoint second lieutenant in Army (See bill II. R
2 5 6 4 8 ).
\
PAGO PAGO, T U T U IL A . amendment in Senate making appropriation
for special mail facilities from San Francisco, Cal., to»,4169.
P A IG E , H U G H B., pension (see bill II. R. 1 8 2 6 9 ).
\
P A IN E , E L IZ A A ., pension (see bill H . R . 2 4 8 3 4 ).
\
P A IN E , R O B ER T T ., report of Court of Claims on claim of (S. Doc
7 7 6 ), 7771.
P A IN E , S A R A H , pension (see bill S. 7 1 4 2 ).
P A IN E , W IL L IA M II., increase pension (see bill II. R. 2 4 0 2 6 * ).

The * indicates bills acted upon. See “ History of Bills.”

CONGRESSIONAL RECORD— SENATE.
SEN ATE.
M

f

o n d a y

.

December 11, 1911.

The Senate met at 2 o’clock p. m.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
W i l l ia m O. B r a d l ey , a Senator from the State of Kentucky;
W i l l ia m L o r im e r , a Senator from the State of Illinois; J a m e s
A. O ’ G o r m a n , a Senator from the State of New Y ork; a n d
R obert L. O w e n , a Senator from the State of Oklahoma, ap­
peared in their seats to-day.
The Journal of the proceedings o f Thursday last was read
and approved.
Sundry messages in writing from the President o f the United
States were communicated to the Senate by M. C. Latta, one of
the President’s secretaries.

J

$

M E S SA G E FR O M T H E H O U SE .

A message from the House of Representatives, by J. C. S ou th /
its Chief Clerk, announced that the House had passed the fol­
lowing bills, in which it requested the concurrence of the Senate :
II. R. 13278. Aii act to authorize the construction of a bridge
across Caddo Lake, in Louisiana; and
/
! H II 13988. An act to authorize the Director of the Ccujhis to
Collect and publish additional statistics of tobacco.
/
P E T IT IO N S A N D M E M O R IA L S .

/

The PRESIDENT pro tempore presented a petition o| the Na­
tional Indian War Veterans’ Association, praying
the en­
actment o f legislation granting pensions to those Who served
the Government from 1865 to 1890, which was referred to the
Committee on Pensions.
/
He also presented a petition of the Philadelphia Brigade As­
sociation, Grand A rm y/of the Republic, o f Penniiylvania, pray­
RA ILRO AD S E C U R IT IE S C O M M IS S IO N ( H . DOC. N O . 2 5 6 ) .
The PRESIDENT pro tempore laid before the Senate the ing for the passage o f the so-called old-age peijtaon bill, which
following message from the President of the United States, was referred to the Committee on Pensions. A
He also presented a resolution adopted by Me Conference for
which was read, and, with accompanying paper, referred to the
Committee on Interstate Commerce and ordered to be printed: Panama Canal Free Tolfi| for Coastwise Commerce, held at
Washington, D. C., favoring,.the enactment of legislation author­
To the Senate and House of Representatives:
izing free tolls through the Panama Canal for vessels engaged
I transmit herewith for your consideration the report which in domestic commerce between the ports/of the United States,
lias been made to me by the Railroad Securities Commission, which was referred to the Committee oiYInteroceanic Canals.
He also presented a memorial o f thqi Federation of Labor, of
appointed under the authority of section 1G o f the act to create
a Commerce Court, approved June 18, 1010 (36 Stat., 556). The Cleveland, Ohio, remonstrating against the repeal or modifica­
report evidences for itself the careful consideration which it tion of the present currency system,- which was referred to the
has received from the commission, and I heartily concur in the Committee on Finance.
He also presented a memorial o f Me congregation of the South
recommendations it contains and urge that appropriate action
Texas Seventh-day Adventist Church, o f Houston, Tex.,
he taken to carry these recommendations into effect.
W m , H. T a f t .
remonstrating against the enforced observance of Sunday as a
day of rest in the District of Columbia, which was ordered to
T iih W h it e H o u se , Deccnihcr 11, 1911.
lie on the table.
I S T H M I A N C A N A L C O M M IS S IO N ( I I . DOC. NO. 1 6 2 ) .
He also presented a petition of the Chamber of Commerce of
The PRESIDENT pro tempore laid bfefore the Senate the fol­ New York, praying for the ratificationyof all arbitration treaties
lowing message from the President of the United States, which now pending before the Senate and die approval of the Nica­
was read, ordered to be printed, and, with the accompanying raguan and Honduran conventions, which was referred to the
Paper, referred to the Committee on/Interoceanic Canals:
Committee on Foreign Relations.
%
To the Senate and House o f Representatives:
He also presented a petition of the t}oard o f Foreign Mis­
I transmit herewith, pursuant p6 the requirements o f chapter sions of the Methodist Episcopal Church/praying for the rati­
lp02, Thirty-second 'Statutes, page 483, “An act to provide for fication of all arbitration treaties now% pending before the
the construction o f a canal connecting the waters o f the At­ Senate, which was ordered to lie on the tame.
He also presented a resolution adopted by the Women’s
lantic and Pacific Oceans,” approved June 28, 1902, the annual
deport o f the Isthmian Canal Commission for the fiscal year Christian Temperance Union of Colorado, favoring the erection
of a statue of peace at the entrance to the Panama Canal,
ended June 30, 1911.
1
which was referred to the Committee on Tnteroceanic Canals.
/
W m . II. T a f t .
Mr. GALUINGER presented a memorial Of the Improved
T iie W h it e H ouse , Dccqftnbcr 11, 1911.
Paper Machinery Co., o f Nashua, N. II., remo%trating against
REPORT ON O RD N A N C E A l i i F O R T IF IC A T IO N S ( H . DOC. N O. 1 3 0 ) .
any change being made in the present duty on pulp and paper,
The PRESIDENT pro Mmpore laid before the Senate a com­ which was referred to the Committee on Finance.
munication from the Secretary of War, transmitting the twentyHe also presented the petition o f C. W. Hannaford, o f Ports­
th'st annual report o f Ahe *Board of Ordnance and Fortifica­ mouth, N. II., and the petition o f Frances Batliler, of Dover,
tions for the fiscal yetlr ended June 30, 1911, which was re- N. II., praying; that an appropriation be made for the construc­
ferred to the Committee on Military Affairs and ordered to be tion o f a highway from Washington, D. C., to Gettysburg, Pa.,
Printed.
f
\
as a memorial to Abraham Lincoln, which were referred to the
Committee on Appropriations.
O N E ID A I N D I E S OF W IS C O N S IN ( l l . DOC. N O . 2 5 1 ) .
He also presented a petition o f Local Lodge No. 444, Inde­
The PRESIDENT pro tempore, laid before the Senate a com­
pendent Order o f B’rith Abraham, of Concord, N. II./ praying
munication from jh e Secretary of the Interior, transmitting, for the abrogation of the present treaty between the/United
Pursuant to law, t£e result of the reopening of negotiations with States and Russia, which was referred to the Committee on
tiie Oneida Indians of Wisconsin for the commutation of their Foreign Relations.
Perpetual annuities under treaty stipulations, which, with the
He also presented petitions of the George Street Chapel
accompanying pfiper, was referred to the Committee on Indian
Sunday School, o f Keene; o f the congregations of the First
•Affairs and ordered to be printed.
X
Congregational Church o f North Conway, of the First Baptist
/
%
.^FINDINGS OF T I I E COURT OF C L A IM S .
Church o f Franklin,, and o f Rev. C. C. Garland, o f Concord,
The PRESIDENT pro tempore laid before the Senate com- all in the State of New Hampshire; o f the Republican Club of
uiunications/from the assistant clerk of the Court o f Claims, New York City, N. Y .; and o f the Delaware Peace Society, of
transmitting findings o f fact and conclusions o f law filed by the Wilmington, Del., praying for the ratification of the treaties ofarbitration between the United States, Great Britain, a n d /
Court in the following causes:
D avid Hockensmith, administrator de bonis non o f George W. France, which were ordered to lie on the table.
Mr. CULLOM presented petitions of sundry citizens of Illi­
Uockensmith, deceased, v. United States (S. Doc. No. 141) ; and
The County Court of Randolph County, W. Va., v. United nois, California, New York, Rhode Island, Delaware, Washing­
ton, and Massachusetts, praying for the ratification of the pro-'
states (S. Doc. No. 142).
The foregoing findings were, with the accompanying papers, posed treaties of arbitration between the United States, Great
referred to the Committee on Claims and ordered to be printed. Britain, and France, which were ordered to lie on the table.
He also presented a petition of sundry members of the
IM P R O V E M E N T OF RIVERS A N D H AR BO RS ( S . DOC. NO. 1 4 0 ) .
Illinois National Guard, praying for the enactment of legislation
Tile PRESIDENT pro tempore laid before the Senate a com­ to provide pay for members of the Organized Militia, which was
munication from the officers o f the National Rivers and Har­ referred to the Committee on Military Affairs.
He also presented a petition of Local Lodge No. 498, Interna­
bors Congress, transmitting resolutions adopted by that body
favoring a continuance by Congress of its policy o f annual ap­ tional Association of Machinists, of Beardstown, 111., and a
propriations for the improvement of rivers and harbors, for petition o f Local Lodge No. 58, Switchmen’s Union, of Chicago,
continuing the contract system, and authorizing free tolls for 111., praying for the repeal o f the present oleomargarine law,
American ships over improved waterways, etc., which were re­ which were referred to the Committee on Agriculture and
ferred to the Committee on Commerce and ordered to be printed. Forestry.
XLVIII-

12




178

CONGRESSIONAL RECORD— SENATE.

D ecember n

He also presented memorials of the congregations of the
Seventh-day Adventist Churches o f Chicago and Onarga, in the
State of Illinois, remonstrating against the observance of Sun­
day as a day of rest in the District o f Columbia, which were
ordered to lie on the table.
lie also presented petitions of sundry lodges of the Order of
B ’rith Abraham of Chicago; of Local Lodge No. 232, Independ­
ent Western Star Order, o f Peoria; and the congregation of
Kehilath Anshe Mayriu of Chicago, all in the State of Illinois,
praying for the abrogation of the treaty between the United
States and Russia, which were referred to the Committee on
Foreign Relations.
Mr. WILLIAMS. Mr. President, I present resolutions in the
form of a petition which I ask may be read and referred to the
Committee on Foreign Relations.
There b e in g no objection, the resolutions were read and re­
ferred to the Committee on Foreign Relations, as follows:
Resolutions adopted at a mass meeting of the people of Mississippi,
held on Tuesday, November 21, at the capitol at Jackson, Miss.,
calling for the abrogation of our treaty with the Empire of Russia.
.For more than a generation passports issued by our Government to
American citizens have been openly and continually disregarded and
discredited by Russia in violation of its treaty obligations and the
usage of civilized nations.
During all that time, administration after administration, irre­
spective of party, has protested against this insult and humiliation, and
Congress has on repeated occasions given emphatic expression to its
resentment of the stain imposed upon our national honor.
Diplomacy
has exhausted itself in ineffectual effort to bring relief, for which a new
generation is impatiently waiting.
The citizenship of every American who loves his country has in
consequence been subjected to degration, and it has become a matter of
such serious import to the people of the United States as an entirety
that this condition can no longer be tolerated: Therefore be it
Resolved, That it is the sense of this meeting, speaking in the m m ?
of many citizens of Mississippi, having at heart the preservation of
the honor of our Republic and joining in generous emulation with
citizens in all other States, to elevate its moral and political standards
and to stimulate an abiding consciousness of its ideal missions among
the nations of the earth ; that the President of the United States, the
Department of State, and Congress be respectfully and earnestly urged
to take immediate measures in conformity with the express terms of
the treaties now existing between the United States and Russia and in
accordance with the law of nations to terminate such treaties to the
end that if treaty relations are to exist between the two nations it
shall be upon such conditions and guarantees only as shall be consonant ;
with the dignity of the American people.
E. F. N oel , Chairman.
A
F r e d e r ic k T u l l e n s , Secretary?*

fte also presented a memorial o f Winchester Post, No. jjyjDepartment o f New York, Grand Army of the Republic, 0f
•Brooklyn, N. Y., praying for the enactment of legislation pro.
viding for the incorporation of the Grand Army of the Repub.
lie, which was referred to the Committee on the District 0f
Columbia.
He also presented petitions o f sundry citizens o f Palmer
Mr. O’GORMAN presented a concurrent resolution of tlie le g ­
islature of New York, which was referred to the Committee on Jamestown, and Buffalo, all in the State o f New York, praying
Military Affairs and ordered t o be printed in the R e c o r d , a s for tbe repeal of the present oleomargarine law, which were
referred to the Committee on Agriculture and Forestry.
follow s:
jf
I n A s s e m b l y , SeptemberJfO, 1911.
He also presented petitions of sundry citizens, churches, ana
By unanimous consent, Mr. Cuvillier offered for the consideration of civic organizations of New York City, Utica, Dolgeville, Dobbs
the house a resolution in the words following :
Ferry, Rochester, Geneva, Fort Byron, Wappingers Falls. Al­
Resolution petitioning Congress to establish an Army po^T in the city
bany, Saugerties, and Amsterdam, all in the State of New York
of Albany, State of New York.
Whereas the city of Albany is considered the most itffportant strate­ praying for the ratification of tbe proposed treaties of arbitra­
gic point of defense on the Atlantic seaboard, located A t the confluence tion between the United States, Great Britain, and France
of the Hudson and Mohawk Rivers and the Erie Cmial, thereby con­
which were ordered to lie on the table.
necting the city of New York, the greatest seagirt in the United
States, with the navigable Hudson River, the W est Shore, and the
He also presented a memorial of the congregation of the First
New York Central lines, constituting the greatest rail and water line
German Seventh-day Adventist Church o f Brooklyn, N. Y., re­
of communication in conjunction with the Erie, Lehigh Valley, and the
monstrating against the observance o f Sunday as a day of rest
Delaware & Lackawanna systems, which converge with the W est Shore
and New York Central, where the jugular verb of the Nation’s com­
in7the District o f Columbia, which was ordered to lie on the
merce lies uncovered on the border of a foreis^a frontier.
table.
v '
Whereas the city of Albany stands at the junction of lines of com­
munication to the east, west, south, and north, and constitutes a
Mr. BRIGGS presented petitions of L. G. White, of Asburv
point from which United States troops cCnild move to active defense
Park; William C. Hendrickson, o f Belle Mead: S. B. Renick
with the least resistance ; and it is the d sty of each State to lend the
and J. W. Smith, of Bloomfield; A. N. Roe, of Branchville; the
assistance to the United States Governjnent in the protection of the
United States from a foreign invasion?
First Presbyterian Church of Burlington; R. H. Blake and
Resolved (if the senate concur), Tiifit it is the sense of the Legis­ Lewis Buddy 3d, o f East Orange; the Presbyterian and Lutheran
lature of the State of New York thgjrc the United States Government
Churches of German Valley; the Firesburg Congregation of
establish an Army post in the city p i Albany ; and the State of New
York, through its legislature, will qj all times patriotically render any
Salem County; the West Side Presbyterian Church of Engle­
assistance to the United States Government ip the proper defense of
wood; L. R. Laban, of Harlingen; the Methodist, Presbyterian,
the Nation ; and he it further >
and Baptist churches of Highstown; the First Presbyterian
R esolved, That the Representatives in Congress from the State of
New York he requested to use. their endeavors to establish an Army
Church of Jersey City; the Reformed Church of Lebanon; the
post in the city of Albany a t-th e next session of Congress, which con­
Montclair Heights Reformed Church and Edgar S. Wiers, of
venes on the first Monday in December, 1011 ; and be it further
Resolved, That a copy of this resolution be forwarded to the Presi­ Montclair; the Roseville Methodist Episcopal Church and the
dent of the Senate and the Speaker of the House of Representatives
First Congregational ..Tube Memorial Church, of Newark; tlie
and to each Member of the.'House of Representatives and Senators.
First Methodist Episcopal Church of Park Ridge; the Board of
S e p t e m b e r 30, 1911.
Trade of Bound Brook; the conference o f clergy of the Epis­
The senate returned th e concurrent resolution petitioning Congress
copal Church in the diocese of Newark; the Presbyterian
tov establish an Army post in the city of Albany, with a message that
they have concurred in the passage of the same without amendment.
Church o f Barnegat; the Baptist Church of New Monmouth;
O f f ic e o f t h e C l e r k o f t h e A s s e m b l y .
Rev. R. F. Bresnahan, of Hamburg; B. C. Pond, of Paterson;
S t a t e of N e w Y o r k , County of Albany, s s :
the Religious Society of Friends of Plainfield; the First Metho­
I. George R. Van Namee, clerk of the assembly, do hereby certify
dist Episcopal Church of Phillipsburg; the Religious Society of
that I have compared the foregoing record of proceedings of the
Friends of Shrewsbury and Plainfield; the Inter-Church Fed­
assembly of September 20 and 30, 1911, relative to the resolution
eration o f Salem County; Horace S. Osborne, of Upper Mont­
therein set forth with the original thereof as contained in the original
official copy of the journal of proceedings of the assembly of said dates
clair; J. S. Johnson, Mrs. J. S. Johnson, Mary L. Knaufft,
and that the same is a true and correct transcript of said journal of
Edward L. Truslow, and H. De Gehring. of Summit; the Union
proceedings in so far as the same relates to said resolution and of the
Place Methodist Episcopal Church, o f Union H ill; Isaac Senzner,
whole thereof.
In witness whereof I have hereunto set my hand and affixed my
of Trenton; and the Calvary Baptist Church of Westwood, all
official seal this 3d day of October, 1911.
in the State of New Jersey, praying for the ratification of the
[ s e a l .]
G. R. V a n N a m e s ,
proposed treaties o f arbitration between the United States,
Clerk of the Assem bly.



1911.

CONGRESSIONAL RECORD— SENATE.

185
lAg1* '
**

A. bill (S. 3G40) to amend certain sections o f the Revised
Statutes o f the United States, and to provide for the designa­
tion of fleet staff officers in the N avy;
A bill (S. 3641) to provide for the deposit in the Treasury
o f the United States o f moneys unclaimed , by next of kin
belonging to deceased inmates o f the naval home or derived
from the sale of their personal effects, and for other purposes;
A bill (S. 3042) to amend the act o f January 25, 1S05, as
amended by the act o f March 3, 1901, relative to the administra­
tion of oath s;
A bill (S. 3643) to provide for the examination for promo­
tion o f officers o f the Navy by a single, examining board, and
for other purposes;
A bill (S. 3044) to provide for a reserve of personnel for the
United States Navy and Marine Corps and for its enrollment;
A bill (S. 3G45) to amend the huv providing for the payment
o f the deaik gratuity as applicable to. the Navy and Marine
Corps; and
A bill (S. 364G) to amend an act entitled “An act to promote
the administration o f justice in the Navy,” to amend section
1624 of the Revised Statutes/and for other purposes; to the
Committee oh Naval A ffa irs./
A bill (S. 3647) granting ah increase o f pension to Fredericka
T rilley ;
/
A bill (S. 3648) granting an increase of pension to John A.
B oulger; and
A bill (S. 3040) granting an increase of pension to James Gal-lagher; to the Qpmmittde on Pensions.
By Mr. O V E R M A N :/
A bill (S. 3050) fo r the relief of heirs of Rufus Avery, de­
ceased; to the Commjttee on Claims.
By Mr. BR.ADLEV?:
A bill ( S. 3051) fsSr the relief o f Gilbert Wilkerson and Jere­
miah Sparks, alias/bave Sparks; and
A bill (S. 3052)4for the relief o f the estate of John Westley
Eubanks, decease#; to the Committee on Claims.
A bill (S. 36|3) granting an increase of pension to Silas
Wilder (with a<S*ompanying papers) ; and
A bill (S. S(#>4) granting an increase of pension to John AI
Doan (with accompanying papers) ; to the Committee on P en/
sions.
f
By Mr. CRANE:
A bill (S /3655 ) granting an increase o f pension to Maria L.
M iller;
£
A bill (£. 3650) granting an increase o f pension to Martin
V. B. K n ox ; and
A bill i s . 3057) granting an increase of pension to Matthew
OTialloufm: to the Committee on Pensions.
By aR. MARTIN o f Virginia :
A bi|l (S. 3058) for the relief o f J. N. W hittaker; to the
Commjttee on Claims.
A Ijf ll (S. 3059) granting a pension to Sarah F. M aynard;
A |(ill (S. 3000) granting a pension to Roland B. Horsley;
ill
A Jail (S. 3061) granting a pension to Walter S. Buchanan;
and#

A? bill (S. 3002) granting an increase of pension to Rachael
C lim b ers; to the Committee on Pensions.
jky Air. BORAH :
|A bill (S. 3003) granting an increase of pension to Ozro AI.
Ifale (with accompanying papers) ;
/ A bill (S. 3064) granting an increase of pension to Louisa A.
Brown (with accompanying papers) ;
t A bill (S. 3005) granting an increase of pension to Elizabeth
/L ile (with accompanying papers) ;
j
A bill (S. 3000) granting an increase o f pension to George
f M. Conner (with accompanying papers) ;
A bill (S. 3007) granting an increase o f pension to Dennis
McCarty (with accompanying papers) ;
A bill (S. 3008) granting an increase o f pension ‘to Jesse
Nott (with accompanying papers) ;
A bill (S. 3609) granting an increase of pension to Eward
Seaton (with accompanying papers) ;
A bill (S. 3070) granting an increase o f pension to Samuel
M. Skelton (with accompanying papers) ;
A bill (S. 3071) granting an increase o f pension to Elijah H.
Spencer (with accompanying papers) ; and
A bill ( S. 3672) granting an increase of pension to Edwin
E. Austin (with accompanying papers) ; to the Committee on
Pensions.
By Air. TILLM AN:
A bill (S. 3073) granting pensions to Lola B. Ilendershott
and Louise Ilendershott; and
A bill (S. 3074) granting a pension to Dora D. W alker; to
the Committee on Pensions.




By Air. CHILTON:
-# 1
A bill (S. 30<5) to correct the military recc
of John A.
Patterson; to the Committee on Military AffaJjj^S;
By Air. DILLIN GH AM :
A bill (S. 3070) granting an in crea^ t^ f pension., to Manlius
Holbrook (witESaccompanying paper
A bill (S. 3077)^granting an y^fease of pension to John A.
AIcFeeters (with accompanying-df;;pers) ; apd
A bill (S. 3678) grantinagfff in c r e a s e ,p e n s io n to John G.
Smith (with accom panyi^ paper) ; to ’{lie Committee on Pen­
sions.
.= •
By Air. CIIA AIB ERT.A IN : _
A bill (S. 3079.), granting ap Increase o f pension to Abner E.
Armstrong ( vylfR accompanying papers) ;
A bill (SvjSoSO) granting an incrhf£§g o f pension to Alalchi
Baughman (w ith accompanying papers) p -.,
A bill ifs. 30S1) granting an increase of pteqxion to Hiram It.
AlcCord (with accompanying papers) ;
N.-.
A bill (S. 3G8f) granting an increase of pension to Alahlon
Petree (with accompanying papers) ;
~
A bill (Jjh'SOSS) granting an increase o f pension to James
Petree (wren accompanying papers) ; and
A bill ’( 8. 30S4) granting an increase of pension to William
Lyman Chittenden (with accompanying papers) ; to the Com­
mittee on Pensions.
By Air. O W E N :
A bill (S. 3685) authorizing the Secretary of the Interior to
permit the Denison Coal Co. to relinquish certain lands em­
braced in its existing Choctaw and Chickasaw coal lease, and
for other purposes; and
A bill (S. 3680) authorizing the Secretary o f the Interior to
permit the Alissouri, Kansas & Texas Coal Co. and the Eastern
Coal & Alining Co. to exchange certain lands embraced within
their existing coal leases in the Choctaw and Chickasaw Nation
for other lands within said nation; to the Committee on Indian
Affairs.
A bill (S. 3687) granting an increase of pension to Robert S.
Kariho (with accompanying paper) ; and
A bill (S. 3G8S) granting tin increase o f pension to Andrew
McDonal (with accompanying papers) ; to the Committee on
Pensions.
........
; .

A.: '

4

4 :

A bill (S. 3089) granting an increase of pension to Edwin
Underhill;
A bill (S. 3090) granting an increase of pension to Henry G.
Carbee;
A bill (S. 3691) granting an increase of pension to Am brose/
A. Stiles;
A'
A bill (S. 3692) granting an increase o f pension to Franci^E.
Stevens; and
A bill (S. 3693) granting an increase o f pension to Charles
Morgrage; to the Committee on Pensions.
By Air. SAIITH of South Carolina:
A joint resolution (S. J. Res. 62) relating to cotthti statistics;
to tlie Committee on Agriculture and Forestry,,

UNIVERSITY* an TIIE UNITED STATUS.

Air. GALLINGER. On (tie 8tli day of May last I intro­
duced for the late Senator fflopi Alaine, Air. Frye, a bill (S.
2050) to establish the University of the United States, which
was referred to the appropriate 'commUtee. I have been re­
quested to introduce a hill with siwam changes from the one
I formerly introduced, and I ask pea:’ih%sion to have the former
bill indefinitely postponed and thft't this/pill be referred to tlie
proper committee.
/"
Tlie PRESIDENT pro tempore. Without, objection, Senate
bill 2050 will be indefinitely' postponed and the bill now intro­
duced by tlie Senator fra p New Hampshire will he read twice
t> r its title.
5
J ?'
The hill (S. 3559 )
establish the University ftf the United
States was read twige by its title and referred to the Committee
on tlie University/^! tlie United States.
A D M IN IS T R A T IO N

OF

O A T IIS .

\

Air. BUR'l’IW. By request I introduce a bill to amend sec­
tion 1 of the Revised Statutes o f the United States in relation
to oaths,,<vhicli I ask to have read at length, and I presew: a
brief accompanying memorial, which I ask may be printed in
the IyCcoRD.
The bill (S. 3579) to amend section 1 of the Revised Statutes
of,Tlie United States in relation to oaths was read the first
time by its title and tlie second time at length, as follow s:
A bill

(S. 35 7 9 ) to amend section 1 of the Revised Statutes of the
United States, in relation to oaths.
^ Tie it enacted, etc., T hat section 1 of the Revised Statutes of the
United States be amended by adding to tlie words “ the requirements

CONGRESSIONAL RECORD— SENATE.

186

of an oath shall be deemed complied with by making affirmation in
judicial form ” the following clau ses:
The form of the oath which may be taken or administered in the
courts or elsewhere under the laws of the United States shall be as
follows :
First. “ In the presence of Alm ighty God I do solemnly promise (or
declare),” etc. And it shall not bo lawful to add to any oath the words
“ so help me God,” or any imprecatory words whatsoever.
Second. The manner or administering oaths shall be by requiring the
person making the same to hold up his hand in token of his recognition
of the solemnity of the act, except in those cases wherein it shall
appear that some other mode is more in accordance with the religious
faith of the swearer.

Tlie PRESIDENT pro tempore. The bill will be referred to
the Committee on the Judiciary, and without objection the
accompanying memorial will be printed in the R ecord .
There being no objection, the memorial w a s referred to the
Committee on the Judiciary and ordered to be printed in the
R ecord , a s f o l l o w s :
To tlic honorable the Senate and House of Representatives in Congress
assembled:
W e, the undersigned, believing that the imprecatory words “ so help
me God ” and those of like import in the oaths which have long been
administered in our courts are but little understood by the majority of
those who take them, while they arc not essential to the true intent
of the oath as now interpreted and add nothing to the solemnity
thereof, would hereby respectfully petition the Congress of the United
States to pass the annexed act, providing a form which has been used
for more than 10 years past in the State and United States courts
sitting in Maryland.
Thos. J. Morris, United States district judge for the district
of M aryland; W m . F. Stone, collector of custom s; J.
Barry Mahool, mayor of Baltimore, Md. ; Ira Remsen,
president Johns Hopkins University ; Charles J. Bona­
parte, late Attorney General of ‘the United S ta te s ;
Edgar Allan Poe, city solicitor, Baltimore C it y ; Geo.
Whitelock, attorney at law and United States commis­
sioner on uniform State laws ; Charles F. Thwing, presi­
dent of Western Reserve University ; Evan II. Hopkins,
attorney at law.
THE

A M E R IC A N

TOBACCO

CO . E T A E .

D ecember 11 y

I will submit some remarks in support of Senate resolution
No. 160, providing for the investigation of the Soldiera/Horne
at Santa Monica, Cal., and upon the general subject of the
obligation of the Government to the veterans of theiCivil War.
H O U S E B IL L S

REFERRED.

JF

The bill (H. R. 139S8) to authorize the DireoJor of the Cen­
sus to collect and publish additional statistic!? of tobacco was
read twice by its title and referred to the .Committee on tho

Census.

The bill (H. II. 13278) to authorize U ' construction of n
jK
bridge across Caddo Lake, in Louisiana, Jwas read twice by j('s
title and referred to the Committe on CdSnmerce.
PROPOSED L E G IS L A T IV E ^ R O G R A M .

Mr. NEWLANDS. Mr. President, -f desire to call up Senate
resolution 159, regarding a legislative program during the pres­
ent session. I would like to mahw a brief statement explana­
tory of the resolution, without interruption, and at its close I
shall ask unanimous consent fo f the consideration of the reso­
lution.
At the last extra session of Congress I offered a resolution
providing for a legislative program, declaring it to be the sense
of the Senate that legislation should be enacted upon nine sub­
jects, and that seven other subjects should be considered by
the appropriate committees with a view to legislative action
at the next regular session. This resolution was debated from
time to time, but \yasAiot acted upon; but of the nine subjects
covered by it, six were taken up by Congress and disposed of
namely, (1) the reciprocity bill; (2) the enlargement of the
free list of importations; (3) the reduction o f duties in the
wool, cotton, and'steel schedules; (4) the publicity of campaign
expenditures; (5) the election of United States Senators by
popular vote; and (6) the admission of Arizona and New
Mexico, although in several instances the action of Congress
became inoperative through the veto of the President.

Mr. CUMMINS. Mr. President, I desire to give notice that
on Wednesday of this week, immediately following the routine
A NEW LEGISLATIVE PROGRAM.
morning business, I will address the Senate, if it will hear me,
Last Thursday I offered in the Senate a new resolution,
upon the importance of securing a review by the Supreme Court
of the United States of the decree lately entered by the Circuit declaring it to be the sense of the Senate that during the
Court for the Southern District of New York in The American present session the appropriate committees should consider and
Tobacco Co. case, and upon a bill for that purpose, which I Congress should enact legislation upon 13 subjects, 4 of them
under the head of tariffs and taxation, providing for a reduc­
now introduce.
of excessive
steel schedules;
The bill (S. 3607) to give the right o f appeal to the Supreme, tion enlargement duties in the wool, cotton, andreduction of pro­
the
of the free list; the gradual
Court of the United States to certain organizations or persons?1 hibitory duties; and an increase in the corporation tax suffi­
in the suit of the United States v. The American Tobacco < ■ cient to make up any deficit in revenue as a result of the
&
et al. was read twice by its title.
reductions of customs duties; 3 under the head of interstate
The PRESIDENT pro tempore. Does the Senator
commerce, providing for the physical valuation of railroads as
that the bill lie upon the table until after he address
a factor in rate regulation, preventing stock watering, and pro­
Senate?
Mr. CUMMINS. I am quite willing that it be referirfB at this viding for an interstate trade commission, with powers over
interstate trade similar, so far as practicable, to those pos­
time to the Committee on the Judiciary.
jT
The PRESIDENT pro tempore. The bill will bty referred to sessed by the Interstate Commerce Commission regarding inter­
state transportation; and several other subjects, relating to
the Committee on the Judiciary.
/
reform in our banking system, the development and regulation
GOVERNMENT-OWNED RAILROAD IN ALASKA.
o f our rivers by cooperation o f the scientific services and the
Mr. LA FOLLETTE. Mr. President, I submit an amend­ cooperation of the Nation with the States in both plans and
ment which I propose to offer to the bill (§ff 3124) to provide works, the protection o f our natural resources against monopo­
for the leasing of coal and coal lands hi the Territory of listic control, the upbuilding of an American merchant marine
Alaska. The proposed amendment provides for the construc­ by free entry to all ships, wherever built, the construction of an
tion and operation of a Goveniment-owysed railroad in Alaska. auxiliary navy, to be used in time of war in aid of our fighting
I ask to have the amendment printed and referred to the Com­ ships and in time o f peace in service through the Panama
Canal and establishing new routes o f commerce with foreign
mittee on Public Lands, having charge of that bill.
The PRESIDENT pro tempore. /T h e amendment will be countries through lease to shipping companies; and, finally,
the reduction of our military expense to a sum not exceeding
printed and referred to the Committee on Public Lands.
$200,000,000 annually for our Army and Navy through the aid
THE ARLINGTON ESl'ATE, VIRGINIA.
of a military board to be selected by the President.
Mr. PERKINS submitted an jjsnendment proposing to transfer
THE INITIATIVE IN LEGISLATION.
and place under the control atid jurisdiction of the Navy De­
Under* our form o f government the initiative in legislation
partment for use for naval purposes certain Government land is given by the recommendation of the President, acting under
in Alexandria County, Va., .Known as the Arlington estate, etc., his constitutional power. But this initiative means little unless
intended to be proposed by' him to the naval appropriation bill, the party to which the President belongs is in power in both
which was referred to rlie Committee on Naval Affairs and Houses and unless the President is the leader o f a harmonious
ordered to be printed.
party. Neither of these conditions exists to-day. The House
HEARINGS BEFORE THE COMMITTEE ON COMMERCE.
is Democratic whilst the executive departments and the Senate
Mr. NELSON submitted the following resolution (S. Res. are under Republican control, but in the Senate the dominant
164), which was read and referred to the Committee to Audit party is so divided against itself that harmony of action does'
not exist upon important matters.
and Control the Contingent Expenses of the Senate:
In England and other countries where a responsible ministry
Resolved, That tlie Committee on Commerce, or any subcommittee
thereof, be authorized to send for persons and papers and to administer exists the initiative in legislation is given to it, and it is
oaths, and to employ a stenographer to report such hearings as may
charged with the responsibility of framing Government measures
be had in connection with any subject which may be pending before
which are submitted to the legislative body and supported by
said committee, and to have the same printed for its use, the expenses
such ministry through all the stages of legislative action.
thereof to be paid out of the contingent fund of the Senate ; and that
the committee or any subcommittee thereof may sit during the sessions
Under our form of government there is no responsible
of the Senate.
ministry, and the initiative for legislation rests entirely upon
NATIONAL SOLDIERS’ HOME, SANTA MONICA, CAL.
the individual members of the Senate or of the House. It is
Mr. WORKS. Mr. President, I desire to give notice that on true that under the custom of the parties the Speaker of the
Thursday next, immediately after the routine morning business, House and the leader of the dominant party in the Senate,



1911.

CONGRESSIONAL RECORD— SENATE.

n
By Mr. GALLINGER :
remonstrating against the extension o f the parcels-post system
beyond its present limitations, which were referred to the Com­
l
A bill (S. 3097) to compensate the commissioners to revise
mittee on Post Oflices and Post Roads.
the statutes relating to patents, trade and other marks, and
He also present petitions o f the congregations o f the Churchi trade and commercial names, for services rendered (with accomL
of Christ, the First Presbyterian, the First Baptist, aud the panying paper) ; to the Committee on Patents.
e
First Methodist Episcopal Churches, o f Lawrence, Kans., and
I
By Mr. BRANDEGEE :
of sundry churches o f McPherson, Kans., praying for the enact­
A bill (S. 369S) granting an increase o f pension to Susan E.
ment o f an interstate liquor law to prevent the nullification of M iller; and
f
State liquor laws by outside liquor dealers, which were referred
1
A bill (S. 3099) granting a pension to Kate N. Foote; to the
to the Committee on the Judiciary.
Committee on Pensions,
f
By Mr. WETMORE :
Mr. TILLMAN presented a memorial o f the congregation of
A bill (S. 3700) to amend an act entitled “ An act for the
the Seventli-day Adventist Church, of Campolullcr, S. C., re­
monstrating against the enactment o f legislation for the observ­ widening of Benning Road, and for other purposes,” approved
ance o f Sunday as a day of rest in the District o f Columbia,, May 16, 1908; to the Committee on the District o f Columbia.
By Mr. JOHNSON o f M aine:
which was ordered to lie on the table.
A bill (S. 3701) to amend section 22 of the act of Congress
Mr. SMITH of Michigan presented a petition of the congre­
ss lion of the First Presbyterian Church o f Port Huron, Mich.,, approved February 4, 1887, entitled “ An act to regulate cmn.
praying foi^tlie enactment o f legislation to prohibit the trans­ merce,” as amended by the acts of Congress o f March 2, 18S9,
i
portation o f intoxicating liquors into prohibition districts, which and February 8, 1S95; to the Committee on Interstate Com­
merce.
'vas referred\to the Committee on the Judiciary.
I
A bill (S. 3702) granting a pension to Fred Lajoie;
Mr. STONE presented a petition of the Central Trades and
f
A bill (S. 3703) granting an increase of pension to John Dow
Labor Council- of St. Louis, Mo., praying for the enactment of
',
legislation providing that membership in any association or or­ (with accompanying papers) ;
A bill (S. 3704) granting ail increase of pension to Moses E.
ganization for ftie purpose of improving the conditions of labor
R
ball not constitute grounds for the removal of civil-service em­ Kimball (with accompanying papers) ;
A bill (S. 3705) granting an increase o f pension to Henry II.
ployees, which whs referred to the Committee on Civil Service
Bailey (with accompanying: papers) ;
mid Retrenchment,
A bill (S. 3700) .granting an increase o f pension to James L.
He also presented petitions o f the Ministers’ Alliance and
Church Federation; o f Kansas City, and o f sundry citizens of Lane (with accompanying paper) ;
A bill (S. 3707) granting an increase o f pension to Aaron
Carthage and Unionville, all in the State o f Missouri, praying
far the ratification o f the proposed treaties o f arbitration be­ Page (with accompanying papers) ;
A bill (S. 3708) granting an increase o f pension to Sylvester
tween the United States, Great Britain, and France, which were
Abbott (with accompanying papers) ; and
ordered to lie on the table.
A bill (S. 3709) granting a pension to Melvin F. Wyman; to
He also presented a petition of sundry veterans of the Civil
War o f Clinton, Mo., praying for the passage o f the so-called the Committee on Pensions.
By Mr. GAMBLE:
\
old-age pension bill, which was referred to the Committee on
A bill (S. 3711) granting an increase o f pension to Henry
Pensions.
He also presented a memoral of the Allied Printing Trades D. Lockwood (with accompanying papers) ; to the Committee
\
Council o f Kansas City, Mo., remonstrating against the passage on Pensions.
By Mr. OVERMAN:
\
of the so-called Smoot printing bill, which was referred to the
A bill (S. 3712) to regulate the practice of dentistry in the
Committee on Printing.
•
He also presented a petition of Local Lodge No. 37, Switch­ District o f Columbia; to th « Committee on the District of Co­
>
men’s Union, of St. Louis, Klo., praying for the enactment of lumbia.
By Mr. W ILLIAM S:
legislation regulating the number o f men to be assigned to rail­
A bill (S. 3713) to increase the limit o f cost of the public
way locomotives engaged in handling interstate commerce, which
building at Laurel, Miss.; to the:Committee on Public Buildings
mas referred to the Committee fcn Interstate Commerce.
He also presented a petition o f the Congregation Shaare and Grounds.
By Mr. B R A D L E Y :
Shalem, of St. Joseph, Mo., praying for the abrogation o f the
A bill (S. 3714) granting an increase o f pension to Taranndocty
treaty o f 1832 between the UnitedlStates and Russia, which was
Owens (with accompanying papers) ; and
referred to the Committee on For&gn Relations.
A bill (S. 3715) granting an increase o f pension to Tivis C.
He also presented a petition ofTthe Allied Printing Trades
Council of Kansas City, Mo., prayin^.for the enactment of legis­ Simmons (with accompanying papers) ; to the Committee on
lation to further regulate interstate Commerce in convict-made Pensions.
By Mr. SUTHERLAND :
goods, which was referred to the Committee on Interstate Com­
A bill (S. 3710) for the erection o f a public building at St.
merce.
He also presented a memorial of fhe congregation of the George, Utah; to the- Committee on Public Buildings and
Seventh-day Adventist Church o f Clinton, Mo., and a memorial Grounds.
A bill (S. 3717) granting an increase of pension to Diana
° f the congregation of the First Seventh-day Adventist Church
%
° f Nevada, Mo., demonstrating against the observance o f Sun- Christy; to the Committee on Pensions.
By Mr. BOURNE:
(Fiy as a day of rest in the District o f Columbia, which were
A bill (S. 3718) granting an increase o f pension to William
ordered to lie onithe table.
.M r . OLIVER-presented petitions o f the Presbyterian M in-' E. Flesher (with accompanying papers) ; to the Committee on
leers’ Association of Pittsburgh, the Ministers’ Association of Pensions.
By Mr. STONE :
Clinton City add Pottstown, the Business Men's Bible Class of
A bill (S. 3719) for the relief o f Julia L. PaxOn; to the Com­
Ibe Central Pybsbyterian Church of Erie, o f the congregations
of the Centra/ Methodist Church of Wilkes-Barre, the First mittee on Claims.
A bill (S. 3720) granting an increase o f pension to Florida
Presbyterian Church of Beaver Falls, the First Presbyterian
Church of Warren, and the First Methodist Episcopal Church Kennerly;
A bill (S. 3721) granting a pension to Irvin M. Smith;
° f Fottstowfi, all in the State of Pennsylvania, praying for the
A bill (S. 3722) granting an increase of pension to Jacob S.
enactment
an interstate liquor law to prevent the nullifica­
tion of State liquor laws by outside liquor dealers, which were Young (with accompanying papers) ;
A bill (S. 3723) granting an increase o f pension to Henry V.
referred tor the Committee on the Judiciary.
Leach (with accompanying papers) ;
B IL L S IN T R O D U C E D .
A bill (S. 3724) granting an increase of pension to James H.
Bills Were introduced, read the first time, and, by unanimous Cowan (with accompanying papers) ; and
A bill (S. 3725) granting an increase o f pension to John A.'
consent, the second time, and referred as follow s:
Pierson (with accompanying papers) ; to the Committee on
By Mr. B R IG G S:
A bill (S. 3094) to provide for the erection o f a public build- Pensions.
By Mr. OW E N :
ng at Morristown, N. J .; to the Committee on Public Buildings
A bill (S. 3720) granting an increase of pension to Calvin R.
nnd Grounds.
A bill (S. 3095) granting an increase of pension to Ellen B. Lockhart (with accompanying papers) ; to the Committee on
Pensions.
Woodbury; and
I N T E R S T A T E A L C O H O L I C L IQ U O R T R A F F I C .
A bill (g. 3090) granting an increase of pension to John,
iredo (with accompanying paper) ; to the Committee on Penport known as Report No. hip, BRSetb «’on gross.
X L V III
-15



CONGRESSIONAL EECOED— SENATE

226

wa>gnade from the Committee on the Judiciary on the general
subject of ..Rie regulation of interstate commerce in intoxicating
liquors. I presents! pay views as a member of that committee
in a separate bill, attached to-, the report. I desire to introduce
that bill and have it referred to^Jie Committee on the Judiciary.
The bill (S. 3710) to regula-te lliterstate commerce in spiritu­
ous, vinous, malt, and oilier intoxicating liquors, and for other
purposes* wffif’ reart twice by its title and referred to the CommitfCeon the Judiciary.
DEPARTM ENT

OF

H EALTH .

Ml*. OWEN submitted an amendment intended to be proposed
by him to the bill (S. 1) to establish a department of health,
and for other purposes, which was referred to the Committee
on Public Health and National Quarantine and ordered to be
printed.
PERSONAL PRIVILEGE.

Mr. PERCY. Mr. President, the leading article in the
Cosmopolitan Magazine for November, 1911, written by one
George Creel, is entitled “ What aro you going to do about it—
The carnival of corruption in Mississippi.”
The first paragraph of the article reads:
When ^Senator W illiam Lorimer looks? across to the Democratic
side, where Senator L b R oy P ercy sits in undisturbed respectability,
a wave o f resentment must surge up in his throat, for while both are
equally tarred out of the same barrel, the Mississippi Member is not
called upon to suffer any of the disgrace that lias been so thickly
piled upon the Illinois man.
The identical powers that decreed
L orimer ’ s election in Springfield, in 1009, ordered P ercy’ s election in
Jackson, in 1010, and there was likewise identity in method and
purpose.
If anything, the P ercy affair was even more shameful than
the L orimer election, for Mississippi’s legislators were debauched as
well as corrupted.

This indicates the tone of the article, which purports to give
an account of nty election to the Senate by the Legislature of
Mississippi in February, 1910, to fill a term expiring in March,
1913, and my deffc&t in the Democratic primary election, held
in Mississippi in August, 1913, to name a Senator to be elected
by the legislature which convenes in January, 3912, for the full
term following such unexpired term.
Every honest man fin public life who feels called upon to
make answer to calumny and slander, which has found its way
into the public press, :piust experience not,fonly a feeling of
bitter indignation at the brutal wrong doutj but of helplessness
arising from tlie knowledge that the lie will forever outspeed
tlie refutation of it, and. creep into a thousand places from
which, by ignorance, prejudice, or indifference, truth will lie
barred—he is face to face with the t/agic side of public life
in our country. Yet, for the sake of the friends who believe in
a man, and for the sake of those whjB come after him and will
bear his name, it would seem meet/and proper that he should
keep the record straight. Still, Invould be sorely tempted to
leave tlie vindication o f my character to time and to the testi­
mony of those who know me and to permit to pass without
notice tlie article of an obs^hjL-e, venal, and characterless
muckraking magazine writer, inspired by no loftier motive than
the earning of a few pitiful dollars* written in reckless criminal
disregard of truth and proven facts, if such article reflected
upon me alone and was -Vouched for only by its unknown
author. There are two facts contained in the article, one,
that I was elected to the Senate by the Legislature of Missis­
sippi; the other, that in tlie race to succeed myself I was over­
whelmingly defeated in a popular primary. Around these two
facts are gathered a mass of falsehoods and slanders which
did not even tax tM inventive power o f the author, for they
are simply tlie stringing together—a rehash—of campaign lies
denounced on every stump in Mississippi, the falsity of which
had been proven ,by legislative investigation and court decision,
yet the article is prefaced by the following remarkable edi­
torial note:
For years th # great State of Mississippi has been under the vicious
ban of political and legislative corruption.
The “ interests ” — the
Lumber Trust, Oil-Mill Trust, and the rest— have : had their will.
Thev have bribed the legislature, selected their own representatives
in State and Congress, debauched the Government.
Monev, whisky,
women— women with more legislative “ influence ” than scruples—
have been their ready tools. To-day the people are beginning to wake
up. The shackles are snapping.
The first fight in the open is won.
The story of it is a vivid object lesson to every American community
whose political life is at the mercy of corrupt money.

This note is not only an editorial indorsement o f tile article
which follows and which deals almost exclusively with my
election, but is a wholesale defamation o f the State o f my
birth and which I have the honor in part to represent here—a
State whose politics have been so singularly free from any cor­
ruption by money or domination by improper influences, that it
has been a matter of pride to her people that while they have
had bitter political contests there has never been in her entire
history the charge made or the suspicion entertained by anyone
that in any single instance the election of a Representative or



D ecem ber

12

Senator had been brought about l>y corrupt influence or th
any Senator or Representative, when chosen, had ever been •
the slightest particular disloyal to the people who had elect^
him. Mississippi has sent to the Halls o fJCongress many n,
that tlie Nation has called great; she lias never sent one wh?
official honesty and loyalty have ever beet* questioned byhishn-6
terest enemy. Money has had no placejsn her politics.
that tlie possession of wealth by a candidate has alwaysX ('l^
......u : 4 o r y t e
>
fated against him. In all her politicalhh n a m e 0 V n A J .U sjssippi legislator was ever connected ith the word “ bribers'
-I iuery”
until the present lieutenant-governor-ofret entered the arena of
politics and became known as a bribetaker, and B ilbos name,
„ ,i with that
linked „ ,I H , t h o i infamy, nriii u o . ™«einbered long after Mis
will be r
sissippi has outlived the shame o
aving had him for ber
lieutenant governor.
Mr. President, until the editor [ the Cosmopolitan penned
this note, there had never been fo ad a muckraking writer S
r>
vile, so base, so utterly mendaciouslas to suggest or ehaiA,!1 So
ruption where there existed absolutely no- shadow of a founda­
absoI"*~1
------ ‘ h
tion for such suggestion or charge
charges
tioii
In the face of this malignant find wanton defamation of a
proud State, silence on my part night be misunderstood. While
my State has crowned me with ntf laurel wreaths o f victory, but
put upon me tlie cross of defeat, it shall nevei he said that I
remained silent when her hoiMpr was assailed. 1 he Cosmopolitan magazine is commonly fcputed to be under the control
of William Randolph Hearst,Julian whom there is no more
radical reformer in private lij , although his name is associated, while a Member o f Con
ss, with uo reform measure, or'
for that matter, with uo m eagre o f any kind. As a statesman
o m eagre of any kind.
he is without a record—asipi mendacious muckralcer he is
without a peer. He has achieved the distinction or the infamy
according to the viewpoint, j3f having done more to undermine
and destroy the confidence osTtlie American people in their public
men and in their in s titu te s than any living man; has done
more than any other to build up that sentiment which holds
every prosperous man to lie “ a suspect ” —every public man to
be deserving of convict stripes. Eagerly contending for an no
vanced. place in connection with every reform supposed a» adto
be

influence. But, in reckoning the advantages and disadvantage
o f sucli an alliance, it should uever be forgotten that the bitted
malignant, and incendiary utterances o f this man caused him to
be held by the country morally responsible for the shots that
were fired into the bogy of William McKinley.
This article seems .to be one of a series in which this re­
former proposes to cgtivincfe the American people of the neces­
sity for the election J f Senators by a direct vote of tlie people
by demonstrating t # them that every Senator elected in any
- ---------- -----‘ mi in any
other way has beeqfcorruptl| and dishonestly elected, and this
nmi
without the slighter regard to tlie facts in any particular case,
The moral must b #j?drawn, ijhe appetite of the public for the
fed, although
sensational must ljf§ lea, aunougn in doing it. facts are distorts
it tacts
distorted
reputations destroyed, and cruel injustice inflicted upon honest
men.
|
Again, this article which holds up the State of Mississii
3iPpi
as an object lessen in debauched and corruption, which places
the brand o f inflftmy upon her present and past political historv
making of her .n thing to be despised and spat upon by holiest
men, is eageri^’ indorsed and vdpehed for in its entirety by
James K. Vardanian, Senator-elect from Mississippi, if i may
use that term to designate him, although it is not technically
accurate as lie is still only tlie nominee o f the Democratic Pnvt„
for .that iKisifcon.
The article is indorsed editorially b V The Issue, a small paper
which he edits as his personal organ fn Mississippi, in the fol­
lowing language:
\
The Cosmopolitan Magazine for November, V is t issued, has a general
write-up of the late secret caucus in Mississippi, which is illnstvo+—

Mississippi.

However humble may be the authorship ofVhe article, being
godfathered by two such eminent publicists, ^ tru st that the
Senate will not feel that I am improperly trespsksing upon its
time in briefly discussing it. One of the crimes d ig g e d against
me in the article, and which was possibly reiterifed oftener
than a ay other in the recent campaign in M ississip p i's that I
made qommon cause with other aspirants for the SenatVagainst
Vardapian. As there is a modicum of truth in the clHjrge, I
will advert to it, although it might be dismissed with tlie’^tatement.that it has ever been the custom of the weaker candidates
for a position to make common cause against the leading can­
didate. But there was a deeper significance in my willingness

1-911

CONGRESSIONAL RECORD— SENATE.

455

Mr. BRIGGS. I will say that this resolution simply provides at least, has undertaken hurriedly to act, to strip the House
fqr the transfer of an assistant clerk from the Committee on of Representatives of its authority under the Constitution, and
asks the Senate to disregard what has been done by the House,
Printing to the Committee on Public Lands.
Mr. CULBERSON. 1 speak merely formally to the resolu­ and has undertaken to take this matter out of the consideration
of the two Houses of the Congress and place it in the hands of
tion : I desire to make a statement on another subject.
M r. President, on the 4th o f December, 1911, a joint resolu­ himself and a partisan branch of the Congress.
Mr. LODGE. Mr. President, I did not suppose, after an ob­
tion was introduced in the House of Representatives to ter­
minate the treaty of 1832 between Russia and the United jection carried the matter over, that we were to enter upon a
States. On the next day I introduced an identical joint reso­ debate on this subject. But this much I should like to say. I
lution in the Senate, and on the seventh or eighth day o f the do not care to discuss it at length.
The President, in giving notice to a foreign government of the
montTk my resolution was referred to the Committee on Foreign
Relations, where it has since been. On the 7th of December termination o f a treaty, only did what has been done by his
the President sent to the Congress a message, in which he used predecessors on more than one occasion. Mr. Lincoln in 1864
notified England o f the intention of the United States to termi­
this hinsuage:
nate the Rush-Bagot treaty of 1817-----By direction of the State Department, our ambassador to Russia has
recently be*u having a series of conferences with the minister of
Mr. CULBERSON. Mr. President-----foreign affanjg of Russia, with a view to securing a clearer under­
The VICE PRESIDENT. Does the Senator from Massachu­
standing and i&mstruction of the treaty of 1832 between Russia and the
setts yield to the Senator from Texas?
United States \ n d the modification of any existing Russian regulations
which may he nfcund to interfere in any way with the full recognition
Mr. LODGE. Let me finish my sentence.
of the rights of Am erican citizens under this treaty. I believe that the
After he had done it the two Houses approved his action.
Government of Ifkssia is addressing itself seriously to the need of
Mr. McKinley, in 1899, notified the Swiss Government of the
changing the p r e s e t practice under the treaty and that sufficient
termination o f certain clauses in our treaty with Switzerland,
progress has been ^teade to warrant the continuance of these con­
ferences in the hope ?toat there may soon be removed any justification
and those clauses were terminated. He never asked for the
of the complaints of treaty violation now prevalent in this country.
approval of Congress at all, and he never received it, and
1 expect that immedrfcely after the Christmas recess I shall be able
Switzerland accepted the notice as final.
to make a further commmiication to Congress on this subject.
Mr. CULBERSON. Mr. President-----Subsequently, on Declfanber 13, the House of Representatives
The VICE PRESIDENT. Now will the Senator from Mas­
passed joint resolution Jfe). 166, terminating that treaty, sent
it to this body, and it waslreferred to the Senate Committee on sachusetts yield to the Senator-from Texas?
Mr. CULBERSON. I ask the question rather reluctantly in
Foreign Relations, and has\een pending before that committee
view o f the apparent disposition not to yield. Still I will
for its attention and consideration.
Now, Mr. President, there vters a joint resolution sent to the ask it.
Mr. LODGE. I merely wanted to finish my sentence; that
Senate by the House o f Representatives terminating this
treaty by joint action o f the twoLHouses. That resolution was is all.
Mr. CULBERSON. Can the •Senator point to an instance
referred to the Senate C om m ittee'll Foreign Relations and was
being considered by the committee\vhen the President informs similar to this, where after one House had acted upon it the
us this morning by message that F has taken this question President took the matter out of the hands o f Congress?
re
Mr. LODGE. In the case of the Rush-Bagot treaty the
out of the consideration of the IIo u s& that he has placed it by
his act in the category of treaty action by the President and House passed a resolution in the year before, 1863, demanding
the Senate alone, and asks the Senate, in effect, to affront the the termination of the treaty. No attention was paid to it
House of Representatives and act upon tms important question either by the Senate or by the President. The following year,
as if the House had taken no action on thJLsubject and has no the House having done that, the President, without preliminary
concern with it. Here is the closing paragraph of his message authority from either House, gave the notice, and then both
of to-day, after stating that on the 15tli insn^pt he had given Houses approved it. Subsequently Mr. Lincoln withdrew the
notice without refei’ence to either House, and that treaty is the
Russia notice that this treaty was terminated?^
law o f the land to-day.
I now communicate this action to the Senate as a pa^t of the treaty­
The President has entire authority to give that notice and
making power of this Government, with a view to its ratification and
approval.
to ask for the approval of Congress or the approval of the
I did not rise for the purpose o f doing more just noSs; than to Senate. He takes the view, which is held by very many of the
call attention to this anomalous condition of affairs, resetting to best judges, that the treaty-making power is entirely able to
myself the privilege of speaking further upon the merits
the terminate a treaty which carries with it no legislation, and
question if I see proper; and I do not now stop to inquire\ d iy the President did nothing unusual in this action.
The House having passed a joint resolution, and the joint
the President suddenly undertook to exercise the authoriW
claimed by him when for three years, since he has been Presi-* resolution being before the Senate and before the committee by
dent of the United States, he has been clothed with the same Wference, the committee felt that it was a matter of courtesy
authority with which he is now clothed and has heretofore jRjd comity to the House which had acted to act upon the joint
declined to act upon it, but I do submit to the Senate that a resofction, and the committee have accordingly done so.
I d&,,not care, Mr. President, to go further into this matter
decent regard for the House of Representatives, a decent respect
to a coordinate branch of this Government, ought to impel the
Senate not to act alone upon what the President has sent here,
hut it ought to take up the joint resolution which has come to
the Senate from the House of Representatives and act upon it
ffs it has been presented and not upon the message of the Exec­
utive alone.
Mr. President, the President asks the Senate, not the Senate
find House—the message is sent to the Senate alone and not
to the two coordinate branches of the Congress—to ratify his
ffet, as he claims to he acting under the treaty-making power of
the Constitution, and leave the House of Representatives alone
RiKl without consideration at all. The joint resolution as re­
ported by the Senator from Massachusetts concludes with the
paragraph I shall read.
The resolution as amended by the committee is not even re­
sponsive to the message. It is not in accordance with the rec­
ommendation of the President. He does not want the House
to consider the question at all. He asks the Senate, as a part
of the treaty-making power, to ratify his action and leave the
House alone; and yet the Senate committee presents a joint
resolution in .lieu of that presented by the House, in which it
Is said:
Be it resolved, etc., T hat the notice thus given by the President of
Jhe United States to the Government of the Empire of Russia to
terminate said treaty in accordance with the terms of the treaty is
Hereby adopted and ratified.

Mr. President, that is all I care to say now. I wanted to
invite attention to this singular and anomalous condition of
affairs, that the President o f the United States, strangely to me



458

CONGRESSIONAL RECORD— SENATE.
__________________ _ j j C

D

e c e m b e r

ig

By Mr. GALLINGER:
A bill (S. 3S54) granting an increase of pension to Jthoiuas
M. Jackson (with accompanying papers) ; to the Cfljinmittee
on Pensions.
By Mr. McLEAN:
/
A bill (S. 3855) granting an increase of pension tQ Joseph s
Spencer (with accompanying papers); to 'th e
mittee 0u
Pensions.
By Mr. NELSON:
A bill (S. 3856) relative to the establishment
Post-lantern
lights on the St. Croix River, including Lak
t. Croix
and Minn.; to the Committee on Commerce.
Resolved, That the Committee on Interoceanyr Canals is hereby au­
A bill (S. 3857) granting an increase
pension to
thorized to have the testimony taken by meiajpers of said committee
upon the Isthmus of Panama during the receaB of Congress, with dia­ Yanderhorck (with accompanying papers)
the Conin
grams and exhibits, printed for the use of.jffne Senate, and that the
on Pensions.
necessary expense of the same and the necefsary traveling expenses of
By Mr. KENYON
the members of said committee who tookA-said testimony, from thenhomes to the steamboat and return, and #he necessary expense of the
A bill (S. 385S) for the relief of Ja
Coope, to the
stenographers who took said testimony, 5^'all be paid out of the contin­ Committee on Claims.
gent fund of the Senate.
A bill (S. 3859) for the relief of ,y[cob M. Confer; to the
The amendment was agreed to.
Committee on Military Affairs.
/
/
The resolution as amended wai f t greed to.
A bill (S. 3S60) granting an increase of pension t0 T a y lo r
Vance; to the Committee on Pensions.
J
REPORTS O F ^ O M M IT T E E S .
By Mr. BRADLEY:
f
/
Mr. WARREN, from the jpommittee on Appropriations, to
A bill (S. 3861) granting an increase of pqfrsion to Mary a
which was referred the bilW(H. R. 15930) making appropria­
£
tions to supply urgent deli choices in appropriations for the fiscal H eflin (with accompanying papers) ;
A bill (S. 3862) granting an’ increase o# pension to Elijai
year 1912, and for other purposes, imported it with amendments
Cox (with accompanying papers) ; and
*
and submitted a report ip o . 145 Iff hereon.
A bill (S.
pension to Isaac R
Mr. SUTHERLAND, -prom thoJcommittee on the Judiciary, to Stone (with 3863) granting an increase
accompanying papers) ;
the Committee oii
which was referred t^e bill Gp 2750) to amend sections 90, 99, Pensions.
105, and ISO of an m t entyaed “ An act to codify, revise, and
By Mr. BRIGGS:
amend the laws renting w the judiciary,” approved March 3,
A bill (S. 3S64) for the relief o f Q u i# y O’Maher Gillmore- {
1913, reported it jpthou^amendment.
the Committee on Military Affairs. “
’ 0
Mr. CHILTOjJr, from the Committee on the Judiciary, to
A bill (S. 3S65) granting an ii
?ase of pension to Ellen
which was referred the bill (S. 1772) to amend section S39 of Fish Biddle; to the Committee on
insions.
the Revised jftatuteS, reported it with amendments and sub­
By Mr. FLETCHER:
mitted a report GNo. 146) thereon.
A bill (S. 3866) for the relief
Anton W. Stumpe; to the
Mr. BR0WN, from the Committee on Patents, to which was Committee on Military Affairs.
referred-the bill (S. 3697) to compensate the commissioners to
By Mr. SWANSON:
*
revise .the statutes relating to patents, trade and other marks,
A bill (S. 3S67) for the reliefjbf the estate of Meredith ty
and trade and commercial names, for services rendered, asked Lane (with accompanying papers?) ; to the Committee on Claims*
to be discharged from its further consideration and that it
A bill (S. 3868) granting a pension to Rose V. Stoops (with
be referred to the Committee on Appropriations, which was accompanying paper) ; to the Committee on Pensions.
agreed to.
By Mr. BURTON:
B I L L S IN T R O D U C E D .
A bill (S. 3S69) to grant authority to the Inland Steamshin
_______
. _
Bills-vv-wr-e inti'odUQpT read the first time, and, by unanimous Co., of Indiana Harbor, I n ., to change the name of ti/„
steamer IF. R. Woodford to $ . F. Leopold; and
ond
consent, the second tinieTTtmt referred as follow s:
By Mr. OWEN:
A bill (S. 3S70) to grantLautliority to the Inland Steamship
A bill (S. 3842) to amend and reenact paragraph 24 of sec­ Co., of Indiana Harbor, and., to change the name of the
tion 24 of chapter 2 o f an act entitled “ An act to codify, revise, steamer Arthur II. Haicgofd to Joseph Bloclc; to the Committee
and amend the laws relating to the judiciary,” approved March oh Commerce.
3, 1911; to the Committee on the Judiciary.
$By Mr. CRANE:
A bill (S. 3843) granting to the coal-mining companies in
A" bill (S. 3S71) grafting an increase of pension to A. T.
the State of Oklahoma the right to acquire additional acreage IJodge; and
t
i adjoining their mine leases, and for other purposes; to the ComA bill (S. 3S72) grafting a pension to Georgianna Jennings
i mittee on Indian Affairs.
(with accompanying papers) ; to the Committee on Pensions
^ A bill (S. 3844) for the relief of Charles A. Davidson and
A bill (S. 3873) Mr the relief of Lewis F. W alsh; to t:
the
ACharles M. Campbell; to the Committee on Claims.
Committee on Military Affairs.
’ By Mr. KERN:
Bv Mr. DU PON T:
cm to Charles M.
A bill (S. 3S45) granting an increas*
A bill (S. 3874) granting an increase of pension to George A.
Baughman (with accompanying pa pi
the Committee on Coverdale;
Pensions: A bill (S. 3875X granting an increase o f pension to Gladys E.
*
Rodney; and
By Mr. CHILTON:
A bill (S. 3%16) to authorize a waiver of trial by jury in the
A bill (S. 3876) granting an increase of pension to Ben­
district courts $f the United States; to the Committee on the jamin B. D. Derickson; to the Committee on Pensions.
Judiciary.
By Mr. O L IV E R :
A bill (S. SSllfeyfor the relief o f the Hurricane Baptist
A bill (S. 3877) granting an increase o f pension to Thomas M.
Williams (w ill accompanying papers) ;
Church, Hurricane, W vV a.; to the Committee on Claims.
A bill (S. 3848) grafting a pension to Mary R. McGwigan;
A bill (S. SS7S). granting an increase o f pension to Thomas
Riley (with -accompanying papers) ; and
to the Committee on Pelgions.
By Mr. WATSON:
A ‘bill (S/3S79) granting an increase o f pension to James II.
A bill (S. 3S49) for the reftfcf o f the legal representatives of Barrelle (with accompanying papers) ; to the Committee on
Paul McNeil, deceased; to tlie^gmmittee on Claims.
Pensions.
By Mr. LODGE:
By ifir. CLA PP:
A bill (S. 3850) to promote effl'®^ncy and economy in the
A bill (S. 3S80) granting a pension to Adoniram C. Harper
administration of the Navy DepartnaSS^; to the Committee on (with accompanying papers) ; to the Comnnttee on Pensions.
Naval Affairs.
By Mr. BOURNE:
By Mr. LORIMER
A bill (S. 3881) granting an increase of pensioi! to George M.
A bill (S. 3851) for the relief of James
Kingon; to the Jones (with accompanying papers) ; to the Committee on Pen­
Committee on Military Affairs.
sions.
A bill (S. 3852) granting a pension to Melisi*. J. King; to
By Mr. McCUMBER:
the Committee on Pensions.
A bill (S. 3SS2) for the relief o f the legal representatives of
By Mr. GRONNA :
Jennie M. Hunt, deceased; and
A bill (S. 3853) granting a pension to Ursilla G. Underwood;
A bill (S. 3S83) for the relief of William H. Hayden; to the
to the Committee ©n Pensions.
Committee on Claims.
C O M M IT T E E O N IN T E E O C E A N IC

CAN ALS.

J

Mr. BRIGGS. I am directed, by the Committee to AujRt and
Control the Contingent Expenses of tbe Senate to report, with
an amendment, Senate resolution No. 155, submitted hjr the Sen­
ator from Connecticut [Mr. B r a n d e g e e ] o n the 5th jpstant, and
I ask unanimous consent for its present cousidera^bn.
The Senate, by unanimous consent, proceeded to consider the
resolution.
£
The amendment of the committee was in hre 4, before the
word “ printed ” to insert “ with diagrams and exhibits,” so as
to make the resolution read:




"WUUflllLUlt
1L U I U . 1 ■
"
jTTTTnreTTFTTTTTT'S^'
I Tile S e c r e t a r y . In lieu of tlie words proposed to be inserted
i by tlie Committee on Foreign delations it is proposed to insert:

i
I
i
i
'

T hat the people of the United States assert as a fundamental prin- ;
ciple that the rights of its citizens shall not be impaired at home or
abroad because of religion ; that the Government of the United States
concludes its treaties for the equal protection of all classes of its
citizens, w ithout regard to religion ; that the Government of the U n i t e d ---------------------------States should not be a party to any treaty which discriminates, or
which by one of the parties thereto is so construed as to discriminate,
given tlie notice of tbe termination of tbis treaty. In giving it,
between American citizens on the ground of religion ; that the Gov­
lie gave liis reasons— tlie reasons which he cho^e to give. This
ernment of Russia has so construed the treaty between the United
resolution ratifies the act of the President but gives the reasons
States and Russia, concluded at St. Petersburg December 18, 1832, as
which, if adopted, Congress chooses to give. Jfow, skipping the
entitling Russia to refuse on account of religion to honor American
passports duly issued to American c itizen s; that in the judgment of
reasons, it concludes in this way
the Congress the said treaty, for the reasons aforesaid and for others,
ought to be terminated at the earliest possible tim e ; that for the . that in the judgment of the Congress the said treaty, for the reasons
aforesaid reasons the said treaty is hereby declared to be terminated > aforesaid and foi\ others, ought to be terminated at the earliest possible
further force and effect from the expiration off one year tim e ; that for tlip aforesaid reasons the said treaty is hereby declared
and

-SENATE.

the substitute proposed by the Senator from Nebraska [Mr.

505

What is herebj\ ratified? The notice gigen by the President.
The reasons are riot ratified, nor are the/reasons a part of the
vvirrrr or Michigan. Mr. President, tne notice- »rren fer­ act.
\
/
tile Soerffii i ii
fitntA to the Russian Goyeruiifb’nt will, in my
Mr. STONE. M i President-----/
opinion, be nul 1
ilie'fr^fmd- superseded-the adoption of the
The VICE PRESIDENT. Does the Senator from Mississippi
amendment of the Senator ffonT ^Bfchraska. This resolution, if yield to the Senator*, from Missouri?
adopted, will go to thg.yJWSsident Uir'lVl^^^naTiy ^ ^aiid if he
Mr. WILLIAMS. \Certainly.
fails to sign it thp^rfftiative u u « .u j taken by him wtH be^atj
already
Mr. STONE. I should like to ask tlie Senator from Missisan end. I w
avoid delay, if possible.^ Action must be^takeil A^ippi if he does not tpink that if the resolution proposed by the
to-niglitpr^Eo-morrow, as we adjourn Thursday; and if that Senator from Nebraska should be agreed to here, and should
am<5nfnnent is to supersede and control the character of notice then be concurred in liy the House and be signed by the Presi­
given bv the
J
-’
■’
*
T * ~iven dent, it would not in ^effect and in /fa c t be an abrogation of
ih ere being no objection, the Senate, as in Committee of the
this treaty by legislative action rather than a termination of it
Whole, resumed the consideration of the joint resolution (H. J. ient7 by notice under the provisions o f theJ treaty itself?
Res. 16G) providing for the termination o f the treaty o f 1S32 5lu.e
Mr. WILLIAMS. Not I do not. /
between the United States and Russia.
^
__
But
Mr. STONE. For thif resolution provides that this treaty
I "ani unwilling i W i n p£r ~flie~'Ux emit! ve at this stage hg an shall cease and determine and eiid at a date named in the
attempt to recast the notice already given, which, in my tfmnion, resolution.
\
|
answers the purpose for which Senators on both sides b f.th e
Mr. WILLIAMS. At aldate named by the President in the
Chamber are contending, namely, the first step in the nullifica­ notification given to Russia, “ which is hereby ratified.”
tion o f this treaty.
Mr. STONE. But the resolution says it shall be terminated
Mr. O’GORMAN. Mr. President, I wish to say but/a word. within one year after the\lst day of January. I f the Con­
It is apparent that the Senator from Michigan is not? familiar gress passes that and tlie iPresglent signs it, it is an act of
with the closing line o f the amendment offered by t](e Senator Congress which terminates tne treat}', and the resolution merely
from Nebraska^ because in express, unequivocal kyiguage the indorses and affirms and consents to the action of the President.
notification already sent by the President is ratified by that
Mr. W ILLIAMS. That isW jfat the President has asked.
resolution.
/
Mr. STONE. But the Congress by an act of its own will
Mr. SMITH of lichigan. Yes; I listened attentively to the abrogate the treaty whether |Jie President gives the notice or
reading, but, Mr. ’ resident, if the Senator fyom New York not?
i
s
will permit me, it iS absolutely contradictory J It says it apMr. W ILLIAMS. No.
proves his course, bVt gives different reason^ for legislative
President-----Mr. SMITH o f Michigan,
action, which the President did not suggest In his notice.
The VICE PRESIDENT. -Do s the Senator from Mississippi
Mr. O'GORMAN. I should be glad to \\a.xf the Senator point yield to the Senator from Mie igan ?
out any contradiction iiXtke draft of the Resolution submitted
Mr. WILLIAMS. One word, hid then I shall take my seat.
by the Senator from Nebraska.
As far as the termination of\the treaty is concerned, the
Mr. SMITH of Michigan*, This amend/hent, if adopted here President of the United States, thfe Chief Executive of the coun­
and passed by the House aiVl signed by /he Executive, becomes try, has given a notice to/ltussia* The only part of the Gov­
the supreme law ; and is it contended for a moment that it will ernment o f the United States thatfeussia or any other country
not be the duty of the Executive to connnunicate that resolution knows or deals with officially, in a*i international sense, is the
to Russia? And if it is to bfe communicated to Russia, it is President of the United States. It%Congress did not act at all
to take the place o f the incomplete Notice heretofore given by concerning this matter, sp far as Russia is concerned, the nolice
the Secretary o f State.
o f the President o f thq/United States would be accepted as a
I think it is confusing, contradictory, and, in a sense, con­ termination o f the treaty.
demnatory of the President’s conn
Now, the President, jin performing \his act, has given a rea­
Mr. O’GORMAN. I can not 1/iliWe that any Senator read­ son. The Congress o f the United Stites ratifies the act, but
ing the resolution offered by tile Senator from Nebraska can gives its own reason/ for ratifying it.\ The President, in the
discover any ambiguous phrasoAvliichVvill cause any confusion. diplomatic correspondence gave his reasbn for giving the notice.
It is clear and explicit and oppresses V ratification o f the un­ The Congress here g|ves its reason for fcitifying the act of the
authorized act, as suggested/by some, \f the President a few President, to wit, trie act of notification!
days ago. It makes that ajp; valid. Its\ alid ity is secured by
Mr. SMITH o f Michigan. Mr. President-----Mr. WILLIAMS. [ I now yield to the S&iator from Michigan.
the adoption o f this resolution
Mr. RAYNER. May I/a s k the Senator\from New York a
Mr. SMITH o f Michigan. I desire to risk the Senator from
Mississippi what would be the effect of tlidt President’s refusing
Question?
Mr. O’GORMAN. Certainly.
to sign this resolution after it had been passed by Congress—
Mr. RAYNER. Tlie gratification of an act i\ in legal effect, whether there wOfuld be any legal notice o%the abrogation of
this treaty that/ a foreign Government w^uld be bound to
Precisely the same as/an authorization.
Mr. O’GORMAN. /Undoubtedly.
respect?
I
„ \
Mr. WILLIAMS. So far as the nations of the world are con­
Mr. RAYNER. l y is the same thing as if we Authorized it
cerned, the notice o f the President of the United States given
so far as the legal/effect is concerned.
Mr. SMITH of /lich iga n . Mr. President, if tlnk President for the termination of a treaty will be accepted by any other
should deem it tolGe inconsistent with the notice hitlArto given power. It is tfue that if the President assumed power which
«nd should return it with his objections, then our action will he did not possess Congress might deal with liim\by the method
nullify his notice and this entire matter will go over Vor two of impeachment or otherwise, but so far as the termination of
this treaty is Concerned, it would be terminated I f neither the
years instead of one.
*
I merely suggest that as a possibility, not that I knowvwhat House nor tlid Senate passed a line.
Now, the question is simply th is: Shall the Congress of 1he
his attitude will be, but having given the notice several \lays
ngo in the Janguage already employed by the State Departn\pnt, United States give any reasons at all or shall it s\mplv admit
I do not believe he will give further notice in the language of the reasons given by the President or shall it give ^ reason of
its own? It might simply ratify the act without a\y reasons
the amendment proposed by the Senator from Nebraska.
at all, but if it gives any reasons, ought not those reasons to lie
Mr. RAYNER. I do not think there is any trouble at
rather the reasons which Congress would give thanVnerely a
about the President signing this resolution if it passes. I
repetition of the reasons which the President has giv fc?
not believe we ought to have any uneasiness on that subject.
It is suggested that the objection which the Senator from
Mr. WILLIAMS. Mr. President, I think the Senator from
Michigan [Mr. S m i t h ] failed to catch the last sentence o f this Michigan has just made would apply to the other resolution
\
resolution. The President o f the United States has already ’ ust as much as to this.
H

it c h c o c k ].




r
i

sj
vi.

L

506

CONGRESSIONi

)H P — SENATE.

D e c e m b e r 19,

Mr. SMITH of Michigan. Certainly; but the committee
0
WARREN (when his name was called). I have a gen­
lution approves his course and is not calculated to excit<
ii’ with the senior Senator from Louisiana [Mr. F o s t e r ]
hostility; this amendment goes further and employs brj
irefore withhold my vote,
language and is o f wider scope.
roll call was concluded.
Mr. STONE. No.
3TONE. My. colleague [Mr. R e e d ] /has telegraphed that
Mr. WILLIAMS. Wait a moment.
lavoidably drained from the Semite, and wishes to have
If it can be supposed that the President would vq$ the <
d that if present he would opposeliny amendment to the
one, then we would be left just as we would be leflfif he v<
resolution as ife^passed the Housqf but that if an flnieiulpassed simply modifvinor in r^
this. That is to say, the international status woum be the
But my contention is that the international iffatus woul
that o f the termination of the treaty.
Mr. STONE. Mr. President, I wish to maJfe this observi
for the thoughtful consideration of the Sjpate. I f the re
tion proposed by the Senator from NebrajfKa be concurred i
the House and be signed by the President it becomes a la
t ____...v. my coveaaue [Mr. Jones] is necessarily
the land, and notice to Russia would heunuecessary. B u t'
rrom the city.
\J
is no need of notice; there is no needFof ratifying the act o
President in notifying Russia, beo^mse by an act of Congress
Mr. MARTIN of Virginia. I Aesire to state that the Senator
we abrogate the treaty. It endsjj®y virtue o f the fact that we from Ohio [Mr. P omerene] wafs\mexpected1y called from the
make a supreme law declaring Jfiat at a certain time the treaty Senate about 30 minutes ago. ^lle Requested me to state that he
shall no longer be a law. Wetfepeal it in effect.
is in favor of the abrogation of tlXs treaty. He did not tell
But a Senator says a sid e y rit can not hurt.” Maybe it does me how he would vote as AetweenSfhe substitute resolution
not hurt; but we are not abrogating or terminating this treaty offered by the Senator from Nebrask\ and the resolution re­
in pursuance of the treaty itself, by notice. The Congress of ported from the committee. I am, therefore, unable to state
the United States, without reference to Russia, without notify­ how he would vote on tb/s question, b u t^ e is in favor of the
ing Russia, because tjns notice becomes in a sense ineffective, abrogation of the treaty.;
abrogates the treatjyfff its own motion.
fesire to state t
Mr. FLETCHER.
y colleague [Mr.
Mr. W ILLIAM S.^W ill the Senator from Missouri pardon an B r y a n ] i s n e c e s s a r i l y jsent.
interruption?
M r . GORE.
I d e s ii
to announce that myVolleague [Mr.
.Mr. STONE. iCertainly.
O w e n ] i s n e c e s s a r i l y ibsent from the Senate.
He is in favor
Mr. WILLL^fcS. The observation just made by the Senator o f t h e a b r o g a t i o n of1
treaty, but I am unable \o announce
from MissouiVwould be absolutely correct but for one fact, and h i s c h o i c e a s b e t w e t the Hitchcock amendment aim the comthat is that m e resolution itself refers to the notification already i n i t t e o a m e n d m e n t .
given and >atifies it, and therefore-----Mr. JOHNSTON" of Alabama. I wish to state that my col­
Mr. Sr
QONE. But the notice-----league [Mr. B a n k h e a d ] is absent. If present he would vote
Mr. WILLIAMS. Wait a moment.
in favor o f the abrogation of the treaty, but I do not know how
Mr. J5TONE. We do not need the notice.
he would vote on this question.
M jr WILLIAMS. Therefore it does not terminate the treaty
The result was announced—yeas 16, nays 54, as follows:
meetly by act of Congress, but by an act of Congress ratifying
Y E A S — 16.
jiH iotice given under the treaty and in accordance with the
WM1B T fr'MU'
T
i

The VICE PRESIDENT. The hour o f 7 o'clock having ar­
rived, debate, by the order of the Senate, is closed. The ques­
tion is on agreeing to the substitute offered by the Senator from
Nebraska, being an amendment to the amendment reported by
the Committee on Foreign Relations. _ ‘
---------- —...
*"STr. IIITCIICOT'k.'“ ‘ Oil Ilial qTIf?STion I ask for a roll call.,
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
/
Mr. D I L L I N G H A M (when his name was called). I transfer
the general pair I have with the senior Senator fiyni South
Carolina [Mr. T i l l m a n ] to the Senator from Montana [Mr.
D i x o n ] and vote'“ nay.”
Mr. THORNTON (when Mr. F o s t e b ’ s name \v:yfc a l l e d ) . My
colleague [Mr. F o s t e r ] is necessarily absent f i y h the city. He
h a s a general pair with the senior Senator frym Wyoming [Mr.
W a r r e n ].

Myers
O’Gorman
Poindexter
Rayner

Chilton
Clapp
Culberson
Hitchcock

Johnson, Me.
Kern
Lea
Martine, N. J .

Bacon
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Chamberlain
Clark, W yo.
Clarke, Ark.
Crane

N A Y S — 54.
Lodge
Crawford
Lorimer
Cullom
McCumber
Curtis
McLean
Dillingham
Martin, Va.
du Pont
Nelson
Fletcher
Newlands
Gamble
Nixon
Gore
Oliver
Gronna
Overman
Heyburn
Page
Johnston, Ala.
Penrose
Kenyon
Perkins
La Follette
Root
Lippitt

Bailey

Foster

NOT VO T IN G — 21.
Paynter

Smith, Md.
Taylor
W atson
W illiam s

Shively
Simmons
Smith, Ga.
Smith, Mich.
Smoot
Stone
Sutherland
Swanson
Thornton
Townsend
Wetmore
W orks

Stephenson

Gallinger
Percy
Tillman
Mr. GALLINGER (when his name w a ^ ca lled ). I have a Bankhead
Gardner
Pomerene
Warren
general pair with the senior Senator froiiLArkansas [Mr. D avis ]. Bryan
Guggenheim
Reed
Cummins
I f permitted to vote, I would vote “ naMT’
Richardson
Jones
Davis
Smith, S. C.
Owen
Mr. JOHNSON o f Maine (when Mr. G a r d n e r ’ s name was Dixon
called). My colleague [Mr. G a r d n e r ] is necessarily absent
So Mr. H i t c h c o c k ’ s amendment to the amendment of the com
from the city. He has a general'.jfilir with the junior Senator mittee wrs rojcctod.
................
from Delaware [Mr. E i c h a r d s o i j ^ If my colleague were pres­
Tim Y T m PRUrnTTUTT T il |II'" T
V " " ” in r
ent, he would vote “ yea.”
amendment reported by the committee.
Mr. GUGGENHEIM (when^Lis name was called). I have-a
Mr. MARTIN of Virginia and Mr. LODGE,
general pair with the senioyRenator from Kentucky [Mr. Payn - yeas and nays.
t e r ] , who is unavoidably detained, and withhold my vote.
The yeas and nays were ordered.
Mr. McCUMBER (whim his name was called). I am paired
Mr. NEWLANBS. I offer a substitute for
committee
with the senior Senutmrfrom Mississippi [Mr. P e r c y ] , I trans­ amendment. It contains the recital in the resolution of the
fer that pair to the Jenior Senator from Iowa [Mr. C u m m i n s ] Senator from Nebraska [Mr. H i t c h c o c k ] ap<l leaves out the
and vote “ nay.”
provision terminating the treaty, substituting simply a ratifica­
Mr. DU PONr
ll/(w hen Mr. R i c h a r d s o n ’ s name was called). tion of the notice.
The VICE PRESIDENT. The anjprfclment proposed by the
My colleague (Jar. R i c h a r d s o n ] is necessarily absent. He is
paired with the junior Senator from Maine [Mr. G a r d n e r ] . If Senator from Nevada as a substituj£ for the amendment of the
my colleague were present and at liberty to vote, he would vote committee will be read.
The S e c r e t a r y . It is proposed to strike out the preamble and
“ nay.”
Mr. SMITH of Michigan (when his name was called). I am all after the resolving clause^and to insert:
paired with the junior Senator from Missouri [Mr. R e e d ] . I
That tlie people of the Lotted States assert as a fundamental prin­
desire to transfer that pair to the senior Senator from Wash­ ciple that the rights of i|bs citizens shall not be impaired at home or
abroad because of religion; that the Government of the United States
ington [Mr. J o n e s ] and vote. I vote “ nay.”
concludes its treaties for the equal protection of all classes of its citi­
Mr. SMOOT (when Mr. S t e p h e n s o n ’ s name was called). I zens, without regard' to religion; that the Government of the United
States should n o t ^ e a party to any treaty which discriminates, or
desire to announce that the junior Senator from Wisconsin which by one of.4*he parties thereto is so construed as to discriminate,
[Mr. S t e p h e n s o n ] is paired with the junior Senator from South between American citizens on the ground of religion ; that the Govern­
ment of Russia has so construed the treaty between the United States
Carolina [Mr. S m i t h ] . ___________________________________________




CONGRESSIONAL RECORD— SENATE.

1911.

and Russia, concluded at St. Petersburg December
as entitling
Russia to refuse on account of religion to
American passports
duly issued to American citizens ; that inAfa*? judgment of the Congress
the said treaty, for the reasons afoK»*fm and for others, ought to be
terminated at the earliest possiJRepfime; and therefore the notice given
by the President of the Unit£d>“
'J?tates to the Government of the Empire
of Russia to terminate s^itf'Rreaty in accordance with the terms of the
treaty is hereby adon£*frand ratified.

The VICE PJ&fc^JsiDENT. The question is on agreeing to the
substitute^gflroposed by the Senator from Nevada [Mr. New 10 ai-rxLU ^mpnt In [ h e

The VICE PRESIDENT. The question is on agreeing to the
committee amendment, on which the yeas and nays have been
ordered. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). Again
nouncing my pair with the senior Senator from South Carolina
[Mr. T illm an ] and the transfer of that pair to the Senator
from Montana [Mr. D ixon ], I vote “ yea.”
Mr. THORNTON (when Mr. F oster’ s name was called). I
again announce the necessary absence from Washington o f my
colleague [Mr. F oster]. He has a general pair with the senior
Senator from Wyoming [Mr. W arren].
Mr. JOHNSON of Maine (when Mr. Gardner’ s dame was
called). \My colleague [Mr. Gardner] is necessarily absent
from the city. He has a general pair with the Senator from
Delaware [Mr. R ichardson]. If my colleague vtere present,
I am instructed to announce that he would vote “ yea.”
Mr. GUGGENHEIM (when his name was cal(jed). I under­
stand that the\Senator from Kentucky [Mr. Paynter ], with
whom I have aXgeneral pair, would vote f o / the substitute
resolution. Therefore I shall vote. I vote “ y /a .”
Mr. McCUMBER ’(when his name was called). I understand
that my pair, the seizor Senator from Mississippi [Mr. Percy],
would vote in fayor Of the substitute resolution. I therefore
desire to record my vo£$. I vote “ yea.”
Mr. MARTIN o f Virginia (when Mr. POmerene’ s name was
called). The Senator fnkn Ohio [Mr. Pomerene] is unavoid­
ably absent. I f present, he,would vote “ yc-a.” .
Mr. DU PONT (when Mr.. R ichardson’s name was called).
I again announce the pair o f my colleague [Mr. R ichardson]
with the junior Senator froiil Maine, [Mr. Gardner]. If my
colleague were present and auUiberty to vote, he would vote
“ yea.”
\
J
Mr. STONE (when Mr. R eed’ A name was called). My col­
league [Mr. R eed] is paired witmdfhe Senator from Michigan
[Mr. S m it h ]. If my colleague wqre present, he would vote
“ yea.”
j \
Mr. SMITH of Michigan (wljen ffis name was called). I
again announce my pair with the Senhfor from Missouri [Mr.
R eed ], a n d transfer it to the Senator'from Washington [Mr.
Jones] and vote.

I vote “ y ea /’

Mr. SMOOT (when Mr. Stephenson’ s dame was called). I
again announce the pair o f tie senior Senator from Wisconsin
[Mr. Stephenson ] with the junior Senator fi\m South Carolina
[Mr. S m it h ].
agai
Mr. WARREN (when ms name was calledY I again annator
nounce my pair with the/senior Senator from Louisiana [Mr.
F oster] .

/

The roll call was concluded.
lanimity — ----Mr. GALLINGER. In view of the unanimity oK this vote,
Mr. President, I feel jit liberty to disregard my paii\with the
Senator from Arkansars [Mr. D a v i s ] , and vote “ yea.” \
Mr. JOHNSTON of Alabama. I wish to announce that my
colleague [Mr. B ai / k i i e a d ] if present would vote “ yea.” He
is necessarily detailed from the Senate.
^ Mr. FLETCHER. I desire to state that my colleague [Mr.
R py a n ] is necessarily absent. If present, he would vote “ yea.”
.
Mr. WILLIAMS. I wish to make the same announcement
concerning my Colleague [Mr. Percy].
Mr. GORE. I desire to make a similar announcement in ref­
erence to my colleague [Mr. O w en ].
Mr. POINDEXTER. I should like to repeat the same state­
ment in regard to my colleague [Mr. Jones] that I made on
the former vote.
The result was announced— yeas 72, nays 0, as follow s:
Bacon
Borah
Bourne
Bradley
Brandegee
Briggs

Bristow
Brown
Burnham
Burton
Chamberlain
Chilton

Clapp
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Curtis
Dillingham
du Pont
Fletcher
Gallincer




Y E A S — 72.
Gamble
Gore
Gronna
Guggenheim
Heyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon
Kern
La Follette
Lea

Oliver
Overman
Page
Penrose
Perkins
Poindexter
Bailey
Bankhead
Bryan
Cummins
Davis

507

Rayner
Smith, Mich.
Root
Smoot
Shively
Stone
Simmons
Sutherland
Smith, Ga.
Swanson
Taylor
Smith, Md.
NOT V O T IN G — 19.
Paynter
Dixon
Percy
Foster
Pomerene
Gardner
Jones
Reed
Richardson
Owen

Thornton
Townsend
W atson
W et more
W illiam s
W orks

1 *\

Smith, S. C.
Stephenson
Tillman
Warren.

So the amendment reported by the Committee on Foreign Re­
lations as a substitute was agreed to.
The VICE PRESIDENT. If there be no further amendments
the joint resolution will he reported to the Senafte.
The joint resolution was reported to the Senate as amended,
and the amendment was concurred in.
The amendment was ordered to be engrossed and the joint
resolution to be read a third time.
The joint resolution was read the third / m e and passed.
The VICE PRESIDENT. Without ob/hetion the preamble is
agreed to.
e x e c u t iv e

s e s s ia

Mr. OULLOM. I think we ought w have a 5 or 10 minutes’
>
executive* session. I move that the/Senate proceed to the consideratioirvof executive business.
The morion was agreed to, amhfthe Senate proceeded to the
consideration o f executive business. After 5 minutes spent in
executive sdtesion the doors were reopened, and (at 7 o'clock
and 25 miinVtes p. m.) the Serfate adjourned until to-morrow,
Wednesday, December 20, 191]/ at 2 o’clock p. m.
NOMINATIONS.
Executive nominations received T the Senate December 19,1911.
oy
U nitei^ Statics A ttorney.

Hilliard S. RiSgely, o f Wyoming, to be United States attor­
ney, district o f \^yomi9fe, vice Timothy F. Burke, whose term
has expired.
n/ ted

States M arshal .

William H. Griivfcpaw, of Minnesota, to be United States
marshal, district oij\Minnesota.
(A reappointment, his tefm
having expired.)
Appointment^,

by

T ransfer,

in the

A rmy .

CAVALRY ARM .

Second L ie u t/ Francis\ R. Hunter, Twelfth Infantry, to ho
second lieutenant o f CavaVy, with rank from June 11, 1909.
IN IL tN T R Y

ARM .

Second Li aftt. J ° lin PullVan, Second Cavalry, to be second
lieutenant of/tnfantry, with V in k from June 11, 1909.
PromotionV

n the

COAST ARTHLLERY

A rmy .
CORPS.

Second Lieut. Augustus Nort\i, Coast Artillery Corps, to be
first lieutenant from December ite, 1911, vice First Lieut. Basil
G. Moon,|Yesigned December 15, V>11.
Promotion

in V u e

N avy .

Lieut.l (Junior Grade) Harvey Delano to be a lieutenant in
the N a w from the 20th day o f Oct<! ier, 1911, to fill a vacancy.
Postmastei
ALABAM A.

Cullman, Ala., in place
J o b / F. Sutterer to be postmaster
of William A. Heck. Incumbent’s con’ fission expired Decemher Ip, 1909.
C A L IF O R N IA .

San Mateo, Cal., in
TMoinas E. Byrnes to be postmaster
pla/e of Thomas E. Byr*es. Incumbent’s commission expired
February 12, 1911.
ettio L. Hefton to be postmaster at CoiWinga, Cal., in place
Nettie L. Hefton. Incumbent’s commission expired December
1911.
Margaret Dorothy Royce to be postmaster%it Pittsburg, Cal
place o f Nora Buchanan, resigned.
COLORADO.

Lippitt
Lodge
Lorimer
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
Nixon
O’Gorman

■ Milton E. Basher to be postmaster at OrdwaV Colo., in place
of Milton E. Basher. Incumbent’s commission Vxpires January
9, 1912.
Michael J. Guerin to be postmaster at Salida, Vlolo., in place
of Michael J. Guerin. Incumbent’ s commission exlnres January
23, 1912.
Frank II. Miller to be postmaster at Edgewater, (Yfio., in place
of Frank IP. Miller. Incumbent’s commission expir%l December
11, 1911.

V

CONGRESSIONAL RECORD— SENATE.
Thomas J. Stanley to be postmaster at Manzanola, Colo., in
place of Thomas J. Stanley. Incumbent’s commission expires
January 23, 1912.
David F. Strain to be postmaster at Palisades, Colo., in place
of David F. Strain. Incumbent’ s commission expired December
11, 1911.
Charles L. Todd to be postmaster at Rifle, Colo., in place of
Charles L. Todd. Incumbents commission expired December 11,
1911.
C O N N E CTIC U T.

James F. Holden to be poVtmaster at ForeStville, Conn., in
place of James F. Holden, 'incumbent’s commission expired
December 11, 1911.
Marjorie Moore to be postmaster at Kensington, Conn., in
place of Marjorie Moore. Incumbent’ s commission expired De­
cember 11, 1911.
George A. Warner to be postmaster at Bristol,Conn., in place
of George A. Warner. Incumbent’s\ommission expired Decem­
ber 18, 1911.
ID A H O .

Albert Langdon to be postmaster at \uliaetta, Idaho. Office
became presidential October 1, 1911.
John M. Repass to be postmaster at ^tathdrum, Idaho, in
place of John M. Repass. Incumbent’s coruinission expired De­
cember 11, 1911.
Edward Waring to be postmaster at EnmieV, Idaho, in place
of Edward Waring. Incumbent’s commissioi\expired Decem­
ber 11, 1911.
IL L IN O IS .

August J. Beger to be postmaster at Nauvoo, l \ , in place of
August J. Beger. Incumbent’s commission expires\Tanuary 22,
1912.
Daniel A. Campbell to be postmaster at Chicago, IlV in place
of Daniel A. Campbell. Incumbent’s commission expired De­
cember 11, 1911.
John G. Carson to be postmaster at Melrose Park, Y ll
place of John G. Carson. Incumbent’s commission expir
eember 11, 1911.
William Clemans to be postmaster at Mansfield, 111., in
of’ William Clemans. Incumbent’ s commission expires Jamf^ry
.13, 1912.
Andrew M. Corbus to be postmaster at Oglesby, 111., in pla
of Josiah R. Bent, resigned
William A. Hutchinson to be postmaster at Oak Park, 111., in
place of William A. Hutchinson. Incumbent’s commission ex­
pired December 11, 1911.
August Kalbitz to be postmaster at Red Bud, 111., in place of
August Kalbitz. Incumbent’s commission expired December 1
1911.
Joseph B. Messick to be postmaster at East St. Louis, Ilk /in
place of Joseph B. Messick. Incumbent’s commission expired
December 11, 1911
Earle D. Riddle to be postmaster at Le Roy, 111., in $Iace of
John Haig, resigned.
Thomas D. Shipton to be postmaster at Hanover, Hf, in place
of Thomas D. Shipton. Incumbent’s commission expires Jan­
uary 23, 1912.
Harry E. Spear to be postmaster at Polo, Hf., in place of
Harry E. Spear. Incumbent’s commission expjffes January 13,
1912.
Allen II. Webster to be postmaster at Cu#a, 111., in place of
Allen II. Webster. Incumbent’s commission expires January
29. 1912
George P. Wilson to be postmaster ai^Orion, 111., in place of
George P. Wilson. Incumbent’s comjjaission expires January
31, 1912.
IN D IA N A

Henry T. Hardie to be postmaster at Anderson, Ind., in place
o f Thomas L. Dehority. In c u n ^ n t’s commission expired De­
cember 11, 1911.
Albert G. Lundquist to be postmaster at Indiana Harbor, Ind.,
in place of Albert G. Lundquist. Incumbent’s commission ex­
pires January 27, 1912
Elery B. McDonald to jb e postmaster at Lagrange, Ind., in
place of Elery B. McDonald. Incumbent’s commission expired
December 11, 1911.
James Pickering t ” e postmaster at Oxford, Ind., in place
Incumbent’s commission expires January
o f James Pickerin
12, 1912.
Charles W. Il/iggs to be postmaster at Sutherland, Iowa, in
December^9*R ill W ' B n sss‘ Incumbent’s commission expired




D e c e m b e r 19

Eric P. Da lander to be postmaster at Madrid, Iowa, in place^.
o f Eric P. Dalander. Incumbent’s commission expired Deceprber 18, 1911.
James Ellickson to be postmaster at Thompson, Iowa Dm
ice
became presidential October 1, 1911.
Charles A. Reynolds to be postmaster at Harlan,. Iowa, in
place of Charles A. Reynolds. Incumbent’s commission expired
January 31. 1911.
Caleb II. Wickersham to be postmaster at West Branch, Iowa
in place of Caleb H. Wickersham. Incumbent’s Commission ex­
pires January 22, 1912.
/
KAN SAS.

/

George H. Leisenring to be postmaster At Ellis, Ivans., jn
place of George II. Leisenring. Incumbptit’s commission ’ ex­
pires January 22, 1912.
/
J.
Frank Smith to be postmaster at/Pleasanton, Kans., in
place of J. Frank Smith. Incumbent’^commission expired De­
cember 11, 1911.
LO U ISIA N A

Mary Nixon Allen to be postmaster at Franklin, La., in place
of Mary Nixon Allen. Incumbenjrs commission expired Decem­
ber 12,'1911.
George W. Whitworth to beCiostmaster at Jeauerette, La., in
place of George W. Yfhitworthf Incumbent’s commission expired
February 7, 1911.
' M A IN E .

George L. Thompson tsf be postmaster at Brunswick, Me., in
place of George L. Thompson. Incumbent’ s commission expires
January 29, 1912.
/
Forest L. Waterma* to be postmaster at Mechanic Falls, Me.,
in place of Forest
Waterman. Incumbent’s commission ex­
pired December 18/1911.
M ASSACHU SETTS.

Paul It. Brids^nan to be postmaster at Ware, Mass., in place
of Paul R. Bryigman. Incumbent’s commission expires January
13, 1912.
/
Clara S. B ill 'to be postmaster at Amherst, Mass., in place
of Clara Sf Hill. Incumbent’ s commission expires January 20,
1912.
/
Thomas A. Hill to be postmaster at Georgetown, Mass., in
place of Thomas A. Hill. Incumbent’s commission expired De­
cember 10, 1911.
Lsfeter E. Libby to be postmaster at South Hamilton, Mass.,
r
in Aflace: of Lester E. Libby. Incumbent’s commission expired
Member 10, 1911.
Charles Newhall to be postmaster at Danvers, Mass., in place
'o \ Charles Newhall. Incumbent’s commission expires January
2<\l912.
pies J. Smith to be postmaster at Stockbridge, Mass., in
p la c lo f Agnes J. Smith. Incumbent’s commission expires January\0, 1912.
E lh'.M . Ward to be postmaster at Millers Falls, Mass., in
place
Ella M. Ward. Incumbent’s commission expired Deeember
1911.
Edwin' ’. Wyer to be postmaster at Woburn, Mass., in place
o f Edwin' — Wyer. Incumbent’s commission expires January
29, 1912.
M IC H IG A N .

Charles Bidwell, jr., to be postmaster at Tecumseh, Mich., in
place of Char\s Bidwell, jr. Incumbent’s commission expires
January 9, 191?
Charles L. Do\le to be postmaster at Marine City, Mich., in
place o f CharlesvL. Doyle. Incumbent’s commission expired
December 11, 191l\
Colin C. McGregc\ to be postmaster at Carsonville, Mich., in
place of Colin C. McGregor. Incumbent’s commission expired
December 18, 1911.
George Preston to fie postmaster at Grass Lake, Mich., in
place of George Prestoi\ Incumbent’ s commission expires Jan­
uary 20, 1912.
IIN N E S O T A .

William Kaiser to be posmnaster at Faribault, Minn., in place
o f William Kaiser. Incumb^R's commission expired December
11, 1911.
Thomas Kingston to be postmaster at Bovey, Minn., in place
of Loren D. Lammon. Incum b^^s commission expired Decem­
ber 9, 1911.
Charles LI. Latterell to be postn?fister at Foley, Minn., in place
of Charles H. Latterell. Incumbei\s commission expires Janu­
ary 23, 1912.
Henry C. Miller to be postmaster a\ St. Peter, Minn., in place
of Henry C. Miller. Incumbent’s commission expired December
11. 1911.

CONGRESSIONAL RECORD— SENATE.

1912.

0 0 ; to
during tho Indian wars and campaigns from 1865 t
the Committee on Pensions.
(B y request.) A bill (S. 4443) providing for the-’ retirement
o f noncommissioned officers, petty officers, and engpsted men of
the United States Army, Navy, and Marine Cofips, and for the
efficiency o f the enlisted personnel; to the CsSsmittee on Mili­
tary Affairs.
(B y request.) A bill (S. 4444) to imngPve the standing of
honorably discharged soldiers, sailors, JBnd marines, Regulars
or Volunteers, in obtaining civil-servigirpositions; to the Com­
mittee on Civil Service and Retronc-wient.
A bill (S. 4445) to direct the UpEmissioner of Navigation to
list as rebuilt unrigged vosselsyifnd to prescribe what shall be
considered a rebuilt u n r i g g e ^ ^ s e l; to the Committee on Com
meree.
By Mr. OVERMAN
A bill (S. 4446) tqgfflflSvide for completing the lighting and
marking with aids ijif navigation o f Cape Fear River, N. C .;
to the Committee 0 r Commerce.
By Mr. LA IB II l ETTE :
A bill (S. 444 1 ) granting an increase o f pension to James
McNeil (w ith accompanying papers) ;
A bill 0 0 4448) granting an increase of pension to Sallie
Ann Brafffey (with accompanying papers) ; and
A bill (S. 444!)) granting an increase o f pension Jo Michael
O’Brien (with accomprtnyiiig papers) ; to tho Cointnlttee on

Pensions.

By Mr. OWEN:
A bill (S. 4450) to enable the Secretary o f the Interior to
carry out the provisions of Article VI of the treaty between
the United States and the Navajo Nation or Tribe o f Indians,
proclaimed August 12, 1S6S, and for other purposes; to the:
Committee on Indian Affairs.
By Mr. BOURNE:
.rci i «sr-» \
A bill 'fS- 4451)' to authorize tlio constrmlibn of a road in
Crater Lake National Park, Oreg., and to appropriate $100,000
for the commencement thereof; to the Committee on Appropria­
tions..
LEVEE PROTECTION OF T H E M I S S I S S I P P I RIVER.

Mr. W ILLIAM S introduced a bill (S. 4353) to aid in con­
struction o f lei'ees and embankments on the east side of the
Mississippi River in Warren, Jefferson, Adams, and Wilkinson
_
Counties, in Mississippi, which was read twice by its title
referred to tile Committee on Commerce.
Mr. WILLIAMS. In connection with the bill I preseygF'a
memorial of the Legislature of the State of Mississippi .jffid a
memorial of citizens o f Mississippi, which I ask may bepfrinted
i n the R e c o r d and referred with the bill to the Cou$*ftttee on

Commerce.
There being no objection, the memorials were JSprerred to the
Committee on Commerce and ordered to b^. ..(printed in the
R ecord,

as

fo llo w s :

H istory of the east hanlc of the Mississippi R 4 0 r from Vicksburg to

Bayou Para, with reference to levee protection, etc., and memorial
and petition to the President and Congrese0Pf the United States.
contents . -Jr

p L A resume of the condition of thjSptast bank from Vicksburg to
nayou Sara before the advent of the gffcvation of the flood line of the
Mississippi River in 1890.
JU
J* Losses and damages sustainegpfiy the elevation of the flood line,
•
ill- Ostracism by the Mississippi' River Commission from levee pro1 TV and the statistics of thjgPterritory.
_ on
iv. The efforts of the peopledafid the appeal made to Congress, thence
jeierred to the Mississippi Ri#r Commission, arid their denial by that
U v for lack of authority hf law.
04
V The memorial of the jpississippi State Legislature to Congress.
VI. The answer and lawTrt of the Mississippi River Commission to
■ ^laemorial of the Mitj^ssippi State Legislature.
(1 TIT The appeal of
association, to the President and Congress of
the United States.
Chapter I.
A RESUME of th e
RAYOU SARA BE
TINE OF THE

DITIONS OF THE EAST BANK FROM VICKSBURG TO
r THE ADVENT OF THE ELEVATION OF TIIE FLOOD
a
SSIPPI RIVER IN 1S90.

. Before the *
■
ation of the Mississippi River levee system, dating
ginning ________ . the 21,000 inhabitants dwelling in
ft?. real activ.
_____ „ in 1883,
ai *s territory fisi- a distance of 200 miles from Brunswick, Miss., just
’ icksbiijffir. to Bayou Sara, La., enjoyed an immunity from over
r ,® °i the Nfississippi River for a long period of years.
J
P V quote » e language of the Mississippi River Commission : “ The
] .o
U-A, on pf; the general flood levels which has resulted from the ex
tension of m e le v
the levee system in recent years subjects those lands to
----- —
per
than thev — subject to formerly or would be subject
Deeper overflow th a~__ „ were io now if +i,„ levee system wer- - - - in existence.” (See Mississippi
vS
to
the i„vee S tem were not 9no7 ,

‘ S ttT S » ™A

as

r

™t‘‘usS?1 n5
l

Bayous Macon and Tensas, and on by the Ate a
3« .
riparian
Gulf of Mexico and if they ever reached the lands oi eastern riparian
banks in volume to overflow them they were speedily reduced by crevasses on the west bank, which allowed them to escape into the basins




841

at%ve mentioned and thus relieved the lands of the eastern riparian

ba% s

:e are seven basins on the east bank in the territory mentioned,
they contain:
492, 000
Arearaf seven basins____________________________ acres__
Area In cultivation prior to 1890_________ ________ do-----100, 000
Annua production of cotton prior to 1890________ bales—
50,000
Value W annual export productions prior to 1890-------------- $2, 000, 000
Populawm prior to 1890________________________________
2 1 , 00 G
(Repat 1894-95. See report Mississippi River Commission, Vicks­
burg lev® district.)_
A comparison of 'two 20-year periods will tell the story of the in­
crease of overflows, to wit:
From 1 * 7 to 1890 there were 3 overflows.
From 18®0 to 1910 there were 12 overflows.
While th«e is no record anterior to 1870, nor memory of any over­
flows, affectah' in any wise the production of crops in this territory.
In 1907 th&re were 3 overflows in the Rodney district.
Chapter II.
LOSSES AND DOTAGES SUSTAINED BY TIIE ELEVATION OF THE FLOOD LINE.

In the years\ 1890, 1891, 1892. 1893, 1897,' 189S, 1S99, 1903, 1904,
1906, 1907, 19(®, and 1909 the flood waters flowed these lands, and
the crops thereo»liave been destroyed, and the live stock drowned, and
the buildings ana fences and other improvements undermined and
washed away, anengthe drains and ditches filled up, and the soil washed
off, and the lands %>vered with superinduced additions of water, earth,
sand, and gravel, % as to render them unfit for cultivation, and to
practically destroy weir value, causing not only millions of loss to the
owners but to the ammerce of all riparian towns on tho cast bank
from Vicksburg to Blwou Sara.
We earnestly invoki^mur attention to the fact that these losses and
damages are not only Individual but public, crippling the commerce of
this territory to a men%ing degree.
Chapter III.
O S T R A C IS M

BY THE M lS J ^ fe s iP P I RIVER COMMISSION FROM LEVEE PRO­
TECTION AND Tlfe STATISTICS OF THIS TERRITORY.

>Some of our friends, bc®i in and out of Congress, who have been
ehjoying the benefit of the %vee system for 25 years have censured the
beople on the east bank fror® Vicksburg to Baton Rouge for not having
inaugurated levee building C l the east bank at the time the great
&
activity in levee building commenced. The reasons they did not so
build are not far to seek, andljjheir justification lies in the archives of
the Mississippi River Commiss%n. A few extracts from which are as
follows:
The river commission announced in the very beginning that to levee
the east bank from Vicksburg nwn to Baton Rouge would not in
the judgment of the commission ^ntribute toward the “ improvement
of navigation.” On page 213, Hdttrings before Senate Committee on
Commerce, May 12, 1890, the famo&s engineer, Capt. Smith S. Leach,
testifying before the committee as
the plans, policy, and scope of
the Mississippi River Commission sail
‘‘ The Government has never cons&ted to contribute, the commis­
sion has never allowed itself to contrt&nte, one cent toward the buildiiik of a levee that did not materially wstrict the flood escape.
“ There are certain small basins, filings as they may be called.
Is that contain a very small
overflowed country near the High
area, and we can afford to let each fiO G fill them once. The darnas
O
caused by allowing each flood to fill thd*%)asin once is less than the
cost of leveeing it.
Page 69, same hearings, Maj. Ilarrod, £f%nember of the Mississippi
River Commission, testifying as to the plaits* policy, and scope of the
commission, testifies :
&
“ Senator W ashburn . I s the river leveed offeboth sides of the river?
Maj. H arrod. It is leveed on one side, ti®: right bank, the entire
way. It is leveed on the other bank from Baton Rouge down. The
levees do not extend above this point, becaus^tbe hills are in such
close proximity as to serve as levees.
These two authorities show that, in the intere^Bof “ navigation,” the
Government deliberately doomed the lands on ' m e east bank to be
placed in the channel of the river in times of h
iafti water. Although
the aggregate area of the seven basins was 492,000|sacres, of which in
cultivation prior to 1890, 100,000 acres, and annuataoroduction of cot­
ton thereon, 50,000 bales, and a value of export (products prior to
1890 amount to $2,000,000, and a population of 21SFK) souls. (See
Report Mississippi River Commission, Memorial Vicks&urg Levee Dis­
trict, Report 1894-95.)
The people on the east bank, having full knowledge ofisdiese decisions
of the commission, would not tax themselves to build ad®xtensive line
of levees, because without Government control and assistance they
could not secure cooperation between individual owners alfcto strength
and grade of levees; hut the extraordinary height of the apod line in
1890, 1891, 1892, and 1893 stung the people to appeal to GJmgress for
relief. A great convention was held, which issued a memorial to Con­
gress. Delegates were appointed, hearings before all the comajittees in
Congress having to do with river matters were had, and thes§||congressional committees, over the individual signatures of their afembers,
recommended to the Mississippi River Commission to allot all tln^jnoncy
they could to the afflicted territory. (See Mississippi River ComlSSssion
Report 1894-95.)
This memorial, backed by the indorsement of the several congres­
sional committees, was duly presented, and on June 24, 1894, the1^'
mission thus responded :
‘‘ But the commission is convinced after mature consideration that
it is not within its jurisdiction, under the powers vested in it bv b L
r&
-.--

-n —

f n v o rn ih r .n n c O /ii,( m U „ l

, r -

allotments of money for the construction of levees wherever their use­
fulness in the prevention of overflow will justify the cost, and not
elsewhere (See Report Mississippi River Commission 1894-95, n. 2713.)
And although petition after petition since that date has been pre­
sented to them, in which it was shown that the riparian owners in
districts petitioning had already taxed themselves to build levees, the
commission has steadfastly refused to contribute $ 1 to the protection
of the east bank: and in their very last utterance, of July 30, 1910,
thev adhered to the position taken way hack in 1882, and announced
that thev must have specific authorization before they could, under the
law build levees on the east bank. (See Report of Mississippi River
Commission, 1910, pp. 2937, 2938.)
.
Thus is shown the continued and complete ostracism inflicted upon
this territory by the commission, as far as assistance to build levees
was concerned.

842

CONGRESSIONAL RECORD— SENATE.

But yon may say. Why did we not build a system of levees ourselves
and w ith ou t the aid o f the G o v ern m en t?

First. Because the experience of all the other levee districts on the
river, both north and south, before the Government took over the con­
trol of the disconnected levees and levee hoards and organized them into
one grand system, directed by the skill of its ablest engineers and
hacked by its millions of finance and clothed with the authority of
law, showed that the attempt to control overflows by local independent
levee hoards and planters, some rich and some poor, some engineers
Intelligent and others incompetent, was whollv futile, unless directed
by a centralized authority. In evidence of this, we call your kind
attention to the following tables, showing conditions prevailing just
prior to the active control of the United States Government and while
under the levee boards then existing:
The crevasses of 1882, numbering_______________________________ 284
Those of 1883, numbering_______________________________________ 224
Those of 1884, numbering_______________________________________ 204
But after seven years of Government supervision and direction, from
1883 to 1890 (in which period there were no high waters), the number
of crevasses in the levees during the great flood of 1890 were reduced to
23. (See hearings before Senate Committee on Commerce, p. 46.)
Second. The effect of* the Government control and perfection of the
levee system as a whole in those seven years raised the flood line to
such an unexpected height (instead of the promised lowering) that the
task of building levees then was beyond the financial resources of the
people on the east bank, without the aid of Government, which aid wa3
sought and persistently refused.
In support of these statements they herewith present the memorial
of the Vicksburg levee district, presented to the National Congress
March 8 , 1894, and now on file in the office of the Secretary of War.
(See Report "of Mississippi River Commission, 1894-95.)
C hapt er IV.
CALL ON WAR DEPARTMENT IN CASE OF W. S. HANKINSON, NO. 18619.

The claimant moves for a call upon the above-named department for
the following information and papers, deemed necessary for the due
presentation of this cause :
A copy of the memorial of the Vicksburg Levee District to the Mis­
sissippi River Commission, together with the request for a considera­
tion thereof by the House Committee on Rivers and Harbors, and the
House Committee on Levees and Improvements on the Mississippi River
and its Tributaries, dated March 10, 1894, and the indorsement of the
Senate Committee on Improvements of the Mississippi River and its
Tributaries, dated March 13, 1894, and that of the Senate Committee
on Commerce, dated March 17, 1894, together with the reply of the
commission written at New Orleans, June 29, 1894.
C i ia s . & Wsi. B. K in g ,
A tto r n e y s

'for C l a im a n t s .

Allowed October 8 , 1897.
THE

M E M O R IA L OF T IIE V IC K SB U R G LEVEE D IS T R IC T TO T H E
.
R IV E R C O M M IS S IO N .

S. J. P.
M IS S IS S IP P I

G e n t l e m e n of t h e M is s is s i p p i R iver C o m m is s io n : The Vicksburg
Levee District, created bv an act of incorporation on the 7th day of
February, 1894, by the Legislature of the State of Mississippi em­
braces, for the location of levies:
U
First. A territory in Warren County beginning at Brunswick, 18
miles above Vicksburg, and extending southward to Yazoo River.
Second. A territory in Warren County beginning about 15 miles
below Vicksburg and extending southward about 12 miles to Hayseville, on Okl River.
Third. A territory in Jefferson County beginning at Rodney and ex­
tending southward to Coles Creek, about 9 miles.
Fourth. A territory in Adams County beginning about 3 miles below
Natchez, at the St. Catherines Creek, and extending-fo the Gregory
plantation, about 8 miles.
Fifth. A territory in Adams County, beginning at Ellie Cliffs and
extending southward to the Briers plantation, about 4 miles.
Sixth. A territory in Adams County, beginning at Winnview and
extending southward to the Alloway plantation, a distance of 0 miles.
Seventh. A territory in Wilkinson County, beginning near mouth of
the I-Iomochltto River and extending 2 miles southward.
Eighth. A territory in Wilkinson County, beginning at the hills on
the northern boundary of the Langside plantation and extending south­
ward to the site of the former residence on T&rbert plantation, a dis­
tance of lp miles; all of which is more particularly described in the
accompanying maps herewith filed.
This territory, beginning at Brunswick and extending southward
about 185 miles to the southern boundary of the State of Mississippi,
on the thirty-first parallel of latitude, lies between the hills and river and
contains seven separate and distinct valleys or basins united in one
levee district, to be controlled and governed by commissioners selected
from each county.
The total length of levee line to beffiuilt or enlarged is 00 miles, and
the total number of cubic yards required to build said levees will be
about 1,950,000, and we estimate the*cost of the same to be 8350,000.
We most respectfully present to your honorable body the following
memorial:
The area of this alluvial territory is.about 492,000 acres of land, of
which about 100,000 acres is arable land. Prior to 1882 the produc­
r
tion of these lands amounted to 50,000 bales of cotton per annum, not
to speak of its grain, hay, and potato crops. If protected by the pro­
posed levees, the above productions would be largely exceeded.
The assessed value of these lands prior to 1890 amounted to from
$16 to $20 per acre for the arable land and $5 to $6 per acre for the
woods land. Since 1890 the assessments have been reduced to $5 and
$6 for the arable land and $ 1 per acre for the woods land from the
causes hereinafter mentioned. The market value of these lands pro­
tected by levees would be $2,500,000 at the present prices prevailing
for their products. The average annual products produced prior to
1S90 amounted to $2,000,000. The population is about 21,000 souls.
Prior to 1882. for a long period of years, the reach of territory on
the east bank enjoyed exceptional immunity from the effects of the flood
of the Mississippi River. We append the sworn statement of citizens of
Wilkinson County, In the levee district, touching the history of the
flood referred to, as affecting alluvial lands in said district. (Ex­
hibit A.)
And it has only been since the great activity in levee building and
the confining of 40 per cent more water at flood stages to the channel
than formerly, and more particularly the very large additions to levees
to the north and west of this territory superimposed upon the State
and local levee, and the general perfecting of the whole line to the




Jan u ar y h

north and west by the Government for the improvement of “ navioand the promotion of the interest of commerce.” that this territm-, >
!0a
suffered to any material degree from the effects of floods. Thus i as
the beginning of 1882 we have suffered seven overflows in the in S n°e
f
years. We respectfully submit that it is the consensus of onini!/,St 12
experience of the alluvial inhabitants of this district that sineo »and
the flood line has been raised from 2 to 3 feet over its area liio-m,
in former years.
gner than
Such was the confidence of the inhabitants in the inununi tv
overflowing enjoyed by this district that even up to 1890 thev to , 0IU
consider that the river problem affected them, ayd when in the f , n°t
ing years they were forced to understand thaffr the conditions IO
Jlo'vriver were revolutionized along this reach th o g F ability to protect°n tlle
selves by building levees had been paralyzaH by the repeated
from overflow.
jjS T
disaster
The evidence of increased elevation o£«be flood line is suDDort
the reports of the engineers under j^ifr honorable body and i,
by
report of your honorable body itstelfjgHVe respectfully refer tn ,
of 1892, page .3187, and report of l&Bti. page 3560.
*
rePort
The loss to the inhabitants of litis territory by the last four
flows, especially the last two, caJfflRl by this increased Hood lino°T<
'r'
impoverished them. Immediate relfcf is the pressing need.
ue aus
In the last two years alone tfjjre have suffered a complete destrn «•
of crops. From estimates oL.jwTmbltants of the various countin'' *
total amount of loss is
at least, in the period ment? Ilfi
from the causes mentioned^?
L10ned
We submit that every tetee district, on the river between Mem
and the Gulf, on both b*££s, has received aid and assistance but ?v??s
one, and, while resultintftVn benefit to the districts protected has i ais
clearly at the ruinous $«fiense of this district.
’
Deen
Your honorable bodjMias reported, in report of 1893, page 3500 ti
“ undoubtedly greaimpl.eights will occur when a still larger pronnpu
of high-water disehsjtrgc is controlled between levees.” That this 1 1 ) 0 1 1
trol of the high-water discharge has been rapidly increased th a t'U 1
'
sum of $ 1«500.Q v is being spent in this present year to effect ei,object, and thafc-mill further sums are allotted for this object fm- '/ I s
succeeding yea®? in every district but this district compels the W - e
sequence thqLfjFne lands in this territory on the cast, bank will rec\Ca*
greater danispb and its inhabitants bo plunged into deeper distress tv/V
°
ever, unles^Syour honorable body will grant our petition and allot
sum ask»®rer to protect this district.
1 ‘ he
The claim that we prefer resis upon the strong ground of Justice
equity. .-The people are not able to protect themselves by construct!^
new lej#es or repairing the old ones, and the conditions impose ,,Vns
the Uwfted States the highest obligation recognized by sovereigntio ° n
th e ,Moral duty to protect this territory from further disaster fk—*
floo4I of the Mississippi River. While the Government, National Iorn
St-ago. may absolutely appropriate or impose a servitude on nrlv11/11
Mpperty, the Constitution imposes upon the right of eminent dormjh condition that individual property shall not be taken nor nut
ally injured without making full compensation. That principle h *
jeon interpreted by the Supreme Court of the United States to noruS
to the deterioration of the value of use by the flow of water or tv
deposition of sand or other material caused by the erection of mob •
works.
*
fluniic
We insist that the principle thus liberally interpreted by the FerW
judiciary shall be applied for the benefit of this territory. We bn
not asked for a moneyed compensation for the damage done our / h
trict, but we do petition your honorable body, as the agents o n i
officers of the United States, to place our district in statu quo wi/i
other districts, and for that purpose that you allot to our district /u
sum of $350,000, and that work thereon be ordered to begin the c 6
suing summer to the end that the inhabitants of this district receive
character of compensation which contributes a degree of benefit to tia
improvement of navigation and the promotion of the interests
commerce, as well as to the inhabitants of the district.
We append the statement of steamboat owners of the lower rivo
and a letter from the president of the Anchor Line showing the on
vantage to commerce of this beneficent work.
(Exhibit C.)
' ,lu’
We append maps of all of said districts, except the map from Bruno
wick to Vicksburg, which is now in the hands of your engineers
1*
S
B. We ask a distribution of the sum, as follows :
For north Warren County---------------------------------------- -----------$125 onn on

For south Warren County--------------------------------------------For Jefferson County__________________________________

go’ onn- /J
”
27’ 666 w

For north Wilkinson County___________________________
For south Wilkinson County (Langside crevasse)_______

7 ’ rA ' 1 *
27’ 000 00

For*Adams County---------------------------------------------------------------

Total------------------------------------------------------------------And wo ever pray.

8

l ’ onn rm

35l7l66?67

Respectfully submitted.

H. F. S imrall ,
John F. J enkins ,
D e le g a te s fr o m

th e

V ic k s b u r g

L evee

D i s t r i c t , M a r c h 8, iso/,

Washington , D. C., March 10, 180!,.
We respectfully request that the Mississippi River Commission take
the accompanying memorial into careful consideration and render such
aid to the district interested as they can.
u
The equities presented seem to us strong enough to justify the com
mission In allotting a portion of the funds under their control to the
protection of the district, and we hope that they will do so. The mat
ter being for the present beyond congressional treatment, we can onlv
recommend that the commission take the matter in hand, which we
most respectfully do.
e
N. C. B lanchard.
A. Cam minetti ,
C h a irm a n ,

T. C. Catchixgs ,

K. II. Clarke,
Chas . H. Page,
P. D. McCulloch, Jr.,
T iios . J. H enderson.
C o m m ittee

L yman E. Barnes,
J ohn E. Reyburn,
B inger Herman,
W. A. .Jones,
C. H. Grosvexor,
S. M. Stevenson,
on Rivers and Harbors

of
th e H o u s e o f R e p r e se n ta tiv e s.

The undersigned members of the Committee on Levees and Improve
ments of the Mississippi River respectfully request the favorable action
of the Mississippi River Commission on the foregoing memorial of the
Vicksburg levee district. Wc think that they present a strong case for

1912.

CONGRESSIONAL RECORD— SENATE.

This, Mr. President, in my judgment,- is to be a year*of Demo­
cratic success, of Democratic victory./ It makes no particular
difference who my party may nominate as its standard bearer
so long as he is an honest, true, and? upright man; the toiling
masses of this Nation will rally to his standard. The con­
servative Republicans will lend him aid and support to sweep
from power the high priests of plptocracy, the oid standpat
high protectionists that to-day control the destinies of this
Nation.
M
r
Mr. President, I long to see that day arrive. I long to see
the day, sir, when the people offtliis Government shall come
into their own, when the Senate
the United States shall heed
the voice of the people, honestljf soberly, and deliberately ex­
pressed, when the people of tb||: Government may have some
voice in its management and cMitrol, when the people of this
Government may have restore® to them that form o f govern­
ment intended to be vouchsafe!?to them by the fathers, a plain,
| simple, honest Government, rijp in the interest, not o f one class
5 of our citizenship alone, buigpn the interest o f the great ma| jority, having for its motto, i f The greatest good to the greatest
inumber.”
( Sir, when that day shaljfcome, then will I be willing, like
Simeon of old to say, “ O, Jibrd, having seen Thy glory, let Thy
irvant depart in peace.”
Mr. President, I ask tin S' the bill which I have presented may
be printed, omitting the Ij fie, as a part of my remarks, and that
it be referred to the Coi jnittee on Agriculture and Forestry.
.’lie PRESIDING Ol iCER (Mr. B bandegee in the chair).
Ii| the absence o f obj<
that order will be entered,
introduced by Mr. D avis January 3,
len ate bill No. 41(
19®. is as follow s:
t it shall be unlawful for any person, assoit enacted, etc.,
„ i of persons, c
<
•ation or association of corporations, being
in ally State, Territo
district, or country of the United States of
A meis[ca, d; vectly or
rectly, to deliver, receive, or transmit, or to
direcSy or indirectly
interested in or to aid the receipt, or delivery
for liffinsmission, or
be directly or indirectly interested in, or to
aid tlsfe transmission nto any other of said States, Territories, districts,%)r countries
into any foreign country whatever, by means
of the snail, telegra
telephone, or other device or means, private or
public,
ny intellig’ ce, information, message, letter, card, writing,
device, ymbol, sigr representation, picture, design, cipher, or other
means v
tsoever
ereby intelligence, information, or understanding
may be
ed
other person, association of persons, corporation or
borporations or for their, or any of their, use
or benefit’
use and benefit of any other person, association
of perso
u or association of corporations, relating to or
in any r
ruing any transaction or contemplated, suggested,
or pro
tra
ction whose true intent and effect may be to
gamble
, or contemplates the speculating and gambling as
to the
price of any product of the soil of any country
commonly ,
S or
'
known as “ buying futures ” and “ selling
futures ” : 'j
led, That bona fide sales, and delivery according to
contract, slia.,
jt subject the parties to such transaction or proposed
transactions t
he penalties of this act: A n d p ro v id e d fu r th e r , That
transactions
proposed transactions to so speculate or gamble shall
not be affecte
this act, if at the time of such transaction or pro­
Posed transac
file particular product of the soil of any country
Whose mark*
e in future being the contingency upon which the
parties have
used to or have gambled or placed their margin had
not been for
next preceding, the subject of commerce between
any States, 1
ies, district, or countries of the said United States,
nor of any c
named States, Territories, district, or countries,
lies thereof, and any foreign country or countries
or of any o®i:he
°r the peop
ies thereof.
Sec. 2 . 't$at this a
shall be liberally construed by the courts, the
intent being to embr
and comprehend the commercial crime comP on y call® and know i as “ buying futures ” and “ selling futures ”
the soil, of whatever country, the subject of
‘,’ 5
or aMy products
commerce fu any part
the world and between whatever countries;
is moftnt to p
‘rohibit\any and all transactions or proposed trans­
actions _ circulated to or intended to further speculation and gambling
a:: r} ° thejfuture market pi\eo of any such products.
TTn-fCi
That it shall be \nlawfui for the postal authorities of the
vmted Spates of America tcCi-eceive for transmission, whether properly
i
cot, any letter, c%rd, or other thing mentioned in section
ettrd.
:h\unla\vful letter, card, or thing shall be
„ f ot this a ct; and if any suclD,ir....................
' any postal officer, postmaster, clerk,
‘icy Jtime in the custody
“ unlawful,” filed in a piaco
the same shall
locked, under the supervision of the proper postmaster, and
'
ace to the district attorney of the
f its possession given at
II the matter to the attention of
states having authority to
___ _
_ F
master General shall make and
per grand ju r y ; and the ...
all appro pi
i’iate rules to give-affect to the provisions of this

851

any period not less than 5 nor more than 15 years for each separate
offense.
Sec. G That any corporation violating any of the provisions of
.
section 1 of this act shall, for each unlawful act, forfeit and pay to
the United States of America not less than $10,000 nor more than
$100,000, to be recovered at the suit of the said United States, one-lialf
of which shall be adjudged to and allowed to any person who may
give information which may lead to judgment against the offending
corporation. And in the event any person may give in writing such
information to the Attorney General, supported by affidavit, accom­
panied by the certificate or any clerk of a court of record of anv
State, district, or Territory of the said United States, of of any clerk
of any United States court, that such affiant is personally known to
such clerk to he a person of probity and veracity, and thereafter if
the said Attorney General shall, for 90 days, fail, neglect, or refuse
to cause proper suit to be instituted against the corporation so alleged
to have offended against the provision of this act, shell informant or
affiant may petition the President of the United States, stating the
fact under oath, and thereupon the President, if deemed necessary,
may appoint a .special attorney whose duty it shall be at once to
institute such action and prosecute it with all reasonable diligence to
final judgment.
Sec . 7. That all laws and parts of laws in confl^it with this act he,
and the same are hereby, repealed and that this .set take effect from
and after its passage.

INSURANCE LAWS OF THE DISTRICT

Ot

COLUMBIA.

Mr. GALLINGER. I ask unanimous consent for tlie present
consideration of tlie bill (H. R. 12737) to amend the Code of
Law for the District; o f Columbia regarding insurance.
The Secretary redd the b ill; and there being no objection,
the Senate, as in Committee o f the Whole, proceeded to its
consideration. It proposes to amendjf section 640, chapter 18,
Code o f Law for the District o f Colombia, by inserting, after
the semicolon in line 20,. the words “ Imd such other information
as said superintendent may require" so as to read:
Sec. 646. Duties of superintendent^etc.— It shall be the duty, of
said superintendent to see that all laws of the United States relating to
insurance or insurance companies, be®§fit orders, and associations doing
business in the District are faithfuilj- executed ; to keep on file in his

,cas^aby> live-stock, credit and maturity companies or associa„
om” .'msmess in the District; and before any such insurance cornorder shalRbe, licensed to do business in the DisiFl”
Sha" me with said superintendent a copy of its charter, declara­
tion or organization, or articles of incorporation, duly certified in ac­
cordance; with law by the insurance commissioners or other proper
omcers ot the Statu, Territory, or nation where such company or asso­
ciation was organized; alsoja certificate setting forth that it is entitled
to transact business and sjgsumo risks and issue policies of insurance
therein, and such other ingsrmation as said superintendent may require ;
and if its principal office is located outside the District it shall appoint
some suitable person, resident in said District, ns its attorney, upon
-

may he served upon U e superi
jp
Columbia; and the teles for filing with the superintendent such papers
as are required by tins section shall be $ 1 0 , to be paid to the collector
of taxes, and no other license fee shall lie required of such insurance
companies or associations except as provided in sections 654 and 655
of this subchaptei£
Said superintendent shall : have power to make
such rules and regulations, subject to the general supervision of the
commissioners, njst inconsistent with law, as to make the conduct of
each company i # the same line of insurance conform in doing business
in the District,:;?

The bill was reported to the Senate without; amendment, or­
dered to a third reading, read the third time, and passed.
AMENDMENT OF IMMIGRATION LAWS (S. DOC. NO. 2 5 1 ).

Mr. OVERMAN. Mr. President, on April 10, T911, I intro­
duced a-bill (S. 385) to further exclude undesirable Immigrants,
improve conditions on immigrant vessels, and raise 'funds for
the proper enforcement o f the immigration laws. Thih.liill, to­
gether with other bills of a similar character, is now pending
befopo the Committee on Immigration. I ask that resolutions
and. views of governors of the Southern States, also an editorial
from the Mississippi Farmers’ Union Advocate, likewise an edi­
torial from the Manufacturers’ Record, o f Baltimore, Md„ and
some short hearings taken before the Committee on Immigra­
tion, House o f Representatives, copies of which are now ex­
hausted, be printed as a document and referred to the Com­
mittee on Immigration.
The PRESIDING OFFICER. Is there objection to the re­
quest of the Senator from North Carolina? The Chair hears
none, and it is so ordered.

h\
4. That any officer of the Post? Department aforesaid, postclerk, carrier, or other person aaVing the lawful possession of
RECALL OF THE JUDICIARY (S. DOC. NO. 2 4 9 ),
„ - . wicU- letter, card, or other thing, as tnentioned in sections 1 and
" offtliis act. and shall, knowing the unlawful character of said letter,
Mr. LODGE. I move that the Senate proceed to the consid­
«• or tiling, deliver the same to whom a^lressed or to any person
;
' ui v
ever, except as provided in section 3 of Ah is act, shall be subject eration o f executive business.
Mr. CHAMBERLAIN. Mr. President-----to indictment, and. upon conviction, shall be fifed in any sum not less
,$loo nor more than $ 5 ,0 0 0 . and shall be adjudged to be removed
Mr. LODGE. I will withhold the motion if the Senator from
t-fom office and from the employment o f The IYjstal Department, and
thereafter shall not be eligible to hold any ofii6 ^ of trust or protjt Oregon desires to make a request.
Mr. CHAMBERLAIN. I desire to have printed in the
under the laws of the United States of America.
v
\
Sac. 5. That any person who shall violate the provisions of thlfc R ecord an address delivered by the Senator from Oklahoma
o * any of them, except as provided in sections 3 and 4, shall be
l
subject to indictment for a felony, and upon conviction shall be 'f-Mr. O w en ] on the judicial recall before the State Bar Associa1
adjudged to be punished by imprisonment in the penitentiary for timNQf Oklahoma a short while ago.




.

. CONGRESSIONAL RECORD— SENATE.
The PRESIDING OFFICER. Is there objection? The Chair
hears none, and the order will be entered. The Senator from
Massachusetts moves-----Mr. HEYBURN. One moment, Mr. President. I should like
to inquire-----The PRESIDING OFFICER. Does the Senator from Massa­
chusetts withhold his motion?
Mr. LODGE. Certainly.
Mr. HEYBURN. I rise to a question that would be privi­
leged. I rise to inquire under what rule the speech of some
private citizen, delivered on som~ private occasion, can be
printed in the C ong ressional R ecord unless it is read as a
part of the discussion or by some Senator? I know of no such
rule, and I should like to have the Chair direct me to it.
The PRESIDING OFFICER. The Chair does not think there
is any such rule, but it was done by unanimous consent.
Mr. LODGE. Such speeches are usually printed as docu­
ments, I think.
Mr. CHAMBERLAIN. I do not care to ask to have that done.
Mr. HEYBURN. That would be much more appropriate.
Mr. LODGE. I think that is the better way.
Mr. HEYBURN. It is much more appropriate to print such
speeches as documents than it is to print them as a part of
the proceedings of this body, because they are not a part of
the proceedings of this body, either directly or indirectly.
Mr. CHAMBERLAIN. Mr. President, if the Senator desires
to have me read it, I w i l l do so and insert it in the R e c o r d .
I have that privilege; but I simply desired to save the time of
the Senate by asking that it be printed
Mr. HEYBURN. Well, Mr. President, it is a saving of time
at quite an expense. Would it not be quite sufficient to print
the speech as a public document?
Mr. CHAMBERLAIN. I have no objection at this time, then,
to having it printed as a public document.
The PRESIDING OFFICER. And not in the R ecord?
Mr. HEYBURN. I think I sh a ll o b je ct, w hen present, h ere­

Ja n u a r y u

amended the resolution, leaving the control in the hands of cvn
This question has been debated by the conferees since the extra
and after many meetings representatives on each side have been i S
1°n>
to offer concessions which would he acceptable.
ullablo

Mr. President, in view of the fact that the Senator fMassachusetts has the floor, I am not going to discuss n®
question, but in order that those who are anxious to attend **
funeral may not prepare with indelicate haste, I want to «
gest that the joint resolution is not dead, nor is it about to'
We will, I venture to prophesy, before this session of Coffer, ’
closes, pass this resolution in some form, so that the .pe °SS
will have an opportunity to pass on it in their next legis/it,1 r> °
° 1
There will be quite sufficient of life in it to satisfy tfte researnest before a great while.
!
lost
HOUSE BILLS REFERRED.

/

The following bills were severally read twice by ill
eir titles
and referred to the Committee on Commerce;
PI. R. 13112. An act authorizing the construction/of a bridge
M
and approaches thereto across the Tug Fork of Big Saudx
R iv er;
H. R. 1410S. An act to authorize the city o f /unneapolig, jn
the State of Minnesota, to construct a bridge aqfoss the Missis­
sippi River in said c ity ;
/
H. R. 14109. An act to authorize the city ol Minneapolis, iu
the State o f Minnesota, to construct a bridge Jicross the Missis­
sippi River in said city;
/
H. R. 14110. An act to extend the time fa? building a bridge
aci'oss the Mississippi River at Minneapolis Minn.;
H. R. 14111. An aut to extend the timqf for constructing a
bridge across the Mississippi River at Mmneapolis, Minn.;
I-I. R. 14125. An act to authorize the/construction, mainte­
nance, and operation o f a bridge across^lie Little River at
near Lepanto, A rk .;
PI. R. 14944. An act authorizing the ^instruction of a bridge
across the Connecticut River, in the State of Connecticut
between the towns of East Haddam and Pladdam;
a ft e r to th e p rin tin g a s a part o f th e d a ily R ecord o f any m an ’ s
H. R. 15781. An act to authorize m e Aransas Harbor Ter­
rem arks, however em inent he in ay be, th a t a re n ot d eliv ered in minal Railway to construct a bridgp across Norris and Cum­
this body.
mings Channel; and
/
Mr. CHAMBERLAIN. Mr. President, I beliqve I shall insist
IP. R. 15920. An act to authorize/the board of county com­
that it be printed in the R ecord. That course has often been missioners for Beltrami County, 3£iun., to construct a bridge
across the Mississippi River.
followed.
Mr. HEYBURN. I object, then.
MISSOURI RIVER BRIDGE AT SIBLEY, MO,
Mr. CHAMBERLAIN, Then, I will ask permission to read it,
The VICE PRESIDENT laid Jbefore the Senate the amend­
Mr. President.
' Mr. HEYBURN. I have no objection to that, and I will ment of the House of Representatives to the bill (S. 4006) to
amend an act entitled “An act / o authorize the construction of
listen to it with pleasure.
The PRESIDING OFFICER. The Senator from Massachu­ a bridge over the Missouri River at or near Sibley, in the State
o f Missouri,” approved July p , 1884, which was, on page 2,
setts has the floor and has yielded temporarily.
Mr. LODGE. I yielded to the Senator from Oregon to make line 4, after the word “ constructed,” to insert “ maintained and
operated.”
f
a request, but I did not yield for a speech.
Mr. STONE. I move that the Senate concur in the amend­
The PRESIDING OFFICER.
The Senator withheld his
me i ion for a moment. The question is upon the motion of the ment o f the House of Representatives.
The motion was agreed to.
Senator from Massachusetts.
EXECUTIVE SESSION.
Mr. CHAMBERLAIN. I thought the Senator had yielded
to me.
Mr. LODGE. I renew my motion that the Senate proceed to
Mr. LODGE. I did, to make a request. I did not suppose it the consideration of executive business.
was to be a speech.
The motion was agreed to, and the Senate proceeded to the
Mr. CHAMBERLAIN. I do not care to make a speech, Mr. consideration of executive business. After 20 minutes spent in
President.
executive session the doors were reopened, and (at 3 o’clock
The PRESIDING OFFICER. The Chair understood that the and 55 minutes p. m.) the Senate adjourned until Monday,
Senator from Oregon proposed to read the address now..
January 15, 1912, at 2 o’clock p. m.
Mr. CHAMBERLAIN. Then, Mr. President, I request, as the
Senator from Idaho does not object to that, that the address be
GENERAL ARBITRATION TREATIES.
published as a Senate document.
Tiie PRESIDING OFFICER. Is there objection to that re­
During the consideration of executive business, on motion of
quest? The Chair hears none, and it is so ordered.
Mr. L odge, the injunction of secrecy w a s removed from the
proposed resolution of ratification of the general arbitration
____
ELECTION OF SENATORS BY DIRECT VOTE,
treaties with Great Britain and France, signed on August 3,1911,
Mr. BORAH. Mr. President——
which w a s ordered to be printed as a document. (S. Doc. 98,
The PRESIDING OFFICER. Does the Senator from Massa­ pt. 3.)
chusetts yield to the Senator from Idaho?
Mr. BORAH.- Just for a moment.
NOMINATIONS.
Mr. LODGE. Yes.
Mr. BORAII. Mr. President, it is one of the maxims of news Executive nominations received t>y the Senate January 11, 1912,
gathering that you must go away from home to find out what
,
P rom otion i n t h e A r m y .'
has happened. I read a dispatch in a far western paper to this
CORPS OF ENGINEERS.
effect:
E L E C T IO N B IL L F A IL S .
Second Lieut. Robert S. A. Dougherty, Corps of Engineers, to
W ashington , J a n u a r y J,.
All hope of agreement between conferees of the two Houses of Con­ be first lieutenant from October 4, 1911, vice First Lieut. Charles
gress on the resolution providing for election of United States Senators R. Pettis, promoted.
hy direct vote of the people has vanished. The conferees have reached
the conclusion that an agreement would he impossible, and a report to
that effect is expected next week. The difference between the House
and Senate conferees is based on a question of congressional super­
vision. As passed by the House the resolution placed the control of
senatorial elections in the hands of the State legislatures. The Senate




P en s io n A gent .

Jesse B. Fuller, of California, to be pension agent at San
Francisco, his term expiring January 14, 1912. (Reappoint­
ment. )

HAND-ROLLER PROCESS--- SAMUEL GOMPERS.

Tl?e VICE PRESIDENT laid before tbe Senate a communi­
cation from Samuel Gompers, tlie president of tbe American
Federation of Labor, transmitting a copy of resolutions adopted
‘ that body, petitioning that the “ hand-roller ” process in the
manufacture of currency, etc., be not discontinued by the
Government.
Mr. HEYBURN. What is this document?
The I ICE PRESIDENT. The Secretary will again read the
synopsis.
The Secretary. A communication from Samuel Gompers,
president of the American Federation o f Labor, transmitting
S< [\ C()l)y of resolutions adopted by that body petitioning that the
“ hand-roller ” process' in the manufacture of currency, and
so forth, be not discontinued by the Government.
Mr. IIEYBTJRN. What is it doing in the Senate?
The VICE PRESIDENT. It is addressed to the Vice Presi­
th dent as President of the Senate, and the Vice President there­
fore lays it before the Senate. It is practically a petition.

EECOED— SENATE.

1057

_

States shall be manufactured in the highest style of the art by what
is known as the hand-roller process. We do not believe in a cheap
country, cheap men, cheap wages, or a currency cheapened to the
danger point of encouraging counterfeiting. In fliis respect the people
have implicit confidence in their Government, and our pride and interest
alike demand that this confidence shall not be destroyed. The people
in the last analysis are the Government, and ttpiir voice, and not that
of the selfish and scheming interests, should pifevail in this matter of
so vast, far-reaching, and vital concern ; and lie it further.
“ R e s o l v e d , That copies hereof be transmitted/to the President of the
United States, the Secretary of the Treasury, the President of the
Senate, and the Speaker)of the House of Representatives with a request
that the same be printecnin the Congressional R ecord.”
The convention approved the- above, and in ^conformity with the con
eluding paragraph thereof I have the honor transmit the matter to
you, v.’hich I trust may ceive your favorab consideration.
Very respectfully, urs,
tf Saml. Gompers,
csid en t A m c r itp n F e d e r a tio n

of

L a bor.

Mr. HEYBURN. Mr. president, just a word. It seems to
i u s k ior m e y e a s u n u . u a j o
*.—
me that we have possibly discovered a sjblution to an embarrass­
Mr. President.
ing situation which existsXin both political parties. Mr. Gom­
The yeas and nays were ordered, and the Secretary proV pers has been vindicated s\ thoroughly and indorsed so highly
ceeded to call the roll.
J by both sides that it might be that iff it is found that he is or
Mr. WATSON (when his name was called). I have a general will become a citizen of the nited Stjates and declare to which
the solution of the conventions,
pair with the senior Senator from New Jersey [Mr. B r i g g s ] , party he belongs he may
to as* the Senator from Idaho
Mr. BACON. I should
which I transfer to the senior Senator from Oklahoma [Mr.
if he does not recognize that ny map, whether he be a citizen
w e n ] and vote.
I vote “ yea.”
or not, who is in this country ,nd subject to its laws and within
The roll call was concluded.
f pe/ition?
jurisdiction, has
Mr. TAYLOR (after having voted in the affirmative). I am itsMr. HEYBURN. the right
er is no such l a w . It i s a
Oh, no;
paired with the Senator from Kentucky [Mr. B r a d l e y ] . A s he citizen of the United States wf
jhay petition.
is not present, I withdraw my vote.
Mr. BACON. That is not th
Mr. JOHNSTON o f Alabama. I have been requested to an­
Mr. LODGE. Oh, no; Mr. P1 ident------nounce that the junior Senator from Connecticut [Mr. M c L e a n ]
Mr. BACON. I will read the lw.
is paired with the senior Senator from Arkansas [Mr. C l a r k e ] .
Mr. LODGE. The Constituti
is perfectly plain.
It is
The result was announced—yeas 67, nays 3, as follows :
the people o f the United States....
YEAS— 67.
Mr. HEYBURN. Yes. The ^constitution was made before
Smith, Ga.
Martine, N. J.
Cummins
the Government.
Bacon
Curtis
Myers
Smith, Md.
Bailey
Mr. BACON. The first amen<fmd|it to the Constitution of the
Smith, Mich.
Bankliead
Dillingham
Nelson
United States is in this language
Borah
Dixon
Newlands
Smith, S. C.

6

Bourne
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Clapp
Clark, Wyo.
Crawford
Culberson
Cullom

du Pont
O’Gorman
Fletcher
Oliver
Overman
Gamble
Gardner
Pago
I’aynter
Gronna
Penrose
Hitchcock
Johnson, Me.
Perkins
Poindexter
Johnston, Ala,
Pomerene
Jones
Rayner
Kern
Reed
Lodge
McCumber
Shively
Simmons
Martin, Va.
NAYS— 3.
Heyburn
Gallinger
NOT VOTING— 21.
Lorimer
Gore
McLean
Guggenheim
Nixon
Kenyon
Owen
La Follette
Percy
Lea
Richardson
Lippitt

Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
Townsend
Watson
Wetmore
Williams
Works

Congress shall make no law reslectiifc an establishment of religion
or prohibiting the free exercise mereofl or abridging the freedom of
speech or of the press, or the right of th\ people peaceably to assemble
and to petition the Government fir a reck-ess of grievances.

Mr. HEYBURN. Now, is p here :\iy question-----Mr. BACON. If the Senator w ill pardon me for just a
moment; o f course this is nbt the occasion to go into an ex­
tended debate upon that question, butt it has been very thor­
oughly debated, and the principle very generally established and
acquiesced in, I think, that tiiat language creates an inalienable
right to petition regardless o f the person. And I make the
further proposition, which (I think is urkloubtedly the correct
one, that anybody within tlie jurisdiction ^>f the United States
Brandegee
and subject to its laws, w > has a grievance, if it is one within
the Federal jurisdiction, has—without nVw considering the
Root
Bradley
manner o f presentation
ie right of petition; and I care not
Taylor
Briggs
Warren
whether that person bej the highest in tl\e Government or
Clarke, Ark.
Crane
whether he be a felon ii; a cell.
Davis
Mr. HEYBURN, No™ if the Senator subi Jits that proposiFoster
tion-----So Mr. F l e t c h e r ’ s m o t i o n w a s a g r e e d t o .
Mr. LODGE. Mr. Pr ident-----Solutions are as
c o m m u n ic a t io n
and
a c c o m p a n y in g
Mr. PIEYBURN. Th Senator from Mass?
etts will pardon me for a moment I am not in doubt in
mind as to
A merican F ede It i on or Labor,
C ., J a n u a r y 1 7, 1012.
the status o f the righ o f petition. No court an no tribunal
Washington,
d States is
has held that a forei her being within the I
Hon. J ames S. S herman ,
,
_
President of the United Sfortes Senate, yvashington, D. C.
included within the 1 nguage of the first amend lit to the
T S ir : At tbe last annual convention oL&ic American Federation of
Labor, held at Atlanta, Ga., November lra-25, l& ll, there was under Constitution.
fere had
I f the Senator will efer back to the debates that Vvi
consideration the following preambles anffl resolutions:
ofV
VVhereas there is now pendirre in jane Senate of the united States upon this question atfthe time referred to by one o f' h e Sen­
a bill (s. 2564) known as the Sinoojr printing bill, the main purpose ators this morning, lifc will find that no one contended that a
of. which is to codify, amend, andlenflct printing laws, but which con­ foreigner had that i’ight. He must approach this Govern­
tains at the end of its 110 pages l y eight-line section which indirectly
repeals a law of Congress enactedlfor the purpose of safeguarding the ment—and we are tlie active element of the _Government—
people’s currency against the daqfcrs of counterfeiting; and
through the representative o f the country to which he belongs.
“ Whereas the maximum of sazefy against the evils of the coumerrefers unquestionably to
ou tlie
feiters’ art is guaranteed by what k known as the hand-roller process The word “ people”are citizens or within the the people citizen­
status o f
ot Manufacturing paper securities; andpaper money, in the making , or. United States who
,.
Whereas a cheaply manujjftcturAl
ship.
f
\
which are to lie discarded, f/r the fake of a false economy, the high
Mr.
unquestionably.” That, Vf
ai't features of the engrave hr and printers’ crafts, which alone render course,BACON. it,Thd Senator says unquestionable, there is nW
because if it is
impossible reckless and widespread {counterfeiting such as prevailed room forsettles
difference. I But I do question it.
\
in the days of the ‘ wild-®t ’ curreacy of the long ago, would entail
incalculable losses upon hfie common!people: and as proof, expedience
Mr HEYBURN. jl hope the Senator will not pass by-----\
teaches that counterfeih/s apply tlilir skill principally to producing
Mr. BACON. I f f the Senator will pardon me, I want to \
nnrt putting in circulati/n the small potes which pass current among
;
\
farmers and the workin/ classes in th i cities and towns on the assump­ finish, but-----tion, which is well grqi&nfed, that thise classes will be the least sus­ Mr. HEYBURN. I hope the Senator will not attempt to dis- \
picious and the moro/oasily deceived iwith well-e-vecuted counterfeits, pose of it because a used the word “ unquestionably.” It ex­
and
/
V
“ Whereas it is tli/ highest duty of ahe Government to throw every presses merely the/ unquestioned judgment of the person who
possible safeguard a/iout the paper money which it manufactures and speaks.
Puts in circulation among the people tro the end that tneir pieseni.
accept it
implicit confidence in this function oft government may not be mis­ Mr. BACON. II will not going in that sense. Senate with this
Mr. President,
am
to detain the
placed or destroyed :the American itFederation of. T ,
Therefore be
t .
.
,.
“ Resolved, That
Labor, in convention debate, but I will simply call attention to one thing. Every
assembled, protests against the repeal of the law of Congress of 189b foreigner, every person within the jurisdiction o f this country
which provides that the paper money, bonds, and checks of the T>nited




CONGRESSIONAL RECORD— SENATE.
and subject to its laws, is permitted to go into our courts to
establish his rights, and that is a principle which would un­
doubtedly apply to the question whether or not such a person,
who sought to have liis redress not in the courts but at the
hands of Congress, would also have the right, for the same
reason, to be heard by Congress.
Mr. President, if a foreigner in this country, subject to its
laws, bearing its burdens, is suffering a grievance, a grievance
which is not one to be righted in a court, but which can be re­
dressed only by the action of Congress, it seems to me by every
possible principle which applies to his right to go into a court,
he should be permitted to be heard by Congress.
But, Mr. President, the use\>f the word “ people ” is signifi­
cant, and it corresponds in its broadness with the principle which
would include everyone who is within the jurisdiction and sub­
ject to the laws of the country, because foreigners have rights,
and they have obligations, and those rights may be rights which
can be redressed only at the hands jof ,Congress; and by every
rule and by every principle they would have the same right to
appeal to Congress that they would have to appeal to the courts.
Mr. IIEYBURN, May I ask the Senator a question in -that
line ?
Mr. BACON. With pleasure.
Mr. IIEYBURN. Suppose a thousand subjects of Russia or
of Italy, not being citizens of the. United States, Were to seek to
petition Congress that action be taken against 'bheir Govern­
ment.; would a petition like that be received?
\
Mr. BACON. The question what the petition contains is an­
other matter. There are certain things, as suggested 'to me by
the learned Senator from Mississippi [Mr. W il l ia m s ^, that
would not possibly be entertained by Congress as being a lWitter
which would violate every principle of comity. Certain things
might be rejected on that account. Certain petitions, by rea^m
of being disrespectful to this body—for instance, for being
couched in improper language or easting aspersions on the PresP>
dent of the United States or any of the judiciary—would be
rejected; but any petition couched in respectful language, by
anyone whatever, not violating the obligation of comity which
we owe to other nations, on any subject which affects the right
of anyone within the jurisdiction of the Government and sub­
ject to its laws and entitled to the rights and subject to tlj'
obligation of all persons, whether citizens of the United StajEs
or not, would be received ; and it is only some exceptional .pason—not by reason of the fact of noncitizenship, but someming
that affects the particular petition, sucli as I have indicatedpn the
references I have made—which would justify hesitation for a
moment on the question of its reception when propgrly pre­
sented. I think it is so broad that it includes everyone within
the jurisdiction of the country, subject to its laws, apd regard­
less of his station, whether it be high or low, or whether he be
a free man in the exercise of his rights or a feftrn serving a
sentence of the law.
/
Mr. LODGE. Mr. President, in the volume of precedents
which we have in regard to parliamentary questions in the Sen­
ate some cases are given of petitions from foreigners. The sec­
tion is wrongly headed. It states, “ Petitions from foreigners
not received.” And yet, if you read what the action was, the
action was that the petition was ordereddo lie on the table. It
was not referred.
/
I myself agree entirely with the interpretation given to the
clause of the Constitution by the Senator from Georgia [Mr.
B acon ]. I have no sort of doubt adf to the right of petition by
a man not a citizen of the United p a te s but a resident here and
within our jurisdiction. I do uqt think it is material whether
he has become a citizen or has pot.
The right of petition at oq£ period in our history was the
subject of great contention. yCThe House of Representatives for
a great many years undertook to exclude petitions bearing upon
slavery. The great content that John Quincy Adams made to
establish the right of pefeftion is familiar to every one. It was
established and the gag/rule, as it is called, was repealed.
I have always believed most profoundly, Mr. President, that
the right of petition/is absolute. The only restriction upon it
is that the petition'Should be couched in proper and respectful
language. The language- should not be indecent or improper.
If it is in respectful language, whether it comes from a man in
the penitential or whether it conies from the highest officer in
the land, it should be received. The right of petition is to me
a great constitutional right.
[ have said this simply because I think the Senator from
Missouri [Mr. R eed ] misunderstood what I said.
Mr. CULBERSON. Mr. President, with reference to the
question which has just been passed upon, I desire to say that
I voted to receive this petition and to print it in the R ecord
upon the broad ground that it is a petition from the American



J a n u ar y 18,

Federation of Labor, an organization well known to this
country.
Jp
So far as concerns Mr. Gompers, there is nothing to indicate
that he is not a citizen of the United States or the subject or
citizen of a foreign government. There is a mere suggestion of
such a possibility. If any Senator or the PresicRffg Officer of
the Senate, where the petitioner is not a citizen^f this country
but is a citizen or subject of some foreign acuntry, were to
present a petition to the Senate from the peudon himself, in his
individual capacity, it would raise an entii^fy distinct question
under the rule of the Senate, and one t y / c t is provided for ex­
pressly by the rules,
To make myself plainer, if it a p p e n d as a fact that Samuel
Gompers is a citizen or subject o^Some foreign country and
submitted this petition in his indrvidual capacity as such, it
could not be presented to the Senate, under the rule, except
through the President of the touted States, the executive me­
dium of communication between this Government and foreign
countries. Rather than hajp this matter go over without hav­
ing the rule called to the attention of the Senate, I will read a
portion of paragraph 5 apRule V I I :
But no petition or memorial or other paper signed by citizens or
subjects of a foreign povs/v shall be received, unless the same be trans­
mitted to the Senate b^Fhe President.
P
etitions an d m em o rial s .

■

ented a petition of the congregation of the
ff Ashley, Ind., praying for the enactment of
>r law to prevent the nullification of State
fide dealers, which was referred to the Coinfiary.

Iv presented memorials of members of the
e U. S. Grant Branch of the Star-Spangled
l ; of sundry citizens of the eighteenth asf members of the Thomas Davis Club; of
the twenty-second assembly district; of memHope Club, the Bunker Hill Club, and the
of sundry citizens of the eleventh congresI of the United Irish-American Societies of
all of New York City, and of the Civic
LeaguVof Brooklyn, all in the State of New York, remonstrating
againstVlie ratification of the proposed treaties of arbitration
between ^ie United States, Great Britain, and France, which
were ordered to lie on the table.
Mr. CULBDM presented 47 letters from citizens of Denver,
Colorado Springs, Salida, and Grand Junction, all in the State
of Colorado ;
letters from citizens of Richmond, in the State
of Indiana; anengo letters from citizens of New York City and
Brooklyn, in the \ t ale of New York, favoring the ratification
without amendment of the proposed treaties of arbitration be­
tween the United SWtes, Great Brintain, and France, which
were ordered to lie onVhe table.
He also presented memorials of sundry citizens of Illinois,
Massachusetts, New Yonn Pennsylvania, and Connecticut, re­
monstrating against the ratification of the proposed treaties of
arbitration between the uhiited States, Great Britain, and
France, which were ordered iS lie on the table.
^
He also presented petitions of sundry citizens of Illinois,
Ohio, Rhode Island, and New Yvu'k, praying for the ratification
of the proposed treaties of arbitration between the United
States, Great Britain, and Franca which \yere ordered to lie
on the table.
\
He also presented a petition of members of Company K,
Fifth Infantry, Illinois National Guai^, of Delavan, 111., pray­
ing for the enactment of legislation regulating the pay of the
members of the Organized Militia, which was referred to the
Committee on Military Affairs.
\
He aiso presented a petition of Local Phst No. 240, Grand
Army of the Republic, Department of Illinois,\pf Lexington, 111.,
praying for the passage of the so-called dollar-awlay pension bill,
which was referred to the Committee on Pensions.
He also presented memorials of sundry citizeAs of Dangola,
Broadwell, and Park Ridge, all in the State of Illinois, remon­
strating against the extension of the parcel-post system beyond
its present limitations, which were referred to the Committee
on Post Offices and Post Roads.
Mr. SMITH of Michigan presented petitions of the congrega­
tions of the First Congregational Church of Ludington, theCJethodist Episcopal Church of Paris, the First Congregarhmal
Unitarian Church of Detroit, the Congregational Churcn\of
Chelsea, the Congregational Church of Atlanta, and the First
Methodist Episcopal Church of Manistee, of sundry citizen^

00X(1EESSI0IST L EECOED— SENATE.
A

1912.

ACCIDENTS IN COAX MINES (S. DOC. NO. 2 6 5 ).

Ml’. SMOOT. From the Committee oil Printing I report
favorably on a paper presented b„v the Senator from California
[Mr. W o r k s ] on the 9th instant, being an address delivered by
Dr. John Randolph Haynes before the joint session o f the
American Economic Association and the Association for Labor
Legislation, in Washington, D. C., in December last, on the sub­
ject of accidents in coal mines and the means of preventing
them, with the request that it be printed as a public document.
The VICE PRESIDENT. Without objection, the order will
be entered for the printing of the document.
the

Am e r ic a n

m e r c h a n t m a r in e

( s.

doc. n o . 2 0 3 ).

Mr. SMOOT. From the Committee-on Printing I report
favorably 'on 11 paper presented by the Senator.from Minnesota
[Mr. N elson}; on the 8th instant, relating to the American
merchant marine and shipbuilding industry in the United
States for 3909, with the request that it be printed as a public
document.
£
■
The VICE PRESIDENT. Without objection, the order for
the printing of f}ie paper will be entered. 1
ALBERT S. ITENDKREB./

Mr. CRAWFORD. I ask that the bill $?. 2179) for the relief
of Albert S. ITenderer, being Order of Business 365, and which
was reported by me from the Committed on Claims on the 3Gth
instant, be recommitted to the Committee on Claims for the
purpose o f correcting an error.
§'
The VICE PRESIDENT. Without Objection, the bill will be
taken from the calendar and recommit ted to the Committee on
Claims.
Ife
W
BILLS INTRODUCED.

Bills were introduced* read the first time. and. by unanimous
consent, the second time,- and referred as follow s:
By Mr. K E R N :
j
,
A bill (S. 4625) granting relief to persons who served in the
Military Telegraph Corps of the Army during the Civil W ar; to
the Committee on Pensions.
By Mr. TAYLOR:
\ J?
A bill (S. 4626) for the relit'! o f heirs or estate of John S.
Burrows, deceased;
A bill (S. 4627) for the | lje f o f heirs or estate o f Joseph
Cain, deceased;
*
A bill ( S, 462S) for thqfire1|ef of heirs or estate of L. D.
Crawley, deceased;
jf
4
A bill (S. 4829) for thejrelief4pf heirs or estate o f Louis R.
D icus;
A bill (S. 4630) for tale relief“ipf heirs or estate of Robert
Edwards, deceased;
f
\
A bill ( S. 4633) for tjp relief of j . D. L ane;
A bill (S. 4632) for 0ie relief o f Ijeirs or estate o f J. A. Mil­
hous, deceased;
\
A bill (g. 4633) fojif the relief o f foil's or estate o f Thomas
L- Keal, deceased; £
%
A bill (g. 4634) $br the relief o f heirs or estate of Abner
Dgles. decea sed ;
#
\
A bill (g . 4035)
the relief o f N. E.^Perkins;
A bill (g . 4636)Mor the relief o f heiw or estate o f J. O. Iy
V dhamson, deceased;\
A bill (g. 4637)1 for the relief o f LottiehBowman ;
A bill (g. 483*) for the relief o f heiim or estate o f W ilsfn
Cupples, decea sea;
\
A bill (S. 461#) for the relief o f Mrs. F. fd. Harris;
A bill (g. q(jao) for the relief o f heirs < r estate o f Joseph
>
Dolt, deceased#
A bill (g. 4&I1 ) for the relief o f John R ic%
V . bill (g 4642) for the relief of heirs 0% estate o f T. E.
Bob 'son, deceased;
rpV oill (g. *643) for the relief o f heirs or est*»e o f William J.
Tbonms, d ebased ; and
Wm 1 * (SJ4644) for the relief o f heirs or estate o f Theodrick
m, deceased; to the Committee on Claims. \

f y Me Racon :

V

st-if
Jr'
to establish a fish-hatching amRfish-cnltural
tbo 1011
^le batching and propagation of shad tfcion or near
e seadpast in the State o f Georgia; to the Committee on

* isheridi.

\

A bijf (g 4646) f or the relief of the estate ofiEpenetus
/deceased;
A baj (g. 4647) for the relief o f heirs or estate oRThomas
^ a. e|Vdeceased; and
t
A lnl] (g, 4648) for the relief o f Martin Ball, heir o f Stephen
“ ail,/deceased; to the Committee on Claims.
A .bill (g. 4649) granting a pension to Perry M. De Leon; to
e Committee on Pensions.




1061

By Mr. O’GORMAN:
A bill (S. 4650) granting an increase of pension to Will
H. H all; to the Committee on Pensions.
By Mr. SW ANSON:
A bill (S- 4651) to amend section 171 o f the penal Wws of
the United States, approved March 4, 3909; to the Ccpimittee
on the Judiciary.
A bill (Si 4052) for the relief o f certain Confederate officers
for improper and illegal injuries inflicted; to the Committee on
Claims.
A bill (S. 4653) to authorize the extension 0 Fourteenth
Street and Ain ska Avenue, N W .; to the Commiijbe on the Dis­
trict o f Columbia,
#
By Mr. SMITH o f South Carolina:
jf
A bill (S. 4654) t,o regulate contracts for jjne future delivery
o f cotton; to the Committee on Agriculture,>hnd Forestry.
By Mr. GALLINGER :
use o f a site and the
A bill (S. 4605) to ptpvide for the _
ranklin, in the State
erection o f a public building thereon a
Public Buildings and
o f New Hampshire; to tfltt Committee,
Grounds.
\
By Mr. O L IV E R :
se o f pension to George R.
A bill (S. 4656) granting a
rs) ; to the Committee on
Griffith (with accompanying
Pensions.
By Mr. PO IN D E XTE R :
A hill (S. 4657) granting ai: ncre&se o f pension to Nancy A.
Searls;
A bill (S. 4658) grantingjffn increase^pf pension to William
H. Johnson ; and
A bill (S. 4659) granting an increase of jfiension to Oliver D.
Browning; to the Committee on Pensions.
k,
A bill (S. 4060) for the relief o f L. H. Phipps; to the Com­
mittee on Claims.
/
By Mr. THORNTON
1
A bill (S. 4661) f&r the relief of the estate o f T. B. Cowan
and others; to the Committee on Claims.
Vx
By Mr. H B Y B U J N :
A bill (S. 4602) for the relief o f Charles Richter ( uH(h ac­
companying papefs) ; to the Committee on Military A ffair^
By Mr. JONEfl :
\
A bill (S. 4663) to authorize and empower the Secretary o f
War to locate a right of way for, and to grant the same, and
the right to operate and maintain a line o f railroad, telephone,
telegraph and electric-transmission lines through Vancouver Bar­
racks andiMilitnry Reservation, in the State of Washington, to
Washinspn-Oregon Corporation, its successors and assigns; to
the Coiainittee on Military Affairs.
A bJH (S. 4664) granting a pension to Sarah A. W aite; and
A fell] IS. 4665) granting a pension to Maria L. Graves; to
the Committee on Pensions.
By Mr. DILLINGHAM:
eusion to George H.
A bill (S. 4666) granting an.
u; Cmnrriiftee on LV-nPierce ( with
sion
^ r jT M r . OWEN:
A bill (S. 4667) granting an increase o f pension to Ellis C.
Howe; to the Committee on Pensions.
A bill (S. 4668) for the relief o f the Wichita and affiliated
bands of Indians; to the Committee on Indian Affairs.
A bill (S. 4669) for the relief of S. V . Fenton; to the Com­
mittee on Claims.
By Mr, TILLM A N :
A bill '< 4670) for the relief of'M rs. Thomas G. Prioleau
b.
and
heirs at law of Thomas G. Prioleau, deceased; to
the ("Vinmun^toeii Clninis.
By Mr. TAG 17*%*.
A bill (S. 4673)
an increase of pensim ^fd Roswell
Bradley (with aecomnarrafeifcxi>apers) ; to thcJ^mMTnttee on Pen­
sions.
W
By Mr. PENROSE:
^ G e rtru d e Brown (with
A bill (S. 4672) granting a pe:
accompanying papers) ;
A bill (S. 4673) grantupktfn increa .
^pension to Peter
Brnner (with accompaiia|J^ioapers) ; and
A bill (S. 4674) granting a pension to W illilVsi^. Rogers; to
the Committee oq-Pensions.
By Mr. G U G «?N H E IM :
A bill (&c^R»75) for the relief of George W. Brown
accompaqjdhg papers) ; to the Committee on Military Affairs?
..^INTERNATIONAL EXPOSITION AT GHENT, BELGIUM.

Mr. CULLOM submitted an amendment proposing to appro­
priate $25,000 to enable the United States to participate in an
international exposition to be held at Ghent, Belgium, from

C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.

1062

J anuary is

under Article I of this treaty, that question shall
the
April to October, 1913, etc., intended to be proposed by him to joint high commission of inquiry; and if all or all be submitted toconi
but one of the
the diplomatic and consular appropriation bill, which was re­ mission agree and report that sucli difference is within the scope of
ferred to the Committee on Foreign Relations and ordered to Article I, it shall be referred to arbitration in accordance with the
provisions of this treaty.’
ej ,
be printed.
“ To this clause the Senate withholds its approval.
Jr
AGRICULTURAL EXTENSION DEPARTMENTS.

On motion of Mr. Smith of Georgia, it was
O r d e r e d , That 1,000 copies of the bill (S. 45G3) to establish agricultural extension departments in connection with the agricultural colleges in the several States receiving benefits of an act of Congress ap­
proved July 2, 1862, and of acts supplementary thereto, be printed for
the use of the Senate.

RURAL DELIVERY ROADS.

Mr. SIMMONS. On June 21, 1911, I introduced a bill (S.
2840) for experimental improvement of rural delivery roads by
the Secretary of Agriculture in cooperation with the Postmaster
General, for investigating the subject of Federal registration
and license of automobiles used in interstate travel, and for
other purposes, and asked that it lie on the table. I now ask
that that bill be referred to the Committee on Agriculture and
Forestry.
The VICE PRESIDENT. Without objection, the bill will be
referred to the Committee on Agriculture and Forestry,

“ R e s o l v e d f u r t h e r , That the Senate advises and consents to the
fication of the said treaty with the understanding, to be m
ade a pau^f
such ratification, that the treaty does not authorize the submission to
arbitration of any question which depends upon or involves thrfmain
tenance of the traditional attitude of the United States co^rcernin»
American questions or other purely governmental policy.
£
a
■ “ R e s o l v e d f u r t h e r , That the Senate advises and consents JR the rati
fication of said treaty with the understanding, to be madp a part of
such ratification, that the American members of any joint jnigh commis1
sion of inquiry provided for in said treaty shall be aM
rointed by the
President, subject to the advice and consent of the Senate.”

Mr. McCUMBER. Mr. President, inasmuckr as any uncer­
tainty as to proper construction of these treaties can easily [)e
cured, either by an amendment in the bodyrof the instruments
themselves or in the resolutions adopting/them, we might well
relieve ourselves of all effort to maintqjff our particular views
of the construction that ought to be ajrcorded to them; and if
there were no other reasons compelling a further discussion of
construction I certainly should nor ask the attention of the
Senate to any further argument a#hg that line.
ADJOURNMENT TO MONDAY.
But when, on the floor of PSPs Senate, it has been openly
Mr. GALLINGEIt. I move that when the Senate adjourns charged that the President of t^ie United States has with studied
to-day it be to meet on Monday next.
purpose attempted to deprive the Senate of its constitutional
The motion was agreed to.
power as a part of the treaty-making body and to transfer itj
functions to a commission when he has been accused of im’
GENERAL ARBITRATION TREATIES.
Mr. LODGE. I move that the Senate proceed to the consid­ pliedly, at least, attempting to avoid the Constitution which he
eration of the arbitration treaties with Great Britain and has sworn to support,jp feel it is the moral duty of Those who
deny that any such instruction should be given to those pro­
France as in open executive session.
posed treaties to mg£e public in the same tribunal their earnest,
Mr. HITCHCOCK. Mr. President-----The VICE PRESIDENT. Will the Senator from Massachu­ dissent from those-charges.
I have sometimes differed greatly with the President of the
setts withhold his motion?
United States jjft questions of internal policy, but no man can
Mr. LODGE. For What purpose?
Mr. HITCHCOCK. I ask unanimous consent for the present ever justly (dgjfllenge his sincerity of purpose, ids uniform can­
dor, or his i&votion to the Constitution and the people of tins
consideration of-----Mr. LODGE. I do not think, in justice to the Senator from country. J:
The Resident declares that there is no purpose in these
North Dakota, who has given notice of a speech, that I can
yield for the passage of bills. I do not think I ought to do it. treatiesgfo limit or curtail the constitutional power of the Sen­
The VICE PRESIDENT. The Senator from Massachusetts ate. JMie Secretary of State so declares; and, Mr. President"
insists on his motion that the Senate proceed to the considera­ the treaties themselves negative such purpose and can only
made to support it by a process of reasoning which shall violate
tion of executive business as in open session.
the three fundamental rules of construction—first, that every'
The motion was agreed to.
provision should be given effect; second, that every provision
Mr. McCUMBER obtained the floor.
Mr. SMITH of Georgia. I desire to present an amendments^'should be made harmonious; and third, that each provision
to one of the resolutions of ratification, and I send it to th # should be considered with reference to the object sought to be
attained and the usages and customs pertaining to it.
desk.
0I was not present at the committee meeting when the major­
The VICE PRESIDENT. Without objection, the amendidfent
will be printed. Does the Senator from Georgia wish to^iave ity report presented by the Senator from Massachusetts [Mr
L odge] was adopted. I am not therefore informed as to whether
it referred or lie on the table?
ip
it represents the views merely of a majority of those who were
Mr. SMITH of Georgia. Let it lie on the table.
present at that meeting or whether it has back of it the numeri­
The VICE PRESIDENT. The amendment will lie on the
cal majority of the entire committee. But I am certain that it
table and be printed.
4?
Mr. SMITH of Georgia. I ask that the amendment I offered can not be sustained without violating these fundamental rules
of construction; that to sustain it we can not give effect to each
be read. It is short.
The VICE PRESIDENT. Does the Senator f|i5m North Da­ and every provision; that to sustain it we are compelled* to
leave certain provisions inharmonious and in conflict; that to
kota yield for that purpose?
JF
sustain it we must obliterate from our minds the prime purpose
Mr. McCUMBER. Certainly.
of section 2 and the customary method of bringing international
Mr. SMITH of Georgia. It relates to theMuse subject.
questions before the treaty-making body.
Mr. GALLINGER. It ought to be read, f "
The VICE PRESIDENT. The Secret?! ry will read the
Mr. President, the members of the Committee on Foreign Re­
amendment.
.0
lations are, I believe, unanimous in their desire to provide for
The Secretary read as follows:
f
the settlement by an arbitral tribunal of every international
Proposed amendment to the resolution of Jatilication presented by Mr. difference that may arise not affecting the honor, independence
R oot August 21, #911.
vital interest, or traditional attitude of any country upon ques­
Amend the first paragraph of said resolution by adding to the same tions which it deems essential to its national safety.
the following:
..t
The only difference that has arisen in the committee is one
With tlio exception of the last cl$C in Article III, which reads as
i'sc
follows :
of construction of the arbitration agreements submitted. Everv
“ ‘ It is further agreed, however.iithat in cases in which the parties
disagree as to whether or not ^'-difference is subject to arbitration member of the committee, as well as every Member of the
under Article I of this treaty, tjjflt question shall be submitted to the Senate, must agree that the Senate, as a part of the tree tv­
joint high commission of in vy& y; and if all or all but one of the making power of the Government, can not in law, and ought
q p
mem
bers of the commission agffee and report that such difference is
within the scope of Article ¥ . it shall be referred to arbitration in not in policy, surrender its constitutional right to assent ^to
modify, or reject any agreement of a treaty character sub­
accordance with the provisions of this treaty.’
“ To this clause the Senqifc withholds its approval.”
mitted to it, or its right to insist that every such agreement
Also amend said resolution by adding at the close of the same the shall be submitted for its action.
following :
“ R e s o l v e d f u r t h e r , Tliaft the Senate advises and consents to the rati­
If it can be established beyond reasonable cavil that these
fication of said treaty JiV the understanding, to be made a part of treaties (io not purpose to deprive the Senate of its full constiith
™ties
such ratification, thati-'the American members of any joint high com­
ional
mission of inquiry provided for in said treaty shall be appointed by the tution power as a part of the treaty-making machinery of the
President, subject textile advice and consent of the Senate.”
Gov
vernment, that its constitutional authority is in no way
So that said resolution, when amended, will read as follows:
threatened or impaired, then the only question is the broad
“ R e s o l v e d ( t w a f th i r d s o f th e S e n a t o r s p r e s e n t c o n c u r r in g t h e r e i n ) ,
That the Senate? advise and consent to the ratification of the treaty one, Does the Senate of the United States desire to take this
between the United States and Great Britain respecting arbitration, great and advanced step looking toward universal peace, the
signed at Washington on the 3d day of August, 1911, with the excep­ abolition of the horrors and devastations of war, and the re­
tion of the Wst clause in Article III, which reads as follows:
“ ‘ It is ffirther agreed, however, that in cases in w
’liich the parties moval of the onerous burden of maintaining vast armies and
disagree as to whether or not a difference is subject to arbitration navies which are to-day sapping the very life of nations and




1912.




CONGRESSIONAL RECORD— SENATE.

1159

CONGRESSIONAL RECORD— SENATE

1160

He also presented a memorial of members of tlie Commercial
Club of Owen, Wis., and a memorial of sundry business firms
of Racine, Wis., remonstrating against the extension of the
parcel-post system beyond its present limitations, which were
T
referred to the Committee on Post Offices and Tost Roads.
Pie also, presented a petition of the General Merchants’ Asso­
ciation of^South Milwaukee, Wis., praying for the repeal of the
oleomargarine law, which was referred to the Committee on
Agriculture*.and Forestry.
Pie also presented petitions of members of the Woman’s Club
of Monroe;
the First Unitarian Society of Madison; of the
Woman's Literary Club of Evansville; and of sundry members
of the Northwestern Branch of the National Home for Disabled
Volunteer Solfliers, all in the State of Wisconsin, praying for
the ratification of the proposed treaties of arbitration between
the United States, Great Britain, and France, which were
ordered to lie oh the table.
He also presented a petition of members of Company A,
Third Infantry, ^Wisconsin National Guard, of Neillsville, Wis.,
praying for the enactment of legislation to regulate the pay of
the Organized Militia, which was referred to the Committee on
Military Affairs. He also presented a petition of members of the Wisconsin
State Federation < f Labor, residents of Milwaukee, Wis., pray­
^
ing for the passage of the so-called old-age pension bill, which
was referred to the/Committee on Pensions.
He also presented a petition of J. E. Perkins Post, No. 98,
Grand Army of the Republic, Department of Wisconsin, of
Augusta, Wis., prayiqg for the passage of the so-callbd dollar-aday pension bill, which /w as referred to the Committee on
Pensions.
/
He also presented a "petition of the Common Council of Mani­
towoc, Wis., praying that the Government in the future regu­
late and control the improvement of the Manitowoc River in
that State, which was referred to the Committee on Commerce.
He also presented a’ petition of members of the Commercial
Club of Mineral Point, Wis., praying that an appropriation be
made for the erection of a public building in that city, which
was referred to the Committee on Public Buildings and Grounds.
Mr. BOURNE. I present some papers and ask that they be
referred to the Committee on Pensions for consideration in
connection with Senate bill S. 3330, granting a pension to Harry
Col pus.
|
l
/
The VICE PRESIDENT. Without objection, the papers wil]
be so referred.
|
CAKE OF INDIGENT SICK IN TIIE DISTRICT OF COLUMBIA.

Mr. GALLINGfER presented the views of Gen. George M
Sternberg, president of the board of directors of the Garfield
Memorial Hospital, relative to the care of indigent sick.in the
District of Colombia, which wetfe referred to the Committee or
the District of/Columbia.
i

reports

of

Co m m it t e e s .

Mr. GALl I n GER, from the Committee on the District of
Columbia, tor which was referred; the bill (S. 3813) to require
all street railroad companies in\the District of Columbia to
issue free transfers, interchangeable from the lines of one conn
pany to those of another, and fo£ other purposes, reported if
with amendments and submitted a\report (No. 213) thereon, ?
He alsdf from the same committed, to which was referred the
bill (S. £160) to require all street; railroad companies in the
District* of Columbia to issue free'* transfers, interchangeable
from tlifc lines of one company to tlio$e of another, and for other
purposes, submitted an adverse report (No. 214) thereon, which
w as agreed to, and the bill was postponed indefinitely.
T
Mr, GAMBLE, from the Committee on Indian Affairs, to,’
which was referred the bill (S. 108) to authorize the sale and
disposition of the surplus and unallotted lands in the Cheyennd
River Indian Reservation, in the State of South Dakota, and
mailing appropriation and provision to carry the same into
effect, reported it without amendment and submitted a report
(No. 216) thereon.
He also, from the same committee, to which was referred the
bill (S. 109) to authorize the sale and; disposition of the sur­
plus and unallotted lands in the Standing Rock Indian Reserva­
tion, in the States of South Dakota and North Dakota, and
making appropriation and provision to carry the same into
effect, reported it with an amendment and submitted a report
(No. 217) thereon.
Mr. CLARKE of Arkansas, from the Committee on Military
Affairs, to which was referred the Ltll (S. 2269) to correct the
military record of Jeremiah Morgan, submitted an adverse
report (No. 218) thereon, which was agreed to, and the bill
was postponed indefinitely.



J anu ar y 22,

Mr. OWEN, from the Committee on Indian Affairs, to which
were referred the following bills, reported them each with an
amendment and submitted reports thereon/
S. 461. A bill conferring jurisdiction oiythe Court of Claims
to hear, determine, and render judgment-in claims of the Ponca
Tribe of Indians against the United States (Rept. No. 219) ; and
S. 2848. A bill authorizing the salq/of certain lands to the
Dwight Mission School on Sallisaw Cyeek, Okla. (Rept. No. 220).
Mr. BRANDEGEE, from the Couhnittee on the Judiciary, to
■which was referred the bill (S. ^179) to amend section 73 of
T
chapter 5 of the act entitled j*An act to codify, revise, and
amend the latvs relating to tjjZ judiciary,” approved March 3,
1911, reported it without amendment and submitted a report
(No. 221) thereon.
/
Mr. CRAWFORD, from the Committee on Claims, to which
was referred the bill (S / 3241) for the relief of Harry T. Her­
ring, asked to be discharged from its further consideration and
that it be referred to*-the Committee on Military Affairs, which
was agreed to.
/
Mr. DIXON, from the,Committee on Military Affairs, to which
was referred tlie/bill (S. 69) for the relief of William O. Mallahan, reported it with an amendment and submitted a report
(No. 223) thereon.
Oregon /A v e n u e , c it y of W a s h i n g t o n ( r e p t . n o . 2 2 2 ).

Mr. GALLINGER. On the 13th of December last the Senator
from Georgia [Mr. B a c o n ] introduced a resolution (S. Res. 165)
which was passed by the Senate ai^d came to the Committee on
the District of Columbia instructing ,that committee “ to inquire
and report to the Senate what authority of law, if any, exists
under which the Commissioners of the District of Columbia have
undertaken to change the name of the street in the city of
Washington heretofore known as Oregon Avenue and to make
in said report such recommendation as may be deemed proper
in regard thereto.”
*
\
The Committee on the District of Colombia have made a
careful inquiry into this matter, and I submit the result of that
inquiry in the shape of a wwitten report, which I ask to have
printed and lie on the table.
The VICE PRESIDENT. The report will be printed and lie
on the table.
COAL AND ASPHALT LANDS IN OKLAHOMA.

Mr. OWEN. From the Committee on Indian Affairs I report
back favorably, with an amendment in the nature of a substitute,
the bill (II. R. 14055) to provide for the sale of the surface of
the segregated coal and asphalt lands of the Choctaw and Chick­
asaw Nations, and for other purposes, and I submit a report
(No. 215) thereon. It is proposed to amend the House bill by
striking out all after the enacting clause and to substitute Sen­
ate bill 2S31, with certain changes desired by the department.
I ask unanimous consent for its present consideration.
The VICE PRESIDENT. The Senator from Oklahoma asks
unanimous consent for the present consideration of the bill now
reported by him. It will be read for the information of the
Senate.
*
The S e c r e t a r y . The committee amendment proposes to strike
out all the text of the House bill after the enacting clause and
in lieu to substitute the following:
That the value of the coal and asphalt lands of the Choctaw and
Chickasaw Nations in the State of Oklahoma, segregated and reserved
by order of the Secretary of the Interior dated March 24, 1003, under
paragraph 58 of the act of Congress approved July 1, 1902, whether
leased or unleased, shall he ascertained and appraised under such rules
and regulations as may be prescribed by the Secretary of the Interior
and approved by the President. Said appraisal of the segregated coal
and asphalt lands shall be made by a board of three appraisers to be
appointed by the Secretary of the Interior and whose appointment shall
be approved by the President. Said appraisers shall be paid such com­
pensation as the Secretary of the Interior may direct, which shall not
exceed $ 2 0 per day and necessary expenses, but not to exceed $ 2 , 0 0 0 to
each of such commissioners for the completion of the work. Said ap­
praisers shall return to the Secretary of the Interior a report, sworn to
by them, setting forth the value of the lands so appraised, and in
making said appraisal the surface shall be classified as for farming and
grazing purposes in such Government areas as were prescribed by the
Government survey for allotment purposes, and in such ascertainment
the value of the surface and the value of the mineral rights shall be
separately found and returned. Such classification shall also show the
quality and value of each such tract, and where a tract has improve­
ments thereon belonging to the Choctaw and Chickasaw Nations, the
value of the land and the improvements, not including property used
for mining purposes, shall be separately ascertained, and the value of
the land shall be fixed by said appraisers at the price a fee-simple title
to the same would bring in the market at the time the valuation is
made, and the value of any improvements thereon belonging to the
Choctaw and Chickasaw Nations, except such improvements as have
been placed thereon for mining purposes, shall be taken into considera­
tion ; and all such appraisals and classifications shall be subject to the
approval of the President. The coal and asphalt deposits shall be ap­
praised separately from the surface, according to the tracts used by the
United States Geological Survey, as found in Senate Document No. 390
Sixty-first Congress, second session. In the making of said appraise^
ment the surface of said lands shall be first appraised, and at as early
a date as practicable, to the end that the said surface may be immedi-

1912.

CONGRESSIONAL RECORD— SENATE.

ately sold, as provided herein, and said appraisements shall become
effective when approved by the Secretary of the Interior. The surface
herein referred to shall include the entire estate save the coal and
asphalt reserved. In the proceedings and deliberations of said apprais­
ers, in the process of said appraisement, and in the approval thereof,
the Choctaw and Chickasaw Nations may present for consideration facts,
figures, and arguments hearing upon the value of said property.
Sec. 2. That the Secretary of the Interior shall designate and reserve
from sale such tract or tracts as he may deem proper and necessary
to embrace improvements actually used in present mining operations or
necessary for such future operations as will render said coal and
asphalt deposits available, and thereafter, under rules and regulations
to he approved by the President, after three months’ public notice, shall
sell the surface of said lands by sealed bids at not less than the ap­
praised value and upon such terms as shall be fixed by the regulations
above provided for. In selling the surface there shall not he sold and
deeds shall not be issued to any one person for more than 160 acres of1
agricultural land, and there shall not be sold nor shall deeds be issued
to any one person for more than 640 acres of grazing land : P r o v i d e d ,
That where said lands are located so as to render the sale of smaller
tracts desirable, the Secretary of the Interior may order the sale of the
same in such smaller sized tracts as he may determine : P r o v id e d fu r ­
th e r , That the surface of all such lands as are not under mining lease
a.t the date of the approval of this act shall he sold, subject to the
right of the United States and of the Choctaw and Chickasaw Nations
or of the licensee or lessee of the mineral right in said land to prospect
for coal and asphalt thereon and mine thereunder, and to acquire such
portion of the surface of any tract or the use thereof as may be reason­
ably necessary for the conduct of mining operations. And as to the
sale of the surface of lands under valid mining lease at the date of
the passage of this act, the same shall he sold subject to the rights of
the lessees of said land to mine thereunder in accordance with the pro­
visions of this act and of the rules and regulations of the Interior De­
partment governing the same. The proceeds of the sale herein provided
for shall be deposited in the Treasury of the United States with other
funds of said nations.
3
The Secretary of the Interior is authorized to sell, at not less than
the appraised value, to the McAlester Country Club, of McAlester,*
Okla., the surface of not to exceed 160 acres in section 17, township5 north, range 15 east. The mineral underlying the surface of thes
lands condemned for the State penitentiary at McAlester, Okla., under*
the Indian appropriation act approved March 3, 1909, shall be subjectto condemnation under the laws of the State of Oklahoma for State
penitentiary purposes.
If, after due investigation by the mining trustees of the Choctaw
and Chickasaw Nations and the three appraisers herein provided for
or by a majority of the said trustees and appraisers, it shall appear to
said officials, by reason of the character of the soil or the depth or
thinness of the veins of coal or asphalt in any tract, that such tract or
tracts could not be profitably mined for coal or asphalt and could
more advantageously disposed of by selling the surface and the coal and
asphalt together, such tract or tracts may be sold in that manner, ih
the discretion of the Secretary of the Interior, and patents issued for
said lands, as provided by existing laws : P r o v id e d , That this secticfc

1161

The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The amendment was ordered to be engrossed and the hill to
be read a third time.
J
The bill was read the third time and passed.
----- J O l & ’i> ft E S O r W T T O N S INTROTSTJCKfi.

Bills and joint resolutions were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as fo llo w s:
By Mr. CULLOM:
A bill (S. 4G76) granting an increase of pension to Edward II.
Casee;
A bill (S. 4677) granting an increase o f pension to Daniel W.
Coan (with accompanying paper) ; and
/ bill (S. 4678) granting an increase of pension to Rachel T.
Beck (with accompanying papers) ; to the Committee on Pen­
sions.
By Mr. GALLINGER:
A bill (S. 4679) to amend section 95 o f the “ act to codify,
revise, and amend the laws relating to the judiciary,” approved
March 3, 1911 (with accompanying papers) ; to the Committee
on the Judiciary.
By Mr. GAM BLE:
A bill (S. 46S0) for the relief of Patrick Lyons; to the Com­
mittee on Indian Affairs.
B y Mr. D IL L IN G H A M :

A bill (S. 4681) to authorize and require an extension of
the street railway lines of the Washington Railway & Electric
C o.; to authorize a change in the permanent system of highway
plans; to provide for the condemnation of certain streets, and
for other purposes; to the Committee on the District of Co­
lumbia.
By Mr. DU PO N T :
A bill (S. 4682) granting a pension to David Moore;
A bill (S. 4683) granting an increase o f pension to Otlio
Lock (with accompanying papers) ; and
A bill (S. 4684) granting a pension to William C. White
(with accompanying papers) ; to the Committee on Pensions.
By Mr. STEPHENSON:
A hill (S. 4685) to correct the naval record of Micheal Philb in ; to the Committee on Naval Affairs.
A bill (S. 4686) granting an increase o f pension to Thomas
coal and asphalt deposits; but before the United States, the Chocta$v
and Chickasaw Nations, or any lessee or licensee of the mineral rights B utler;
shall be permitted to enter upon any of said lands for the purpose df
A bill (S. 4687) granting an increase of pension to Matthew
prospecting or conducting any mining operations such lessee or licensee
or the United States or the Choctaw or Chickasaw Nations, as the case J. M cRaith;
A bill (S. 4688) granting an increase of pension to Joseph
toay be, I f the surface of such licensed area has been sold, shall by
agreement with the owner of such surface determine the amount of such Ehnore (with accompanying papers) ;
surface necessary to be used for such operations and the compensatioh
A bill (S. 4689) granting an increase o f pension to George
to be paid by the United States, the Choctaw and Chickasaw Nation?,
or any lessee or licensee thereof. In the event that the owner of the Pliinney (with accompanying papers) ;
surface and the United States or the Choctaw and Chickasaw Nation^
A bill (S. 4690) granting an increase o f pension to John
or the lessee or licensee, as the case may be. can not agree as to th§ Scherff (with accompanying papers) ;
amount of such surface necessary to be used for such operations or
A bill (S. 4691) granting an increase o f pension to Thomas
the compensation to be paid therefor, the said parties owning sai<|
mineral rights or the lessee or licensee thereof may file a petition in th i M. F. De Laney (with accompanying papers) ; and
district court of the United States having jurisdiction within the disj
A bill (S. 4692) granting an increase of pension to W. A.
trict within which the said area is situated to determine the portion off
said surface necessary to be used in said operations and the compenj Owens (with accompanying papers) ; to the Committee on
sation to be paid therefor, which amount when so determined shall bei Pensions.
t
*
Paid as a condition precedent to the acquirement of any rights to th<|
By Mr. B R IS T O W :
use of any portion of said surface : P r o v id e d , That if any portion off
A bill (S. 4693) for the relief of R. W. Branson; to the Com­
the surface of any area upon which a license or lease has been issued-;
has not been sold, the Secretary of the Interior shall determine the mittee on Claims.
amount of such surface necessary to be used for prospecting and other'
A bill (S. 4694) granting an increase of pension to Wesley C.
operations, together with the value thereof, which amount shall be paid;,
by the licensee or lessee into the Treasury to the credit of said Choctaw- Harvey; to the Committee on Pensions.
and Chickasaw Nations.
I
By Mr. M cLEAN :
, , 8 ec . 4. All sales of the surface of said lands shall be upon the fur-j
A bill (S. 4695) for the relief o f Charles J. Fuller ; to the
t ier condition that the said nations, their lessees, assigns, or successors,*
shall not be liable for any claim cr damages from subsidence of the sur-? Committee on ©aims.
A bill (S. 4606) granting an increase o f pension to George A.
races, caused by the removal of the coal or asphalt deposits.
4
Sec. 5 . That the Secretary of the Interior is hereby authorized to| Linda] 1 (with accompanying papers) ; to the Committee on
perform or cause to be performed any and all acts and to make such*
\
rub's and regulations as he may deem necessary and proper for the | Pensions.
By Mr. L IP PIT T :
Purpose of carrying into effect the provisions of this a c t: P ro v id ed ,
i hat the deeds of conveyance hereunder shall be executed under tue
A bill (S. 4697) granting an increase of pension to ChrjsProvisions of chapter 317, laws of 189S, approved .Tune 28, 1898, and ropher H. Alexander;
the acts amendatory thereof; and the said deeds o f conveyance shall
A bill (S. 469S) granting an increase of pension to Albert
contain proper reservation of the mineral rights^ in said land and ol
the right to enter thereon for prospecting and mining purposes and to Greene;
acquire sufficient of said surface or the use thereof so as to render said
A hill (S. 4699) granting an increase of pension to Mary
reserved coal and asphalt readily available.
. .
. .
Sec. 6 . That for the mirprse of carrying out the provisions of this Clark; and
»ct Hie Secretary of the Interior is authorized to use such portion of
A hill s 4700) granting an increase of pension to Theresia
.
the funds of said nations now on deposit in the Treasury of the United M eyer; to the Committee on Pensions.
States as may be found necessary, and lie shall for the purpese hereof
By Mr. NELSON:
establish and maintain, until the matters herein provided for are dis­
posed of, a land office at McAlester within said segregated distiict.
A hill (S. 4701) granting an increase o f pension to Reason R.
The VICE PRESIDENT. Is there objection to the present ^Henderson (with accompanying paper) ; to the Committee on
'Pensions.
consideration of the bill?
_
...
.
By Mr. B R A D L E Y :
There being no objection, tlio Senate, as in Coinnnttee of the
A bill (S. 4702) granting an increase o f pension to Joseph B.
y hole, proceeded to consider the hill.
The VICE PRESIDENT. The question is on agreeing to the Harris (with accompanying papers) ; to the Committee on
iPensions.
amendment reported by the committee, which has been read.



1 1 62

-

CONGRESSIONAL RECORD— SENATE.

By Mr. WATSON:
A bill (S. 4703) granting an increase of pension to Henry
Thomas; and
A bill (8. 4704) granting a pension to Margaret It. Birchfield (With accompanying papers) ; to the Committee on Pen­
sions.
By Mr, TAYLOR:
A bill (S. 4705) directing computation of longevity pay to re­
tired Army officers (with accompanying paper) ; to the Commit­
tee on Military Affairs.
A bill (S. 4706) granting a pension to Adam Diehl; to the
Committee on Pensions.
By Mr. KERN:
A bill (S. 4707) for the relief of William Schindler; and
A bill (S. 4708) for the relief of Madison A. Thomas (with
accompanying papers) ; to the Committee on Military Affairs.
A bill (S. 4709) granting an increase of pension,, to James
Roberts (with accompanying papers) ;
A bill (S. 4710) granting a pension to Rose E. Um^ioltz (with
accompanying papers) ;
A bill (S. 4711) granting a pension to Charles W. Purvis
(with accompanying papers) ; and
A bill (S. 4712) granting a pension to Charles.Dilden (with
accompanying papers) ; to the Committee on Pensions.
By Mr. POMERENE:
A bill (S. 4713) relating to bills of lading in commerce with
foreign nations and among the several States; to the Committee
on Interstate Commerce.
By Mr. MARTINE of New Jersey:
A bill (S. 4714) for the relief of Martha E. Conklin (with ac­
companying paper) ; to the Committee on Claims.
By Mr. JOHNSON of Maine:
A bill (S. 4715) granting an increase of pension to Sarah A.
Haskell (with accompanying papers) ;
A bill (S. 4716) granting an increase of pension to William
H. Hunt (with accompanying paper) ;
A bill (S. 4717) granting an increase of pension to James
Dillon (with accompanying papers) ;
A bill (S. 4718) granting a pension to Henry M. Libby;
A bill (S. 4719) granting an increase of pension to Philinda
Lewis (with accompanying papers) ;
A bill (S. 4720) granting an increase of pension to Alexander
A. Richardson (with accompanying paper) ;
A bill (S. 4721) granting an increase of pension to Darius S.
Sanborn (with accompanying papers) ;
A bill (S. 4722) granting an increase of pension to John M.
Mower (with accompanying papers) ; and
A bill (S. 4723) granting a pension to Eva M. Roberts (with
accompanying papers) ; to the Committee on Pensions.
By Mr. BANKHEAD:
/
A bill (S. 4724) for the relief of heirs or estate of Moses
Camak, deceased (with acconjbanying paper) ;
A bill (S. 4725) for the relief of heirs or estate of Isaac Stin­
nett, deceased (with accompanying paper) ; and
A bill (S. 4726) for thjf relief of heirs or estate of John
T Brown, deceased (with' accompanying paper) ; to the Com­
J.
mittee on Claims.
/
By Mr. BURTON:
/
A bill (S. 4727) to amend section 8 of an act entitled “An
act for preventing the /nanufacture, sale, or transportation of
adulterated or misbranded or poisonous or deleterious foods,
drugs, medicines, and /iquors, and for regulating traffic therein,
and for other purposes,” approved June 30, 1906; to the Com­
mittee on Manufactures.
A bill (S. 4728)/t o authorize the change of name of the
steamer Salt Lake /City; to the Committee on Commerce.
A bill (S. 4729) /granting an increase of pension to Abraham
Smock;
/
A bill (S. 473(>) granting a pension to Izora E. Dwlre (with
accompanying p/per) ; and
A bill (S. 4731) granting a pension to Lucy West | to the
Committee on Pensions.
By Mr. HITCHCOCK:
A bill (S. 4732) to authorize the Secretary of the Treasury
to abate, remit, or refund certain internal-revenue taxes and
penalties levied against or incurred by hospitals; to the:Com­
mittee on Finance.
By Mr. CLAPP:
(By request.) A bill (S. 4733) for the relief of the estate
of Israel Folsom; and
A bill ('S. 4734) for the relief of Mary G. Brown and others;
to the Committee on Indians Affairs,
A bill (S. 4735) granting an increase of pension to Anthony
Barrett (with accompanying papers); to the Committee on
Pensions.



J a n u ar y 22,

By Mr. CLAPP (for Mr. K enyon ) :
A bill (S. 4736) granting an increase of pension to David
Curfman; and
A bill (S. 4737) granting an increase of pension to David
Cleaver; to the Committee on Pensions.
By Mr. PAGE:
A bill (S. 4738) granting an increase of pension to Franklin
E. Sawyer (with accompanying papers) ; to the Committee on
Pensions.
By Mr. BROWN:
A bill (S. 4739) granting a pension to Joseph K. Laflin; and
A bill (S. 4740) granting a pension to Caroline L. Johnson
(with accompanying papers); to the Committee on Pensions.
By Mr. CHILTON:
A bill (S. 4741) granting an increase of pension to John S
H all;
A bill (S. 4742) granting a pension to Samuel O. Johnson;
A bill (S. 4743) granting an increase of pension to .George
A. Porterfield; and
A bill (S. 4744) granting a pension to John A. Harden; to the
Committee on Pensions.
By Mr. BOURNE:
A bill (S. 4*745) to consolidate certain forest lands in the
Paulina (Oreg.) National Forest; to the Committee on Public
Lands.
By Mr. STEPHENSON:
A bill (S. 4746) granting a pension to Ora Belle Sberman
(with accompanying papers) ; to the Committee on Pensions.
By Mr. NELSON:
A joint resolution (S. J. Res. 69) authorizing the licensing
and employment of Otto Neumann Sverdrup as master of ves­
sels of the United States; to the Committee on Commerce.
By Mr. GORE:
A joint resolution (S. J. Res. 70) providing for a joint com­
mittee of the twro Houses of Congress to investigate the pres­
idential campaign funds of 1904 and other presidential cam­
paign funds, and for other purposes; to the Committee on
Privileges and Elections.
LANBS IN PETTIS COUNTY, MO.

On motion of Mr. S tone , it was
Ordered, That leave be granted to withdraw from the files of the
Senate the papers in the case of the bill (S. 6059) to remove cloud
from the title of the southeast quarter of the northeast quarter of
section 23, township 47, range 23 west of the fifth principal meridian,
except 10 acres off of the north .side thereof, in Pettis County, Mo.,
and to release the title of the United States therein to George It.
Shelley, his heirs and assigns, there having been no adverse report
thereon.

ALTA . E. WILEY.

Mr. CULLOM. I ask unanimous consent for tbe present
consideration of Senate resolution 185.
There being no objection, the Senate proceeded to consider
Senate resolution 185,. which - had been reported from the
Committee to Audit and Control the Contingent Expenses of
the Senate, w ith an amendment in line 2, after the word
T
“ pay,” to insert “ out of the contingent fund of the Senate,”
so as to make the resolution read:,
R esolved , That the Secretary of the Senate be, and he hereby is
authorized and directed to pay, out of the contingent fund of the
Senate, to Alta E. Wiley, widow of Lemon H. Wiley, late fireman in
the Maltby Building, a sum equal to s)x months’ salary at the rate
he was receiving by law at the time of his death, said sum to be
considered as including funeral expensed and all other allowances.

The amendment was agreed to.
The resolution as amended was agreed to.
ANNA MATILDA JORGENSEN.

Mr. GALLINGER. Mr. President, immediately preceding
on the calendar the resolution which has just been passed is
one of similar nature, being Senate resolution No. 186, for the
present consideration of which I ask unanimous consent.
There being no objection, the Senate proceeded to consider
Senate resolution 186, which had been reported from the
Committee to Audit and Control the Contingent Expenses of
the Senate with an amendment in line 2, after ;the word “ pay,”
to insert “ out of the contingent fund of the Senate,” so as to
make the resolution read:
R esolved , That the Secretary of the Senate be, ahd he is herebv
authorized and directed to pay, out of the contingent fund of the
Senate, to Anna Matilda Jorgensen, widow of Joachim Christian Jorgen­
sen, late a skilled laborer in the United States Senate, a sum equal to
six months’ sjalary at the rate he was receiving by law at the time of
his death, said sum to be considered as including funeral expenses and
all other allowances.

The amendment was agreed to.
The resolution as amended was agreed to.
COMMITTEE ON NAVAL AFFAIRS.

Mr. GALLINGER. I move that the membership of the Com­
mittee on Naval Affairs be increased to the number of fifteen.
The motion was agreed to.

1912.

CONGRESSIONAL RECORD— SENATE.

1217

6 . How much has the Tobacco Trust contributed to Mr. Cortelyou?
Mr. HEYBURN. Mr. President7. How much has the Steel Trust contributed to Mr. Cortelyou?
Tlie VICE PRESIDENT. Does tlie Senator from Texas yield
8 . How much has the Insurance Trust contributed to Mr. Cortelv^sf'?
to the Senator from Idaho?
/
9. How much have the national banks contributed to Mr. Corttrf/ou?
10. How much have the six great railroads contributed to^Sifr. Cor­
Mr. CULBERSON. Yes.
telyou ?
Mr. HEYBURN. I am interested to flnow the Senator’s opin­
ion as t<j why we should start. He lids stated that there is a
There has been no authentic and satisfactory ajrslwer to these
point at which we must stop. Why should we start?
inquiries, and only within the past few weeks* after principals
Mr. CULBERSON. I am proceeding to tell the Senator, if and material witnesses have died, an effort "has been made to
he will bfl patient.
*
impair or destroy testimony on the suj^fect of the Harriman
Mr. HEYBURN. I will.
/
contribution o f $260,000, which was^sfiven the public through
Mr. CULBERSON. I repeat, Mr. President, that the limit the instrumentality and enterprise*^ great newspapers. This
was fixedAat 1904 particularly, because, scandalous as were attempt to unload the ob loqu v^ r this disgraceful transaction
other elections in this respect, thatfyear surpassed all others upon the dead, a transactioprwhich is said to have changed
in the audacity and indecency with \thich campaign funds were 50,000 votes in the city o£rNew York alone, may be significant
demanded a\id exacted. The chairman of the national Repub­ in several views. It im*y be the common and ordinary case of
lican committee that year held, in his official capacity as Secre­ malefactors waitinsmfbr the absconding or death of witnesses,
tary of Commerce and Labor, the secrets of corporations whose or it may presage^arpolitical movement o f national consequence
affairs co u ld b e investigated under a Federal law, a vantage and magnitude*
ground of poiyer which apparently was not neglected. It has
I am now^tfnly concerned, Mr. President, with the fact that
been estimated, as has been shown, that the enormous and un­ it e m p h a se s the propriety and necessity of a full, prompt, and
conscionable sum of $11,000,000 fl’as raised and probably ex­ officiaj^mquiry into the expenditures of 1904, that remedial
pended that year by the committed o f which he was chairman. legj^fiition may be adopted to further curtail and prohibit the
The very size %nd obesity of thijs fund, sir, if approximately
lue and corrupt use o f money in Federal elections.
cor’rect, smacks tof extortion, profligacy, and corruption. Whc^
L
PUBLIC PRINTING AND BINDING.
utributed
contributed it akd where did it som e from ? We know sonff^
The VICE PRESIDENT. The calendar is in order under
thing in answer ffo such an inquiry, but not all, and not enough
upon which to bafee legislation to prevent its repetition
le VIII.
Mr. SMOOT. I move that the Senate proceed to the consid­
Mr. GALLINGEit. Mr. Presi/ent-----The VICE PRESIDENT. Wfll the Senator from Texas yield, eration o f the bill (S. 4239) to amend, revise, and codify the
laws relating to the public printing and binding and the disto the Senator fron\ New Hampshire?
Mr. CULBERSON^ I yield.
nbution o f Government publications.
Mr. GALLINGERA I have foot had the privilege o f hearin
The VICE PRESIDENT. The question is on the motion of
all the Senator’s speech, but ft want to ask the Senator in all fhe Senator from Utah. [Putting the question.] The ayes
seriousness precisely Where 1* got his figures, that $11,000,000 vhave it.
was contributed to tin) fund in 1904?
X Mr. REED. Mr. President-----Mr. CULBERSON. W hile/the Senator was out o f the Cham­
- T l i r r r t E PRJTS^Y)J?^T; H5SS"tlIc•
-Senator from Utah yield
ber or not listening, Mr. President, I stated that these figures to the Senator from Missouri?
•
were published, first, so far/as I know, in the New York Times
Mr. SMOOT. Certainly
in April, 1900, and the;/ have since been reproduced and com­
Mr. REED. I understand that the motion is that we proceed
mended as probably trustworthy by the New York World.
to the consideration o f this bill.
/
Mr. GALLINGER. Hasl the Senator any information that
The VICE PRESIDENT. That is the motion.
/
would lead him to believfl/that those great newspapers got ac­
Mr. KERN. There is an amendment to it that I w ish /o offer.
curate information upon m at point? The Senator knows that
The VICE PRESIDENT. The question for the Se/ate first
the newspapers of this country are in the habit of magnifying to determine is whether it will proceed to the consideration of
pretty much everything max is printed in their columns.
the bill. The Chair has announced that the ayes ln^e it. Does
Mr. CULBERSON. I Stated that the New Y
rork Times, ac­ the Senator from Missouri desire a division or anything?
cording to my information, had special means o f knowing where­
Mr. REED. I desire to make a statement befyire the motion
of it spoke with reference to campaign contributions contributed is passed upon.
/
by the moneyed interests/of tfle country. •
The VICE PRESIDENT. The motion is notra debatable one.
Mr. GALLINGER. D ies the Senator think-----A motion to proceed to the consideration of Any bill is not de­
/
Mr. CULBERSON. If do not know whether the estimate is batable or amendable.
Mr. REED. Mr. President, it may not/be debatable, but I
correct, approximately iv e n ; but I have this inform ation: An
estimate by a reputable|iewspa|er of the United States, vouched desire to make this statement to the Senator from Utah.
The VICE PRESIDENT. The Senator can only make it by
for by another great jou rn a l; and, Mr. President, the purpose of
this resolution is to se|hre inforjmation to determine what other unanimous consent. Is there objection J' The Chair hears none,
laws ought to be passqfl and to determine how much money was and the Senator from Missouri will proceed.
Mr. REED. T have been very earnestly requested to do what
L904 and who did it.
in fact contributed
I could do to have a further hearingrupon this bill and to permit
Does not the Senator-----Mr. GALLINGER
The VICE PRESI CNT. Doef| the Senator from Texas yield certain interested parties to appeal before the committee. If
the purpose is merely to debate .the bill, I have no objection.
Hampsrkre?
to the Senator from
I f the purpose is to put the billion its passage, then I do want
Mr. CULBERSON Yes.
i
Mr. GALLINGER
I f the Senator will permit me, the Sena- to object.
Mr. SMOOT. I will state t? the Senator that the bill is quite
_ ___ claim
tor does not „ ____ aat those newspapers had access to the
a lengthy one, and it has beea under consideration by the Print­
books of the Republican national committee, I take it.
Mr. CULBERSON. I know nothibg o f the immediate sources ing Investigation Commission, the Joint Committee on Printing
of the information I f these newspapers, Mr. President. I want of "the two Houses, and tl^fl Senate Committee on Printing for
to get the resolution adopted by tae Senate to find out how nearly three years. I will state frankly to the Senator that I
much money was contributed, who did it, and inferentially why do not intend to press itjf passage to-day, but I would like very
they did it, and wjnat interest they had in legislation, if they much to have the formal reading of the bill to-day, and then
there are some comnyCtee amendments to be considered and
contributed this amount.
I have stated, Mr. President, that; we know something in whatever amendments may be offered afterwards of course
answer to these inquiries, but not all and not enough. We will be considered. Jl will say to the Senator that I have no
know, for instance! that the Republican contributions have been desire whatever to aSlc for a vote on the bill to-day.
Mr. BROWN. Mr. President-----largely made by the beneficiaries of privilege and protection.
The VICE PR /SID E N T . Does the Senator from Missouri
*ve have reason to believe that corporations engaged in inter­
state commerce have been intimidated and blackmailed by the yield to the Senator from Nebraska?
Mr. REED. Certainly.
Republican national committee. We know that the Republican
Mr. BROW N/ I understand that the committee itself is not
national committee has levied upon and profaned sacred funds
held by at least three great insurance companies for women through with ^ s investigation of the bill. I am informed that
a hearing is to be had to-morrow on some phases of the bill. It
and children.
Mr. President, the New York. World for seven years has is very obvidus that the bill is an important one. I was out
of the Chamber at the time it was.called up, and I am not ad­
a«ked these 10 questions, which I may be permitted to read:
vised of the parliamentary situation, but the bill can not be
L How much has the Beef Trust contributed to Mr. Cortelyou?
considered/under the five-minute rule.
-• How much lias the Paper Trust contributed to Mr. Cortelyou?
IIow much has the Coal Trust contributed to Mr. Cortelyou?
Mr. SM<0OT. I have not asked that it should be so con­
L How much has the Sugar Trust contributed to Mr. Cortelyou?
sidered.
5- How much has the Oil Trust contributed to Mr. Cortelyou?




1218

CONGRESSIONAL RECORD— SENATE.

Mr. BROWN. It is a bill-----/
The VICE PRESIDENT. Tho bill is up under a motion that
it be considered.
I
Mr. BROWN. I wish to appeal to the Senator Jfrom Utah
to let the bill go over. No hearing on the by? has been
printed-----J
The VICE PRESIDENT. The Chair hardly thinks that this
proceeding is regular. The motion is not deniable. It has
been declared carried, and no Senator has quqirtioned it.
Mr. BROWN. I question now whether tl£ motion has been
carried.
The VICE PRESIDENT. The Chair asjfcd the Senator from
Missouri if he questioned it; the Chaijf understood that he
simply asked to make a statement; ajhl the Chair asked if
unanimous consent would be given thenjefor.
Mr. REED. The President is in/error in regard to my
position. I
The VICE PRESIDENT. If th a /is so, the Chair will again
put the motion. The Chair did nojfmean to foreclose anybody’s
right to vote on the proposition.
Mr. REED. I ask for a vote;
The VICE PRESIDENT. Tjfe Senator from Missouri asked
permission to make a statement, and that was given. General
debate is not in order, but Jjfie statement of tho Senator from
Missouri is in order, by unanimous consent.
Mr. REED. Mr. President, unless the Senator from Utah
will withdraw his m otion/if we are to be forced to vote on it, I
shall demand a roll call
Mr. I1EYBURN. Mb' President, I desire to interpose a- mo­
tion, with the permission of the Chair. It is that the bill be
recommitted to the Committee on Printing.
The VICE PRESIDENT. That motion is hardly in order.
Mr. HEYBURN./ l think it is.
The VICE PREjUDENT. The motion to proceed to the con­
sideration of a particular bill is neither amendable nor debatable,
but the Senate cjfn vote qn it and vote it down, or dispose of it
in any way it chooses.
Mr. HEYBURN. I think the bill should be recommitted, and
I merely submit a motion to recommit.
Mr. SMOOT. That motion is not in order.
The VIChT PRESIDENT. The pending motion is that the
Senate now/proceed to the consideration of the bill.
Mr. HE/BURN. My motion will be in order after the bill is
taken up^
The V/CE PRESIDENT. Certainly.
Mr. REED. I ask for a roll call.
The /VICE PRESIDENT. The Senator from Missouri asks
for tly£ yeas and nays. Is there a second?
Mnr SMOOT. I do not quite understand what the Senator
front Missouri meant by the statement that if the Senator from
UtXh wpuld not withdraw his motion he would demand a roll
call.
’ The VICE PRESIDENT. Debate is not in order. Evidently
a sufficient number have demanded the yeas and nays, and the
yeas and nays are ordered. The Secretary will call the roll on
agreeing to the motion of the Senator from Utah to proceed to
the consideration of the bill.

(

* Mr. T\HORNTON. Will the Chair please state what it is we
are goin&to vote on?
The VIQiE PRESIDENT. The motion is that the Senate pro­
ceed to th<V;onsideration of the bill (S. 4239) to amend, revise,
and codify Vie laws relating to the public printing and binding
and the distribution of Government publications.
Mr. BORAHL Do I understand the Senator from Nebraska
to say that tlimJiearings are still going on?
The VICE PRESIDENT. Debate is not in order. The Sec­
retary will proceVl with the call of the roll.
The Secretary proceeded to call the roll.
Mr. CLARK ofVvyoming (when his name was called). I
have a general pairV.-ith the senior Senator from Missouri [Mr.
Stone].
In the absence of that Senator I withhold my vote.
Mr. JONES (w hen\is name was called). I am paired with
the senior Senator frolp Florida [Mr. F l e t c h e b ] . I therefore
withhold my vote.
Mr. OLIVER (when h\s name w called). I have a general
ras
pair with the senior Senator from Oregon [Mr. C i i a m b e b l a i n ]
I transfer that pair to toe junior Senator from Illinois [Mr.
L o b i m e b ] and vote. I voteVyea.”
Mr. SIMMONS (when hist name was called). I am paired
with the junior Senator froi\ Minnesota [Mr. C l a p p ] . If he
vv
ere present and I were at liberty to vote, I would vote “ nay.”
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the junior ^Senator from Delaware [Mr.
R ic iia b d s o n ].
I transfer that pa\- to the senior Senator from
Mississippi [Mr. P e b c y ] and vote, v vote “ nay.”




Ja n u ar y 23,

Mr. TILLMAN (when his name was called). I am i
with the Senator from Vermont [Mr. D i l l i n g h a m ] . I
hold my vote.
Mr. WARREN (when his name was called). I nawra goneral pair with the senior Senator from Louisiana [M ^T' osteb].
Therefore I withhold my vote.
Mr. LIPPITT (when Mr. W e t m o e e ’ s name wmf called). I
wish to announce that my colleague [Mr. W e t u B b e ] is neces­
sarily absent from the city, and is paired j/ith the senior
Senator from Alabama [Mr. J o h n s t o n ] .
Mr. WILLIAMS (when his name was callart). I have a pair
with the Senator from Pennsylvania [ M u / P e n b o s e ] . i W iU
transfer that pair to the Senator from Indiana [Mr. Shively]
and vote. I vote “ nay.”
The roll call was concluded.
Mr. SIMMONS. I transfer my gen/ral pair with the junior
Senator from Minnesota [Mr. Ci.yFp] to the Senator from
Alabama [Mr. B a n k h e a d ] and I voce. I vote “ nay.”
Mr. BRIGGS (after having YOtwl in the affirmative). I Will
ask if the Senator from W esyVirginia [Mr. W a t s o n ] has
voted?
The VICE PRESIDENT. T/e has not.
Mr. BRIGGS. I w ithdrai/m y vote.
The VICE P R E S ID E D / The Senator from New Jersey
withdraws his vote.
Mr. WILLIAMS (aftyf having voted in the negative). A
moment ago I made the announcement of the transfer of my
pair with the Senator irom Pennsylvania [Mr. P e n e o s e ] to the
Senator from Indianar [Mr. S h i v e l y ] . I find that the Senator
from Indiana [Mr. j b h i v e l y ] i s present. I therefore want to
withdraw my vot^ u id let the pair between the Senator from
Pennsylvania [Mir P e n k o s e ] and myself stand.
Mr. C U R T IS ^ I was requested to announce that the senior
Senator from J&assachusetts [Mr. L o d g e ] is paired with the
junior Senator from Texas [Mr. B a i l e y ] .
Mr. JONES. My colleague [Mr. P o i n d e x t e k ] is unavoidably
detained fpom the Chamber.
Mr. MARTIN of Virginia. I desire to announce that the Sen­
ator fvym Arkansas [Mr. D a v i s ] is paired on this vote with
the Senator from New York [Mr. R o o t ] .
The result was annotmeed--yeas 21, nays 34, as follows:
Bradley
Brandegee
Bryan
Burnham
Burton
Chilton

YEAS— 21.
McCumber
McLean
Nelson
Oliver
Page
Perkins
NAYS— 34.
Newlands
Gore
O’Gorman
Heyburn
Overman
Hitchcock
Johnson, Me.
Pomerenc
Rayner
Kern
Reed
Lea
Martin, Va.
Shively
Simmons
Martine, N. J.
Smith, Ga.
Myers
NOT VOTING— 36.
La Follette
Dillingham
Lodge
Fletcher
Lorimer
Foster
Nixon
Gallinger
Owen
Gamble
Guggenheim
Paynter
Penrose
Johnston, Ala
Percy
.Tones
Poindexter
Kenyon
Clarke, Ark.
Cullom
Dixon
du Pont
Gronna
Lffipitt

Bacon
Borah
Bristow
Brown
Crawford
Culberson
Cummins
Curtis
Gardner

Bailey
Bankhead
Bourne
Briggs
Chamberlain
Clapp
Clark, Wyo.
Crane
Davis

1*

J

Smoot
Stephenson
Sutherland

Smith, Md.
Smith, S. C.
Swanson
Taylor
Thornton
Townsend
Works

Richardson
Root
Smith, Mich.
Stone
Tillman
Warren
Watson
Wetmore
Williams

So -Mr. Smoot’s motion was not agreed to.
The ATCE PRESIDENT. The Chair desires to say to the
Senator from Idaho, in reference to his motion to recommit
that the Chair was in error in not entertainin g the motion at
the time. Tmk Chair was thinking of it as an amendment to the
motion made liVthe Senator from Utah [Mr. S m o o t ] , which was
not an amendablK. motion; but the motion of the Senator from
Idaho, as he put itVwas a separate motion and had precedence
of the motion of tlicSSenator from Utah, and the Chair should
have put it and did n \ Shall he now put the motion?
Mr. HEYBURN. NoJsMr. President, the purpose I had in
view can be served just asswell now in a moment. I made the
motion for the purpose of avoiding the present consideration of
this measure, not because l\ a v e any intention whatever to
delay or prevent its enactment\but I have it in mind in a
number of particulars to amend tnbHfi.ll, and I have been work­
ing on it for days with a view of pvpparing the amendments.
The bill has only been eight days in the Senate. The bill was
introduced on January 8 and reported wythe lGth. So it has
been here about a week. It is an extensive, measure. It proposes the creation of new offices, carrying
lortant sums as
salaries, which should not be in a measure
' <js kind. That

!
1

Jk

w

4

j
J

CONGRESSIONAL RECORD— SENATE.

1912.

made Into tlie condition of dairy products for tlie prevention
and spread of tuberculosis, which was referred to the Committee
on Agriculture and Forestry.
Mr. ROOT presented petitions o f the congregation --.of the
Seventh-day Baptist Church, of Little Genesee; of the Cllristian
Endeavor Society of the Seventh-day Baptist Church, of Little
Genesee; of the congregation of the First Baptist fphureh
and of sundry citizens of Batavia, all in the State of New York;
praying for the enactment of an interstate liquor law *to pre­
vent the nullification of State liquor laws by outside pealers,
which were referred to the Committee on the Judiciary.#
Mr. NELSON presented a petition of members of fhe Cos­
mopolitan Literary Club, of Owatonna, Minn., praying for the
ratification of the proposed treaties of arbitration between the
United States, Great Britain, and France, which was ordered
to lie on the table.
Mr. PENROSE presented petitions o f sundry local granges,
patrons of Husbandry, all in the State of Pennsylvania, pray'iig for the adoption of certain amendments to the oleomargarine
lw, which were referred to the Committee on Agriculture and
Efrostry.
A e also presented a petition of sundry citizen^ of Bangor,
Pa:j, praying for the establishment of a parceljjfiost system,
whfhh was referred to the Committee on Post Offices and Post
Roacfe.
REPORTS OF COMMITTEES.

Mr. |pu PONT, from the Committee on Military Affairs, to
which %as referred the bill (S. 4749) relative^to members of
the Female Nurse Corps serving in Alaska or gt places without
the limits, of the United States, reported it without amendment
and submitted a report (No. 243) thereon.
if
He alsojfrom the same committee, to whicji was referred the
joint resolution (H. J. Res. 184) authorizij|| the Secretary of
War to loa% certain tents for the use of the Confederate Vet­
erans’ Reunion, to be held at Macon, Ga., i * May, 1912, reported
it without anlgndment.
Mr. BOURSE, from the Committee orC Commerce, to which
was referred t ie bill (S. 43G0) to provide1for the establishment
o f aids to navigation in Pearl Harbor, Hawaii, reported it with­
out amendment *nd submitted a reports No. 244) thereon.
Mr. GAMBLE,%from the Committee2 on Indian Affairs, to
which was reform ) (he bill (S. 875) fo r the relief of the Mis­
sion Farm Co., Petwr Volondra, and others, reported it without
amendment and submitted a report (j£o. 245) thereon.
He also, from the%same committee, to which was referred
the bill (S. 1024) to Authorize thefsale and disposition of the
surplus and unallotted « n d s in the Crow Creek Indian Reserva­
tion, in the State of South Dakota, and making appropriation
to carry the same into %fect, reported it with an amendment
and submitted a report (!%>. 24fi| thereon.
Mr. BRIGGS, from 1he- Committee on Military Affairs, to
which was referred the bill. j|§. 2243) to correct the military
Record of John L. O’Mara am i grant him an honorable dis­
charge, reported it with amendments and submitted a report
(No. 247) thereon.
Mr. JONES, from the #nnifiittee on Claims, to which was
Referred the bill (S. 466 Vf for t% relief of the Bates & Guild
Co., submitted an a d v ersfrep ort\N o. 248) thereon, which was
agreed to, and the bill ydS's postponed indefinitely.
He also, from the same commitqee, to which were referred
the following bills, reported them ea^li without amendment and
submitted reports thejiteon:
S. 837. A bill to reimburse the offic%s and crew o f the light­
house tender Mahzmita for personal-fflroperty losses sustained
by them on the fotpulering o f that tender October G 1905 (R e­
,
port No. 250) ; an#
'
\
S. 2733. A bill M r the relief of the estMe of Almon P. Fred­
o
erick (Itept. N o ^ S l).
■*
Mr. JONES, from the Committee on Public Lands, to which
was referred the bill (S. 3367) to amend s%tion 2291 and sec­
tion 2297 of the Revised Statutes of the Un%ed States relating
to homesteads, reported it with amendments^and submitted a
Report (No. :249) thereon.
%
Mr. SIMMONS, from the Committee on C o n feree, to which
was referred the bill (S. 4521) to authorize tli& change o f the
name of the steamer William A. Hawffoocl, reported it without
amendment and submitted a report (No. 252) thereon.
Mr. SMOOT, from the Committee on Public Laflgs, to which
was referred the bill (S. 3045) to provide for agricultural en­
tries on oil lands, reported it with an amendment, and sub­
mitted a report (No. 253) thereon.
\
£
Mr. CRAWFORD, from the Committee on Commercepio wliicS
was referred the bill (S. 4475) to amend an act entiaed “ Ail
'
ses
act to simplify the issue of enrollments and licenses of% essels'
X L VIII




■82

1295

o f the United States,” reported it without amendment and sub­
mitted a report (No. 255) thereon.
He also, from the Committee on Claims, to which was referred
the bill (S. 4751) for the relief of Albert S. Ilenderer, reported
it without amendment and submitted a report (No. 254) thereon.
Mr. CRAWFORD.
I am directed by the Committee on
Claims, to which were referred S. 2179, for the relief of
Albert S. Ilenderer, and S. .4750, for the relief of Albert S.
ILenderer, to report them each adversely and to ask that they:
be indefinitely postponed, as Senate bill 4751 just reported
by me from that committee covers the subject contained in
these two bills.
The VICE PRESIDENT. Without objection, the bills named
by the Senator from South Dakota will be indefinitely post­
poned.
Mr. PERKINS, from the Committee on Commerce, to which
were referred the following bills, reported them each without
amendment and submitted reports thereon:
S. 43G3. \ bill to provide for the establishment of a light
and fog signal at or near Cape St. Elias, Alaska (Rept. No.
256) ; and
S. 4359. A bill to provide for improving the light station at
Kauhola Point, Hawaii (Rept. No. 257).
Mr. NEW l I n DS, from the Committee on Commerce, to
which was referred the bill (S. 4728) to authorize the change
o f name o f the steamer Salt Lake City, reported it without
amendment and submitted a report (No. 258) thereon.
%

BILLS INTRODUCED.

Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
By Mr. TAYLOR : \
A bill (S. 4818) tp authorize and establish a system of
markers for the battle field of Stone River, in Tennessee; to
the Committee on Military Affairs.
By Mr. JOHNSON of M aine:
A bill (S. 4819) granting an increase of pension to Charles J.
Higgins (with accompanying paper) ;
A bill (S. 4S20) granting an increase o f pension to Martha A.
Parkman (with accompanying papers) ;
A bill (S. 4821) granting aiMncrease o f pension to Warren W.
N orton; and
\
A bill (S. 4822) granting airyncrease of pension to William
L. Pratt; to the Committee on Pensions.
By Mr. O’GORMAN :
\
A bill (S. 4823) providing for the adjudication of the claim
o f Walston H. Brown, sole surviving partner o f the firm of
Brown, Howard & Co., by the Coilft of Claims; to the Com­
mittee on Claims.
By Mr. M YERS:
\
A bill (S. 4824) to amend an act entitled “An act to codify,
revise, and amend the laws relating to the judiciary,” approved
March"3, 1911; to the Committee on the Judiciary.
By Mr. McCUMBER (by request) :
A bill (S. 4825) relative to the use o f the funds in the Treas­
ury of the United States standing to the credm of the Muskogee
(Creek) Nation of Indians; to the Committee dkIndian Affairs.
By Mr. CRAWFORD :
\
A bill (S. 4826) granting an increase of p e n s % to Edward *
E. Miles (with accompanying paper) ; to the Committee on
Pensions.
By Mr. KERN :
A bill (S. 4827) granting an increase of pension to Thomas J.
Cartwright (with accompanying papers) ; to the Committee on
Pensions.
By Mr. NELSON:
A bill (S. 4§28) granting an increase o f pension to Gilson M.
Henton; to the Committee on Pensions.
By Mr. LOD GE:
A bill (S. 4829) to amend an act approved July 1, 1902, en­
titled “ An act temporarily to provide for the administration of
the affairs o f civil government in the Philippine Islands, and
for other purposes ” ; to the Committee on the Philippines.
By Mr. DU PONT :
A bill (S. 4830) granting an increase o f pension to Horace
Bradley; to the Committee on Pensions.
By Mr. P A G E :
A bill (S. 4831) granting an increase o f pension to George II.
Ring (with accompanying j^iqters.) ; to tlie Committee on
Pensions.
f By Mr. OW E N :
A bill (S. 4832) providing for the reappraisement of town lots
at Wilburton, Okla.; and
A bill (S. 4S33) authorizing the Secretary of the Interior to
issue to J. D. Goulette, administrator, a patent in fee to the

#

1296

CONGRESSIONAL RECORD— SENATE.

Indian allotment held in trust by the Interior Department for
fjacob Johnson, deceased; to the Committee on Indian Affairs.
A bill (S. 4834) to establish agricultural extension depart­
ments in connection with the agricultural colleges in the several
States receiving the benefits of an act of Congress approved
July 2, 1802, and of acts supplementary thereto; to the Com­
mittee on Agriculture and Forestry.
J

A n uaby 25.

| The VICE PRESIDENT. The resolu n will be passed over,
f The bill (S. 252) to establish in the
partment o f Commerce
children’s bureau was
«n d Labor a bureau to be known as t
Announced as next in order.
over likewise,
I Mr. GALUNGER.; That bill shout
The VICE PRESIDENT. Being ejected to, the bill goes
over.
• Mr. HEYBURN. % would inquirf whether or not the bill
which has just been iifessed over shofld not now be transferred,
under the circumstances, to the cajbndar under Rule IX ? it
can not come up undes Rule VIII ider the five-minute rule,
The VICE PRESIDENT. That
has been made a special
order for Tuesday next!
be taken from under Rule
Mr. HEYBURN. Thlai it shou

deceased; to the Committee on Claims.
A bijl (S. 4836) granting a pension to Mildred J. Almond
(with Accompanying papers) ; to the Committee on Pensions.
By
FLETCHER:
A bill \S. 4837) granting a pension to Rebecca V. Rooks; to
mu.
\
the ComnVttee on Pensions.
The VICE PRESIDE?!'!1 TheJUhair thinks that is perhaps
.
By Mr. BRIGGS:
-J
A bill (f%4838) to amend section 96 of the “ act to codify, right, that it might better be transferred to the calendar under
revise, and iwiend the laws relating to the judiciary,” approved Rule IX under the circmiistanceif as it has been made a special
order for Tuesday next. I
March 3, 191% to the Committee on the Judiciary.
Mr. BORAH. I have n^objeifcion to that,
By Mr. HEW? URN:
.
The VICE PRESIDENT! AV|thout objection, the bill will be
A bill ( S. il|)!)) for the relief of Mary J. Webster; W the
transferred to the calendar^mdir Rule IX.
Committee on l%blic Lands.
The bill (S. 290) to authorize the appointment of dental
By Mr. P E N I L E :
j?
A bill (S. 484% to carry into effect the judgment*of the surgeons in the United StatSfes,fNavy was announced as next in
Court of Claims % favor of the contractors for building the order.
Mr. BRISTOW. I ask thf hat bill go over,
U. S. battleship Inmana; and
f
le bill goes over.
The VICE PRESIDENT.
A. bill (S. 4S41)lsor the relief of Dr. W. S. Hos^ick (with
ensions and increase of pensions
The bill (S. 4314) grantin
accompanying paper’s: to the Committee on Claims,-'
of the Civil War and certain
to certain soldiers and sai t
A N T H O N Y lO C G I N S A N D J O H N M . T H U R S T O N .
widows and dependent relaii s of such soldiers and sailors
Mr. DU PONT submitted an amendment proposing to appro­ was announced as next in oiftle
priate $10,000 to pay .ubtliony Higgins and John M. Thurston
Mr. McCUMBER. I askitlu that bill, together with Calfor legal services rendered in the defense of Charles Swayne, endar No. 186 and No. 187, Jbein Senate bills No. 4623 and No.
etc., intended to be proposed by him to the general deficiency 4624, all relating to pensioip, be
ssed over.
appropriation bill, which vliis referred to thqjiCommittee on the
The VICE PRESIDENT!? The 11s referred to by the Senator
Judiciary and ordered to bthprinted.
from North Dakota will bp. passed' ver.
The bill (S. 3160) to establish %t Holeb, Me., a subport of
Tiii'' president ' s c o m m issio n on economist an d ef f ic ie n c y .
5Ir. HEYBURN subniittecU^he followup resolution (S. Res. entry in the customs col I ion diswict of Bangor, Me., and for
196), which was read, considered by u#nimous consent, and other purposes, was announced as n fst in order.
Mr. JOHNSON of Mai do. I ask 1%t that bill go over.
agreed t o :
%
The VICE PRESIDE?#. The bil% oes over.
R esolved , That the President be Wiuest&ff to furnish to the Senate
the names of the members and officsjss oflthe President’s Commission
on Economy and Efficiency, their ag li wifiit official positions, i f any,
they have previously held, and the sfifowy they are receiving in their
present position.

a r a n s a |i p a s s

l ig iit \ s t a t io n

.

The bill (S. 4251) to< authorize thdk Secretary of Commerce
and Labor to purchase!?from the Stare of Texas certain land
purposes at tie Aransas Pass Light
C H A N G E OF R E g f c l N C E .
required for lighthou
meed as next ireorder, and the Senate,
Mr. WORKS. Yesterday I offj®fe<fijresolutions of the Cham­ Station, Tex., wms aim Whole, resumedats consideration,
in
of til
ber of Commerce of Berkeley, Oja., a^d other bodies, which I as The Committee repox ed to the Senate! without amendment,
was
see were referred to the Committee. < p Commerce. I should orderedbill be engross® for a third reading read the third time,'
|
to
be glad to have that reference change, for the reason that
j®
there is pending in the Committee on Military Affairs a bill to and passed.
j f BILLS PASSED OVER.
which those resolutions refer, g?’
%
The bill (S. 2493) ^authorizing the S ecretly of the Treasury
The VICE PRESIDENT. ^Without objection, the reference
------------------* --® on
---- 1 :------ ■
to : make an examim — of certain claims oj* the State of Miswill be changed as requestedlfoy the Senator from California.
Is there further morningjtmsiness? If %ere be none, morn­ souri was announce as next in order,
ask that that bill go ovej
Mr. BRISTOW.
ing business is closed, and-Tlie calendar ui«|er Rule VIII is in
The VICE PRES )ENT. The bill goes ovel
order.
0
The bill (S. 4050 for the relief of Catherin^Ratcliford was
n i j ^ S P A S S E D OVER.
announced as next in order.
The bill (8. 2518) to provide for raising tlx£volunteer forces
Mr. CURTIS
r. President, the Senator frVn Utah [Mr.
of the United States ififtime of actual or threatened war was S moot ] asked thatj get certain information regaining that bill,
announced as first in ql'der.
I therefox-e ask thi it go over.
The VICE PRESIDENT. The bill has alrea® been read in
The VICE PRESIDENT. The bill goes over.
full, considered as ii^fCommittee of the Whole, fp d one amend­
ESTATE OF ELIZA B. HAUSE.
ment has been agreed to. Are there other amerl|ments?
The bill (S. 1! )8) for the relief o f the estate or\Eliza B.
Mr. BACON. M E President, is that the bill Introduced by
jg .
Hause was consii “red as in Committee of the Whole.\ It pro­
t h e Senator from D e l a w a r e [Mr. d u P o n t ] ?
poses to pay to file personal representative of the estate .of
The VICE PRESIDENT. It is.
Eliza B. Hause, late of Philadelphia, Pa., $342.08, taxes erMr. BACON. I ask that it go over, Mr. President.
roneously collect! from her estate under the war revenue act
The VICE PRESIDENT. The bill will go over. '%
Mr. BACON. I want to state, in making that objection, that of June 13, 1898.
The bill was •eported to the Senate without amendment,
the matter came up a day or two ago, and it was then prac­
tically understood that it was going to be brought uji on some ordered to be enj ossed for a third reading, read the third time,
occasion when there would be opportunity for its proper discus­ and passed.
BILLS PASSED OVER.
sion. I tliirrik it is understood by the Senator from Delaware
that he is gefing to call it up some day next week.
The bill (S. 4|39) to amend, revise, and codify the laws re­
The bill IS. 2925) providing for a Confederate naval monu­ lating to the public printing and binding and the distribution
ment in the Vicksburg National Military Park was announced of Government publications was announced as next in order.
as next in order.
Mr. GALLINGpR. Let that bill go over.
Mr. HEYBURN. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The VICE PRESIDENT. The bill goes over.
The resolution {S. Res. 176) requesting the President to make
Senate concurrent resolution (S. C. Res. 4) instructing the certain inquiries of the Governments o f "Great Britain and
Attorney General of the United States to prosecute the Stand­ France, touching the arbitration of justiciable controversies
ard Oil Co. and the American Tobacco Co. was announced as or disputes, was announced as next in order.
Mr. LODGE. Let that resolution go over.
next in order.
Mr. BORAII. I ask that that may be passed over.
The VICE PRESIDENT. The resolution goes over.




1912.

CONGRESSIONAL RECORD— SENATE.

A bill (S. 4874) granting a pension to Josephine Owens (with
accompanying papers) ; to the Committee on pensions.
By Mr. ROOT :
/
A bill (S. 4S75) granting a pension to Frapak D. Lasher; and
A bill (S. 4S7G) granting a pension to Catherine Downs; to
the Committee on Pensions.
By Mr. CU RTIS:
f
A bill (S. 4877) for the relief of Sylvester P. H ill; to the
Committee on Military Affairs.
By Mr. DU P O N T :
f
A bill (S. 4S7S) granting an increase of pension to Elizabeth
Canby Breese; and
A bill (S. 4879) granting an increase of pension to Frances
Doherty; to the Committee on Pensions.
By Mr. DILLINGHAM :
/
A bill*( S. 4SS0) granting an increase of pension to Olive C.
Morrill (with accompanying p^ier) ; to the Committee on
Pensions.
By Mr. G Q R E :
A bill (S. 4,881) to increase/tlie limit of cost of the Federal
building and Sife at M cAlest#, O kla.;
A bill (S. 4S£2) to in crea# the limit of cost of the Federal
building and site at Chickaaia, Okla.;
A bill (S. 4SS.‘% to provid /for the erection of a public buildinc
)
at Shawnee, Olqgi.;
_
. A- bill (S. 48S4^ to pro ~de for the erection o f a public build
ln& at B artlesvi% Okls
. ^ bill (S. 4885 )Ito prJ ide for the erection of a public buildlni? at Sapulpa, o l l a . ; /
. A bill (S. 4SSG) |> i#o- ide for the erection of a public build*ag at Okmulgee, wlwi.;
. A bill (S. 4SS7) toyprovide for the erection of a public buildlng at Anadarko, Ojfla.;
A bill (S. 4888) tafprovide for the erection of a public buildbig at Pauls Valle/, Okla.;
. A bill (S. 4S 89)M provide for the erection of a public build­
o
ing at Norman. (*da.|
. A bill (S. 4S90)#to provide for the erection o f a public build­
ing at Clarem ori/ Okla.-;
. A bill (S. 489® to provide for the erection of a public build­
ing at Mangum/Okla.; |
. A bill (g. 4S9e ) to provide for the erection of a public buildlng at Chandler Okla.; \
A bill (g. 4SB3) to provide for the erection o f a public buildlng at Ada, cjkla.;
\
A bill (g. 48<)4) to providfe for the erection of a public build­
ing at Wagoner, Okla.;
A bill (g. /|S95) to provide^for the erection of a public build­
ingrat W oodard, Okla.;
\
A bill (gj4896) to provide lor the erection of a public build1 1 at Noijita, Okla.;
1«
\
A bill (sf. 4897) to provide f i r the erection o f a public buildlng at Pawhuska, Olda,;
A bill (j§. 4S9S) to provide foi^the erection of a public buildin g at H#go, Okla.;
\
A bill (g. 4S99) to provide for the erection of a public buildlnS at Clinton, Okla. ;
A i)i!U:(g. 4900) to provide for tae erection of a public buildat lltu s, Okla.;
a biif (S. 4901) to provide for th® erection of a public building at Frederick, Okla.;
\
in,
(S. 4902) to provide for the erection of a public builda V lmk City, Olda ;
\
in,t d "! (S. 4903) to provide for the ejection of a public buildn^at Vinita, Okla.;
in„
(S. 4904) to provide for the erection o f a public buildA h-n Iobart’ ° k]a -; and
i (S. 4905) to provide for the ere<kion o f a public buildC r o u n d s 'ant, C bki.; to the Committee oi\Public Buildings and
%

Mr. PAYNTER :
\
, ’! ) (S- 4900) granting a pension to Ifene J. Reed;
A h'li
granting a pension to W.\B. Showalter;
Bj-i, 1
4908) granting an increase o f pension to Henry K.
A h-e r ; anci
But-),
4909) granting an increase o f pension to John
t e n s i o n s a c c o m p a n y i n g papers) ; to. the Committee on
a

% Mr. CRANE:
min■ 1
4910) for the relief of William Cotter; to the Compl
Military Affairs.
By Mr. G O R E :
blino- 1
1
4911) to increase the limit o f cost of the Federal
Uing and site at Ardmore, Okla.; and




A bill (g. 4912) to increase the limit of cost o f the Federal
building and site at Oklahoma City, Okla.; to the Committee on
Public Buildings and Grounds.
By Mr. OW EN:
A bill (g. 4913) to enable the Indians allotted lands in sev­
eralty within the boundaries of Little River drainage district
No. 1, in Pottawatomie County, Okla., to cooperate with the
officials of said State in the protection o f their lands from over­
flow ; to the Committee on Indian Affairs.
A bill (S. 4914) granting an increase of pension to George A.
Wageck (with accompanying paper) ; to the Committee on
Pensions.
By Mr. GAMBLE:
• A bill (S. 4915) for the relief o f the Winnebago Indians of
Wisconsin; to the Committee on Indian Affairs.
A bill (S. 491G) granting a pension to Jennie M. Osgood
(with accompanying papers) ;
A bill (S. 4917) granting an increase o f pension to G. G.
Seger (with accompanying papers) ; and
A hill (S. 491S) granting an increase of pension to Benjamin
F. Wlriteliouse (with accompanying papers) ; to the Committee
on Pensions.
y
By Mr. D IXO N :
A jo in ! resolution (S. J. Res. 71) authorizing the State of
Montana to take timber from the Deerlodge National Forest
for certain purposes; to the Committee on Public Lands.
By Mr. LODGE:
A joint resolution (S. J. Res. 72) making prqtision for the
Fifth International Congress o f Chambers o f Jcommerce and
Commercial and Industrial Associations; to the Committee on
Foreign Relations.
JF
WEATHER BUREAU STATION, MUSKOGEE, OKLA.

Mr. OWEN submitted an amendment propping to appropriate
$25,000 for the establishment, equipment, find maintenance of
a weather bureau station at Muskogee, Okla., intended to be
proposed by him to the Agricultural appropriation bill, which
was referred to the Committee on Agriculture and Forestry
and ordered to be printed.
p l a I»t in v e s t m e n t ’ go.

Mr. BRISTOW . I desire to enter a motion to reconsider
the vote by which the bill\(S. 3087) for the relief o f the Plant
Investment Co., of New ifcrk, N. Y., was ordered to a third
reading and passed on last Thursday.
The VICE PRESIDENT. The.motion to reconsider will be
entered.
8 £
■
Mr. BRISTOW. I move that the House be requested to re­
turn the bill to the Senate.
jS
The motion was agreed to. JF
HOUSE B#iLS REFERRED.

II. R. 17681. An act maiding appropriations to provide for the
expenses o f the government of the District o f Columbia for the
fiscal year ending June 3.0, 1913, ahd for other purposes, was
read twice by its title and referred 10 the Committee on Appro­
priations.
jf
%
The following bills wfere severally road twice by their titles
and referred to the Committee on Pensions:
II. Ii. 18335. An act granting pensions anti increase of pensions
to certain soldiers afikU sailors of the Cit.il W ar and certain
widows and dependent children of soldiers and sailors o f said
w a r;
M
\
II. R. 18336. An act granting pensions and increase of pensions
to certain soldiers and sailors of the Civil War and certain
widows and dependent children of soldiers and jailors o f said
w ar;
f
V
II. R. 1S337. An act granting pensions and increase of pensions
to certain soldiers and sailors o f the Civil W ar and certain
widows and dependent children of soldiers and sailers of said
w a r ; and
S
\
H. R. 18712, An act granting pensions and increase of pensions
to.certain sofuiers and sailors o f the Regular Army and;yNavy,
and certain .soldiers and sailors o f wars other than the Civil
War, and to widows and dependent relatives of such soldiers
and sailors.
t h e calendar .

The VICE PRESIDENT. The morning business is closed.
The calendar is in order under Rule VIII.
The bill (S. 251S) to provide for raising the volunteer forces
o f the United States in time o f actual or threatened war was
announced as first in order on the calendar.
The VICE PRESIDENT. The bill was read in full July 8,
1911, and it has been amended. It is now in Committee of the
Whole and open to amendment.

1474

CONGRESSIONAL RECORD— SENATE.

Mr. W A R R E N , T aua. nnii» ■i.nJwlH' WWHWgBigft.T nV th«! fflnT
i
niHluu irrrfmg" charge of the bill wishes to be here when it is
considered. So I ask that it may go over without prejudice.
The VICE PRESIDENT. The bill will go over.
The bill (S. 2925) providing for a Confederate naval monu­
ment iu the Vicksburg National Military Park was announced
as next in order.
Mr. HEYBURN. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The resolution (S. Con. Res. 4) instructing the Attorney Gen­
eral of the United States to prosecute the Standard Oil Co. and
the American Tobacco Co. was announced as next in order.
Mr. SMOOT. Let that go over, Mr. President.
The VICE PRESIDENT. The resolution goes over.
*
Mr. HEYBURN. That is pending on a motion to refer.
Mr. SMOOT. I believe the Senator who introduced the reso­
lution asked the last time the calendar was up that the resolu­
tion go over.
Mr. HEYBURN. I have no objection to its going over.
The VICE PRESIDENT. The resolution goes over.
The bill (S. 290) to authorize the appointment of dental sur­
geons in the United States Navy was announced as next in
order.
Mr. SMOOT. Let that go over, Mr. President.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4314) 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
was announced as next in order.
The VICE PRESIDENT. The bill has been heretofore read
in full. It is before the Senate as in Committee of the Whole
and open to amendment. If there be no amendment to be
offered, the bill will be reported to the Senate.
Mr. SMOOT. I do not object to the consideration of this
bill, but I think it is due the Senator from Georgia [Mr. S m i t h ]
to call his attention to the fact that the bill is now under con­
sideration.
The VICE PRESIDENT. The bill will be reported to the
Senate.
The bill was reported to the Senate without amendment.
Mr. HEYBURN. I have an amendment to offer.
Mr. SMITH of Georgia. Mr. President, I ask that the bill
go over. I do this with the sanction of the chairman of the
Committee on Pensions [Mr. M cCumbeb].
The VICE PRESIDENT. The bill goes over.
Mr. SMITH of Georgia. I also ask that the other pension
bills on the calendar go over, and that when they are hereafter
taken up the Chair will call my attention to the fact.
The bill (S. 31G0) to establish at Holeb, Me., a subport of
entry in the customs collection district of Bangor, Me., and for
other purposes, was announced as next in order.
Mr. JOHNSON of Maine. I ask that that bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 2493) authorizing the Secretary of the Treasury
to make an examination of certain claims of the State of Mis­
souri, was announced as next in order.
Mr. SMOOT. Let that bill go over, Mr. President.
The VICE PRESIDENT. The bill goes over.
Mr. STONE. I hope the bill will not go over unless some one
insists. I should like to have it taken up.
The VICE PRESIDENT. A request was made that the bill
go over.
Mr. SMOOT. I should like to say to the Senator from
Missouri that I directed a letter to the Secretary of the Treas­
ury in connection with this bill, and I expect an answer now
any day. Just as soon as I receive that answer, I shall call
attention to it.
Mr. STONE. If the Senator desires to have the bill go
over-----Mr. SMOOT. Yes; I should like to have the bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4050) for the relief of Catherine Ratchford was
announced as next in order.
Mr. CURTIS. Mr. President, let that bill go over. I have
called for information in relation to it.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4239) to amend, revise, and codify the laws re­
lating to the public printing and binding and the distribution of
Government publications was announced as next in order.
Mr. SMOOT. I ask that that bill go over for to-day.
The VICE PRESIDENT. The bill goes over.
The resolution (S. Res. 176) requesting the President to make
certain inquiries of the Governments of Great Britain and
France touching the arbitration of justiciable controversies or
disputes was announced as next in order.



J a n u a b y 29,

Mr. LODGE. Let that go over.
The VICE PRESIDENT. The resolution goes over.
MESSENGER FOR COMMITTEE ON MINES AND MINING.

The resolution (S. Res. 1S4) authorizing the Committee on
Mines and Mining to employ a messenger was announced as
next in order.
Mr. LODGE. Mr. President, that resolution went over on the
objection of the Senator from Wyoming [Mr. W arren ], and I
know he desires to offer an amendment to it, as it contains a
clause to which he objects.
Mr. WARREN. I ask that the resolution may be read.
The VICE PRESIDENT. The Secretary will read the resolu­
tion.
The Secretary read the resolution reported from the Com­
mittee to Audit and Control the Contingent Expenses of the
Senate on the 17th instant, as follows:
R esolved , That the Committee on Mines and Mining is hereby author­
ized to employ a messenger at a salary of $ 1 , 2 0 0 per annum, to be paid
from the contingent fund of the Senate until otherwise provided for
by law.

There being no objection, the Senate proceeded to^consider
the resolution.
Mr. WARREN. I ‘move to strike out the last portion of the
resolution, which reads, “ until otherwise provided for by
law.”
The VICE PRESIDENT. The amendment proposed by the
Senator from Wyoming will be stated.
The S e c r e t a r y . In lines 5 and 6 of the resolution it is pro­
posed to strike out the words “ until otherwise provided for
by law.”
The amendment was agreed to.
The resolution as amended was agreed to.
BILLS PASSED OVER.

The bill (S. 4623) 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 was
announced as next in order.
The VICE PRESIDENT. The Chair understands that that
goes over under the request made by the Senator from Georgia
[Mr. S m i t h ] .
The bill (S. 4624) granting pensions and increase of pensions
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 certain widows and dependent relatives of such sol­
diers and sailors, was announced as next in order.
The VICE PRESIDENT. That bill likewise goes over, at the
request of the Senator from Georgia [Mr. S m i t h ] .
The bill (S. 1014) for the relief of the Ottawa Indian Tribe
of Blanchard Fork and Rouch de Boeuf was announced as next
in order.
Mr. CURTIS. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 3175) to regulate the immigration of aliens to
and the residence of aliens in the United States was announced
as next in order.
Mr. LODGE. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
SURPLUS LANDS IN STANDING ROCK INDIAN RESERVATION.

The bill (S. 109)' to authorize the sale and disposition of the
surplus and unallotted lands in the Standing Rock Indian Res­
ervation, in the States of South Dakota and North Dakota, and
making appropriation and provision to carry the same into
effect, was announced as next in order, and the Senate, as in
Committee of the Whole, proceeded to its consideration. The
bill had been reported from the Committee on Indian Affairs
with an amendment.
The VICE PRESIDENT. The amendment reported by the
Committee on Indian Affairs will be stated.
Mr. BACON. I desire to ask the Senator from South Dakota
some questions. I do not know whether to ask him before the
amendment is presented to the Senate or not.
Mr. GAMBLE. It is simply a clerical error. It does not
matter whether the Senator propounds his questions now or
later.
Mr. BACON. If it is merely a clerical matter, I will pro­
pound my questions first.
I confess, speaking generally, tjiat I know nothing about
Indian affairs. I have never beeH. on that committee, and
there is none of that property involved in by section, but I do
recall the fact that the Senator from>6outh Dakota has had
passed within the last several sessions qiHte a number of these
laws, and I remember that in the discussiomS^wliich have ensued
there has been developed the Tffct-that very lasre sums of money
were involved and that in several instances, where there were

1912.

CONGRESSIONAL RECORD— SENATE.

~7~
plaint that has
the lips of every hafon who has served
for any length i:
, although we hjfve not always taken
the trouble to
Mr. ItOOT.
am lief
greemei
think that instead
what the Sen^tor'^fbm IC x a n m s y
ernment of the United
of endeavoring to take upon the
upon us by necessity wfe
States irav duties which are not thr
Iready
ngs that we havj
should^hideavor to d§ better th©

1483

Mr. WARREN (when his name was called). I have
eral pair with the senior S e n io r froqr^ouisiana
id Gftrejore withhold/’my Vote.
IN ( vfhen My. WATSON’?TiiS!E£^as^Ufl?£r)."
colleague [Mr. W atson ITis necessarily absent frem /lhe session
o f the Senate on official' business. IJe isH
paired/wjch the senior
Senator from New Js^Xey [Mr. "
IS].
[LLIAVfe
r
hen h isj
'am paired
froi
Sn r o s e ] .
I
he si
is [Mr.
C l a r k e ] a n d vote.
vote “ nay.”
The roll call was included.
Mr. DU PONT. I hav
* n a ir with the senior Senator from Texas [Mr. Culbei
35s he is not present I withVoid my vot£_ _______
_’
t
o
i»y colleague [Mr.

bard)
ether in
doing anything more than was done in the legislation which
made nerSaible the atrocious outrages which have been men­
tioned fby/Senators qpon this floor to-day. Wlj^t is,M ere in
this bil
ing done
ent the very same thing
again
J o N E s T i s u ffa v o iF T fi
b it® V ir ^ H b ^ ^ s m e e s .
in its main provisiol
Mr. GALLINGER. My colleague [Mr. B u r n h a m ] _is paired
is substantially the same as other bills covering the same sub­
ject mattepy~ I speak simply from the information and knowl­ with the Senator from Maryland [Mr. S m i t h ] .
Mr. SIMMONS. I transfer my pair with the junior Senator
edge I limte iff opening reservations in my own State in regard
to the p/ices fi^M on the lands. ^ com m ission is appointed, from Minnesota [Mr. C l a p p ] to the Senatq* from Indiana [ M r .
and the Ippraisentents hare bean \fawfind injsome cases I think K e r n ] and vote. I vote “ nay.”
Mr. SIIIVELY. I desire to say that nfi colleague [Mr. K e r n ]
the appitiisem N ^ /f the Uind l i l y ? been/ too b/gh. If the settlers
were goilig upon desirable lands, all openecL^o white people who is unavoidably detained from the Sena/6 on official business.
Mr. OLIVER. I transfer my pain? with the junior Senator
go in anAcooperate with him in upbuilding that particular com­
m
munity, tfcaft is one proposition, Mr. President. Cut here the from Oregon [Mr. C i K m b e r l a i n ] \ the junior Senator from
settler goes into a community where maybe one-quarter, one- Illinois [Mr. L o r i m e r ] aSd will vot#. I vote “ yea.”
Mr. RAYNER. JM co llo g u e UMr. S m i t h of Maryland] is
y
third, one-half, or perhaps three-fourths of the Zands in that
particular township are taken by Indians, and tneir lands are paired with the junior SemKpnf^from New Hampshire [Mr.
B u r n h a m ].
My colleague is uyftwoidably absent.
relieved from taxation for a period of 25 years. / Schools are to
Mr. GAMBLE (after having/vorfed in the affirmative). Mr.
be provided. And I will say to the distinguished Senator from
Idaho [Mr. H e y b u r n ] ithat South Dakota has always been most President, I ask leave to change my vtate from “ vea ” to “ nav.”
The VICE PRESIDENT. The S ender from 'South Dakota
solicitous as to the education of its children, Xvhite or red. In
the percentage o f illiteracy she stands withija a slight fraction changes his vote.
Mr. CLARK o f Wyoming. I have a general pair with the
the States in the
o f possessing the smallest illiteracy of any
senior Senator from Missouri [Mr. S t o n e / . I transfer that
Union.
If highways are to b^ built, if townsh/p organizations and pair to the Senator from Massachusetts [Mr. C r a n e ] and vote.
county organizations are to be maintained, these settlers bear I vote “ yea.”
The result was announced— yeas 17, nays 30; as follow s:
the burdens independently of the Indians. I f corruption, if
wrongdoing have been prevalent, as fa y as the settler is con­
YEAS— 17.
Bourne
cerned it has not come unofer my observation in the opening
Crawford
Richardson
Martine, N. J.
Brandegee
Cummins
Myers
Smoot
lands in my State under the‘provisions / f acts of practically t/ie Brown
Dixon
Nelson
same identical character.
\
j
Burton
Gronna
Nixon
McLean
Oliver
As far as fixing a set price for tme lands, that is hi/hly Clark, Wyo.
NAYS— 30.
improper and inequitable, in any ju/gm ent. With intelligent,
Gardner
Page
Simmons
competent appraisers, who personally go on and value the finds, Bacon
Bailey
Heyburn
Perkins
Smith, Ga.
their appraisement being subjedt to/review by the Secret/ry of Borah
Hitchcock
Poindexter
Smith, s. c.
the Interior, it seems to me it is ^ h / wise and the safe prfvision Bristow
Johnson, Me.
Pomerene
Swanson
Bryan
Lodge
Itayner
Thornton
to follow.
Chilton
Martin, Va.
Reed
Williams
The VICE PRESIDENT. I f
are no further amei lments Gallinger
O’Gorman
Root
Overman
Shively
to be offered to the bill as in Cq mittee of the Whole, it will Gamble
NOT VOTING— 44.
be reported to the Senate.
/
Davis
La Foilette
Smith, Mich.
.s amended a id the Bankhead
The bill was reported to thfe
Dillingham
Lea
Stephenson
Bradley
amendment was concurred in ./
Lippi tt
du Pont
Stone
Briggs
The bill was ordered to be e/grosse’j for a third readinsK and Burnham
Fletcher
Lorimer
Sutherland
Foster
Chamberlain
McCumber
Taylor
was read the third time.
Gore
Newlands
Tillman
Clapp
passage of the bill.1
Mr. BACON. I ask for a / rote on
Guggenheim
Owen
Townsend
Clarke, Ark.
Johnston, Ala.
Paynter
Warren
Crane
The VICE PRESIDENT. /T h e quest!* is on the passage
Jones
Penrose
Watson
Culberson *
es appear to have it. Sullom
the bill. [Putting the question.] The
Kenyon
Wetmore
Percy
Mr GAMBLE. I ask fof a roll call.
Works
Kern
Smith, Md.
CuKis
The VICE PRESIDENT. The Senator\from South Dakota
So the Senate refused to pass the bill.
asks for the yeas and n a y / on the passage < the bill.
3f
Mr. GAMBLE. I give notice of a motion to reconsider the
3
prc
ordered, and the Secretary proceeded vote by which the bill was defeated.
The jmas and nays
fo call the roll.
The VICE PRESIDENT. The Senator from South Dakota
Mr. CLARK of Wyo ing (when his nanfe was called). I enters a motion to reconsider the vote by,.which the bill failed
have a general pair wit the senior Senator frXm Missouri [Mr.
S t o n e ]. In his absencj I withhold my vote, I f he were pres- to pass.
p r o t e c t io n of u n ited statjes c o in s .
ent, I should vote
Mr. GALLINGER. I move that tin/ Senate proceed to the
Mr. BRYAN (when/Mr. F l e t c h e r ’ s name wa’ called). My
colleague [Mr. F l e t c h e r ] is necessarily absent fr a the Senate consideration o f executii e\usiness
Mr. SWANSON. Mr. Pre\ident
the Senator yield to me
fhis afternoon on public business.
Mr. GUGGENHEIM (when his name was calledV I have a for a moment?
Senator.
Mr. GALLINGER. I yield
general pair with the senior Senator from KenVucky [Mr.
Mr. SWANSON. I ask una
consent for the present
P a y n t e r ] , who is unavoidably detained from the Seinp.te to-day
consideration of the bill (S. 4651 to amend section 171 o f the
I therefore withhold my vote.
Mr. OVERMAN /when the name of Mr. J o h n s t o n ofVllabama penal laws o f the United States iproved March 4, 1909.
The Secretary read the bill,
there being no objection,
was called). I an/requested to announce that the Senator from
the Senate, as in Committee a
Whole, proceeded to its
Alabama [Mr. J o i / n s t o n ] is unavoidably detained.
Mr. OLIVER (when his name was called). I have a general consideration. It proposes to / menV section 171 of the penal
laws o f the United States, approved
irch 4, 1909, so as to read
Pair with the juifior Senator from Oregon [Mr. C h a m b e r l i n ]
/
I do not know IkAv he would vote. I f he were present, I should as follow s:
Sec. 171. Whoever within the "United States or any place subieot to
vote “ yea.”
?
the jurisdiction thereof shall make, or
procure to be made
Mr. SIMMONS (when his named was called). I am paired or shall bring therein from any foreign cau& or or shall have in nos
counYry,
with the junior Senator from Minnesota [Mr. C l a p p ] . If lie session with intent to sell, give away, or in aYy other manner use the
were present and I were at liberty to vote, I should vote “ nayY’ same, any business or professional card, notic<\ placard, token device




I

1484

CONGRESSIONAL RECORD— SENATE.

print, or impression,Nw- any other thing whatsoever, in the likeness or
similitude as to desigrfVcolor, or the inscription thereon of any of the
coins of the United Statfle or of any foreign country that have been or
hereafter may be issued ag money, either under the authority of the
United States or under theNjaithority of any foreign Government, shall
be lined not more than $10%. But nothing in this section shall be
construed to forbid or prevenffjho printing and publishing of illustra­
tions of coins and medals or thc^piaking of the necessary plates for the
same to he used in illustrating hpmismatic and historical books and
journals and school arithmetics and the circulars of legitimate pub
Ushers and dealers in the same.

Mr. LODGE. Mr. President, may I ask just what the amend­
ment of the law Is that is proposed?
Mr. SWANSON. I will state very succinctly. Under the
present law it is impossible to have any impressions, prints,
tokens, or devices of the coins of the United States in school
arithmetics. You can have them in journals and circulars
issued by anybody who sells coins and in historical works and
other publications, but you can not have them in school arith­
metics, where the value of coins is taught. There is a pub­
lishing company-----Mr. LODGE. That is the only amendment of the law?
Mr. SWANSON. That is the only amendment. It simply in­
serts “ school arithmetics.” There is now a publishing company
that has issued many thousand books that will be affected by
the amendment of the law.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.

J anu ar y 29,

G.
Gale Gilbert to be postmaster at Mount Vernon, 111., jn
place of G. Gale Gilbert. Incumbent’s cominission expired
February 27, 1910.
Samuel It. Thomas to be postmaster at Oblong, 111., in place
of Samuel R. Thomas. Incumbent’s commission expired De­
cember 11, 1911.
INDIANA.

Harry C. Linkhart to be postmaster at Hobart, Ind., in place
of Harry C. Linkhart. Incumbent’s commission expired Jan­
uary 20, 1912.
IOWA.

Ulysses G. Mauk to be postmaster at Tabor, Iowa, in place of
Ulysses G. Mauk. Incumbent’s commission expired December
9,1911.
II. E. Wyatt to be postmaster at Rockford/Iowa, in place of
II. E. Wyatt. Incumbent’s commission expires February 4,1912.
KANSAS.

Wiliam II. Bondurant to be postma/fer at Ness City, Ivans.,
in place of William II. Bonduranty Incumbent’s commission
expired December 9, 1911.
Ida L. Cason to be postmastej/at Lakin, Ivans., in place of
Ida L. Cason. Incumbent’s commission expired December 11,
1911.
/
Zelma P. Jackson to be postmaster at Coldwater, Ivans., in
place of Zelma P. JacksoS. Incumbent’s commission expired
January 9, 1912.
EXECUTIVE SESSION.
\
William A. Morgan to be postmaster at Lansing, Ivans., in
Mr. GALLINGER. I renew my motion that the Senate pro­
j, place of William A. Morgan. Incumbent’s commission expires
ceed to the consideration of executive business.
The motion was agreed to, and the Senate proceeded to the February 12, 1912.
consideration of executive business. After eight minutes spent \
/
in executive session the doors were reopened, and (at 4 o’clock
Gerry A. Proctor to be postmaster at Rangeley, Me., in place
and 48 minutes p. m.) the Senate adjourned until to-morrow, of Gerry A. Pr^fctor. Incumbent’s commission expired Decem­
Tuesday, January 30, 1912, at 2 o’clock p. m.
ber 11,1911. /
f

NOMINATIONS.
Executive nominations received by the Senate January 20, 1012.
A ssist a n t C ollector

of

C u stom s .

William II. Turnbull, of New Jersey, to be assistant collector
of customs for the port of Camden, N. J., in the district of
Philadelphia, in the State of Pennsylvania, in place of Frank F.
Patterson, deceased.

MASSACHUSETTS.

LilliaSi Qf Alexander to be postmaster at Nortlifield, Mass., in
place of Charles H. Webster. Incumbent’s commission expired
December iS, 1911.
/

MICHIGAN.

Frank N. Gireen to be postmaster at Olivet, Mich., in place of
Frank N. Green. Incumbent’s commission expired December
1/1911.
\
/ Neal McMillaA.to be postmaster at Rockford, Mich., in place
U nited S tates A ttorney .
Clara
Sherman T. McPherson, of Ohio, to be United States attorney,j of Gerrit Spore, deceased. be postmaster at Holland, Mich., in
Van Schejhen to
southern district of Ohio. (A reappointment, his term havi
place of Gerrit Van\,Scheken. Incumbent’s commission expired
expired.)
December 11,1911. H
,
P romotion in th e A r m y .
1
William P. Stiles to be postmaster at Coopersville, Mich., in
COAST ARTILLERY CORPS.
/
place of William P. Stiles. Incumbent’s commission expired
Second Lieut. Ralph C. Harrison, Coast Artillery Corp£ to be December 18,1911.
first lieutenant from January 24, 1912, vice First Lieut/Chester
Samuel L. Willits to bis postmaster at Remus, Mich., in place
H. Loop, dismissed January 23, 1912.
/
of Samuel L. Willits. Incumbent’s commission expired Janu­
ary 23,1912.
\
A ppointm ent in t iie A r m y .
/
COAST ARTILLERY CORPS.

J

Harold De Forest Burdick, of Kansas, ensign,'United States
Navy, to be second lieutenant in the Coast Artillery Corps, with
rank from December 19, 1911.
/
P ostm asters .
CALIFORNIA.

John Ainscough to be postmaster at Banning, Cal., in place
of John Ainscough. Incumbent’s cominission expired January
9, 1912.
/
Charles E. Bauer to be postmaster at Courtland, Cal. Office
became presidential January I, 19,12.

NTANA.

Mary L. Boehnert to be postmaster at Glasgow7 Mont., in place
,
of Mary L. Boehnert. Incumbent’s commission expires Feb­
ruary 19, 1912.
George E. Bolster to be postmaster at Plentywood, Mont.
Office became presidential JanuarV 1, 1912.
NEW MEXICO.

Henry Rankin to be postmaster atW ida, N. Mex., in place of
Henry Rankin. Incumbent’s commisMon expires February 17,
1912.
NEW YORK.

Fernando II. Reeves to be postmasteiNat Brownville, N. Y.,
COLORADO.
in place of Mary A. Booth. Incumbent’s^ commission expired
Jennie Ross to be postm as/r at Cheyenne Wells, Colo., in December 10, 1911.
place of Jennie Ross. Incumbent’s commission expires Feb­
Ulysses G. Sprague to be postmaster at Pidnce Bay, N. Y., in
ruary 10, 1912.
/
place of Ulysses. G. Sprague. Incumbent’s Ctemmission expires
/CONNECTICUT.
February 19, 1912.
W. Franklin Sheldon to be postmaster at Moosup, Conn., in
NORTH DAKOTA.
place of William HyTveuyon. Incumbent’s commission expires
Edmund Iv. Cavileer to be postmaster at Pembina, N. Dak.,
February 3, 1912.
in place of Edmund Iv. Cavileer. Incumbent’s commission ex­
C. Leon Wilcox to be postmaster at Windsor Locks, Conn., pires February 4, 1912.
in place of Alfred W. Converse, deceased.
OKLAHOMA.
ILLINOIS.

William A. Collins to be postmaster at Western Springs, 111.,
in place of William A. Collins. Incumbent’s commission ex­
pired January 29, 1912.
Theodore A. Fritehey to be postmaster at Olney, 111., in place
of Theodore A. Fritehey. Incumbent’s commission expired
January 28, 1911.




Maud C. White to be postmaster at Quinton, Okl&y Office
became presidential January 1, 1912.
PENNSYLVANIA.

\

Otto E. Enders to be postmaster at Elizabethville, Pa., in
place of Otto E. Enders. Incumbent’s commission expires Feb­
ruary 11, 1912.

CONGRESSIONAL RECORD— SENATE.

----------------------------------------------------------^ ----------------------------------------------------------

1519

By Mr. OW EN:
; is now before the Senate. A great many good people of the
A bill (S. 494G) authorizing the Court o f Claims to consider rcountry acting conscientiously have come to the conclusion that
and adjudicate the claim of the Eastern Clierokees; to the Com­ this bill ought to become a law, and they have not failed to tell
the representatives of the people of their wishes in that regard.
mittee on Indian Affairs.
^
Last evening, under a special-delivery stamp, I received a letter
AMENDMENTS TO APPROPRIATION BILLS.
Mr. LODGE submitted an amendment proposing to appro­ from a most estimable lady in Washington, who.is at the head
priate $15,000 to pay the necessary expenses incurred and eom- o f a civic federation, the officers of which are sjmong the fore­
pensatioiiNfor services rendered in the examination and prepara­ most people, men and women, o f this country, urging the
tion of cases involving the use, distribution, or diversion of passage o f this b ill; and yet, Mr. President, this is not a one­
waters, and\tlier questions or matters o f difference covered by sided question by any manner of means. There are most excel­
the treaty of Ja n u a ry 11, 1909, between the United States and lent people who see in this bill an attempt to legislate in the
Great Britain,Ntc., intended to be proposed by him to the diplo­ wrong direction, and who are opposed to it.y' I have been inter­
matic and consular appropriation bill, which was referred to ested to observe that the American Humane Association, an
the Committee oi\Forcign Relations and ordered to be printed. organization that has perhaps done more ®ffr the children of the
Mr. BRIGGS submitted an amendment relative to the appoint­ country than any other organization Hurt ever existed in the
ment of cadets to tlfc Military Academy from any State at large, United States, is very strongly opposed^ to the proposed legis­
lation ; and Mr. Elbridge T. Gerry, knowp to Senators generally,
etc., intended to bekproposed by him to the Military Acad­ who founded that great organization, as very outspoken in his
emy appropriation b\l, which was ordered to be printed and, a
opposition to it, as
0 . Lindsay, the president
with the accompanying papers, referred to the Committee ojf o f that association. is also Mr. John,Stillman, of Albany, N. Y.,
Dr. William O.
Military Affairs.
president of the American Human# Association, declares his
REGULl ION OF IMMIGRATION.
£
opposition to this bill in these woe |
Mr. WATSON submit!
an amendment intended to be jiroWhile I am heartily and sincerely
favor of all proper legislation,
posed by him to the bill
3175) to regulate the immigration for the protection of childhood and it# proper supervision and study, I
do not approve of the attempt to cenjfi'alize all efforts in this direction
of aliens to and the resit
o f aliens in the United Siates,
in a department of the Federal Government.
which was ordered to lie
e printed. m
In the first place it would disco®rage individual initiative in the

I

. ROGERS.

&

w ith Senate? bill 165.
, withdrawn from
rs, be by J. C. South,
jreon.passed the- fol*

different States, and in the diversity of study and interest lies the
greatest opportunity for progress. ■
In the second place, Federal Government has little or no power in
the direction of enacting laws for the protection of childhood, and a
Federal bureau for that purpose would practically he an academic in­
stitution.
it
In the third place the tendency at the present time is, I am con­
vinced, to make existing bureaus of this description too theoretical
and not sufficiently practical. JpVhat is needed for the proper protec­
tion of childhood is not theoijgsts and dreamers, hut practical workers
like those found in Societies w r the Prevention of Cruelty to Children.
This is a self-evident truth, s f ;
In the fourth place, I bel|teve that there is a tendency toward too
much paternalism in these nfattteys in this country and too little dispo­
sition to give homes a chance to manage their own affairs. There is
too frequently an invasion dfhd defiance of personal rights and a mani­
fest conviction that the theorists; and dreamers are the only ones who
have a right to have opinions on home management.
In the fifth place, I an&tronglw inclined to believe that the creation
of a Federal child bureau would wesult in placing the study of child
protection in an official way almosSf wholly in the hands of the library
student and the statistiiSan.
In conclusion, I wofid call your attention to the fact that the
scheme for a Federal Children’s bureau was unanimously condemned
at the thirty-fifth annuls meeting or%he American Humane Association,
which was held in San#Francisco during October last.

Mr. President, infopening the discussion the junior Senator
he act ( S. Res.
? resolution relating from Idaho [Mr. Bb 'r a h ] used an argument that we very fre­
hear, w hit* was
Congress
be quite
Committee to Audit quently appropriate- moneythat tak f care seems tocattle and will­
ing to
to
of the
the
Senate:
Worses and the sheep and the hogs o f the Nation, while it is
or jfiiy subcommittee very loath to matte an appropriation for the women and the
ion# Congress to send
Mr. President, that argument has
deploy stenographers children of the Country.
' fe had in connection been worn threadbare; we have read,it in the newspapers; we
te
t#d committee, and to have heard it o\?fir and over again hdte and from the rostrum ;
[rings printed for the but there is no||tnucli in it. The trifth is that dumb animals
ings shall be paid out
ommittee and subcom- need protectionjliecause they can not\. protect themselves, and
Senate.
the further fa e f is that unless we did protect the animals who
furnish food tof'tlie human family the mothers and the children
MESSAGE FROM THE I^JC
o f the countryv’would suffer serious consequences.
A message from the House of Representati1
But, Mr. President, we are not parsimonious in the matter of
Its Chief Clerk, announced that the Blouse L
appropriations for the preservation of tlifc public health in the
lowing bills, in which it requests the Jjpncurre:
United State!; indeed, we are very liberally making appro­
II. It. 1G18. An act amending paragraph G
priations. I asked my secretary to go through the laws which
to the Metropolitan police force; and
had been passed during the last session of Congress, and he
H.
R. 18G42. An act to amend am act entitled
act to pro­
reports to mfe that we appropriated for purposes of health in
vide revenue, equalize duties, and encourage tholindustries of the United 'States $10,443,708. So we liavt; not been parsi­
the United States, and for other purposes,” approved August 5, monious, but, on the contrary, we have been most; liberal in our
1909.
appropriations for the protection of the healti| of the American
. The message also returned t® the Senate, in compliance with people. That enormous sum is supplemented %y appropriations
Rs request, the bill (S. 3087) for the relief of the Pfcnt Invest­ by every State and city in the country, which Sjwell the amount
ment Co., of New York, N. Y #
o verv great proportions.
ENROLLED*) BILLS SIGNED.
Now, Mr. President, the bill which is before us is as follow s:
The message further announced that the Speaker o f tflfe House % B e i t en a cted , etc .. That there shall be established iif the Department
ot Commerce ami Labor a bureau to be known as the Children's Bureau
mid signed the following enrolled bills, and they were thereupon
* ec. 2. That the said bureau shall be under the dire&tion of a chief’
signed by the Vice President:
to«be appointed by the President, by and with the advice and consent of
S -1650. An act to amend section 110 o f “ An act to fedify, tins*.Senate, and who shall receive an annual compensation of $ 5 0 0 0
said
investigate
upon all
revise, and amend the laws relating to the judiciary,” api%>ved Tintto thebureau shall children and and report and shall matters pertain­
ing
welfare of
child life,
especially inves­
March 3, 1911;
J
„
tigate the questions of infant mortality, the birth r a ti orphanage
II. R. 2973. An act to .a mend an act entitled “An act to co®fy, juvenile courts, desertion, dangerous occupations, accidentsVand diseases
employment,
children in.,the several
revise, and amend the law s relating to the judiciary,” approved of children,Territories, andlegislation affecting have a bearmg upon the
States And
such other facts as
March 3, 1911; and '
welfare of children. The chief of said bureau may from tmie to time
publish the results of these investigations..
II. R. 11321. An act to authorize the Twin City & Lake Sui
be in said
rior Railway Co. to construct a bridge across the St. Crop forSec . 3. That there shall chief, to bebureau, until otherwise provided
by law, an assistant
appointed by the Sefcetary of
liver between Chisago County, Minn., and Polk County, Wis.
Commerce and Labor, who shall receive an annual compensation of
Mr. REED. Mr. President, will the bills which have been!
received x l v i ithe other House lie over without being referred
from r
9G
^ m n m ittees until the special order is disposed of?
The VICE PRESIDENT. The bills will remain on the Vice
 table until they are laid before the Senate, which
1 resident’s
http://fraser.stlouisfed.org/
Will not be until' after the special order has been disposed of.
Federal Reserve Bank of St. Louis
o f the
* PRINTING. Senate:

1520

CONGRESSIONAL RECORD— SENATE.

J anu ar y 30,

Mr. OVERMAN. They reported fTinC They found people who
had no stoves, who were cooking in the fireplace, and who
were not eating anything but corn bread and fried meat. I
presume the Senator has that conditionym. New Hampshire or
has had it in the days gone by.
/
%
Mr. GALLINGER. That is the way my mother used to cook,
I will say to the Senator, and shtywas the mother of 12 good
healthy children, 9 of whom are living.
Mr. President, a few years ago—five years ago to a clay—tlie
Mr. OVERMAN. And that iaf the way my mother cooked.
following bill became a law:
I do not see what the Federal /Government has got to say as to
Be it enacted, etc.. That the Secretary of Commerce and Labor he, whether my mother cooks b e / corn broad in a skillet or on a
and he is hereby, authorized and directed to investigate and report on stove.
/
the industrial, social, moral, educational, and physical condition ot
Mr. GALLINGER. Now/ Mr. President, in considering this
woman and child workers in the United States wherever employed,
with special reference to their age, hours of labor, term of employ­ question, I have tried to l/ok at it reasonably and thoroughly.
ment, health, illiteracy, sanitary and other conditions surrounding their I have no prejudices or, prepossessions. If I have any pre­
occupation, and the means employed for the protection of their health,
possessions, they are in.favor of doing anything that might be
person, and morals.
Sec. 2. And for the purposes of this act the Secretary of Commerce asked for the benefit o f the women and children of the United
and Labor is hereby directed to utilize in so far as they be adequate States; but in lookin/over this matter I have not been able to
the forces of the Bureau of Labor and Bureau of Census.
find that there are such grave abuses as some gentlemen im­
Sec. 3. That this act shall take effect immediately.
Approved, January 29, 1907.
agine exists. I fmij/that in the mill villages, North and South,
We even went to the extent, Mr. President, in that law of there are night schools liberally supported by the mill owners’
placing in the hands of the National Government, through clerks and in most StataC there is a compulsory education law, which
and agents that were sent out over the country, the power to takes care to a yery large extent of the employment of children
go into the homes and the communities of the several States in our factorie/. There are doubtless some abuses and there
and inquire into the morals of the people—a most extraordi­ are violations fit the law, as there are violations of every other
nary power, it seems to me. No appropriation was made in that law that is oft the statute books. I find that one expert made
bill, and I call attention to that fact for the reason that it is this report f s to the moral conditions of the mill operatives:
said, “ Oh, there is only $29,000 appropriated in this hill; it is
In nearly/fell of the smaller mill villages, in all the States alike, the
a mere bagatelle; it does not amount to anything ” ; but, Mr. operatives aR a body are sober and well behaved. There is usually good
order and /But little drinking, and there is seldom need for a civil officer
President, by going to the Revised Statutes, I find that very to make i n arrest. In the country mills, especially, this is true, in
shortly after the passage of that bill an appropriation of practically all country mill villages the moral standard is high, in
$150,000 was made to carry out the purposes of that simple those villages the people live so closely together that their actions are
known/to all
and
little bill that we passed while sitting in our seats and paying will not he sotheir neighbors, and immorality can not be concealed, who
readily tolerated as in larger communities. Persons
little attention to it. The Senator from North Carolina [Mr. . may/he guilty of immoral practices are forced to move, either by the
O verm an ] said we appropriated $300,000, but I think, unless milPofficials or by general sentiment among the operatives themselves.
In the
mills the moral standard of the
there was a subsequent appropriation, the amount appropriated operativescitiesawhere there are several is high. The standard depends
in
majority of the mills
largely xrpon the attitude of the mill managers and the character of the
was $150,000.
Mr. OVERMAN. It was $300,000. After that it cost $S9,000 /overseers. Many mill officials hold themselves responsible for the conanyone known to
to print the report; and instead of there being 19 volumes, as In­ 'duet of their operatives, and will not permitthe mill company. he im­
moral to occupy the houses which belong to
stated on a former occasion, there are 45 volumes, about 20-odd
Mr. President, that is a great tribute to the mill operatives,
volumes yet to be printed. I went to the document room a p
asked how many volumes had been distributed, and I tiling I and if any good comes out of this report that paragraph ought
to be placed at the head of any finding that may be reached.
was told 5 out of the entire number printed.
/
They did find that in some o f the mill towns the boys chewed
Mr. GALLINGEIt. Mr. President, I also went to the docu­
ment room; I knew nothing about this until the Senate/ from tobacco, smoked, and did some other things that would likely
North Carolina called attention to it; and I got 12 /m imes. be better for their health and their morals if they refrained
This [exhibiting] is volume 1, one of the larger vo/imes of from doing; but, Mr. President, we need not go beyond the con­
the series. Some of them are much smaller, and I/w as told fines of the District of Columbia to find that those same prac­
there was quite a number to follow. I have b / n looking tices are prevalent in the higher levels of society and even
indulged in by women. There is nothing in this report, how­
this one volume over-----.
/
ever, that goes to show that the “ turkey trot ” has been in
Mr. BORAH. Mr. President-----/
The VICE PRESIDENT. Does the S e n a t/ from NeW vogue in the mill towns of New England or of the South. So
that when we come to the question of morals in the mill towns
Hampshire yield to the Senator from Idaho?
/
we can safely confine ourselves to the facts rather than to
Mr. GALLINGER. Certainly.
/
air. BORAH. Do I understand that the S/nator from New arraign a community or a great industry because of some
things such as these agents discovered to exist.
Hampshire thinks that the appropriation wag too large?
Mr. President, let us look'at this bill and see what it proposes
air. GALLINGER. The Senator from N /v Hampshire does
not think the appropriation was too largf for the work that to do. What are they going to investigate that has not been
was done, but he thinks that the w o r / that was done was investigated? They are going to inquire—
Upon nil matters pertaining to the welfare of children and child life
absolutely of no account. lVlio on earni is going to read IS
’
volumes on this or any other subject in this busy age of ours? and shall especially investigate the questions of Infant mortality.
Mr. President, I have a bulletin that came to me three days
arr. BORAH. The point I desired/io suggest was, that the
fault was likely the result of the jriaccuracy of action upon ago from the Census Office which deals with this very question
the part of Congress rather than due to the cause for which and why do we want to duplicate it? It gives the general
the money was appropriated. I P Congress had appropriated death rate, causes of death, death of infants from each cause
$50,000 or $25,000 the work whiqh was necessary to have been by days for the first week of life, by weeks for the first month,
done would bave been done, and the unnecessary work would and by months for the first two years. That work has already
not have been done; but the eattse itself is not to be condemned been done by the Census Office, and yet in this bill we propose
because Congress does not properly exercise its judgment in to establish a new bureau for the purpose of inquiring into
that same question of infant mortality.
taking care of the situation, ,/
Mr. GALLINGER. Mr. President, every uplifter wlio to-day
“ The birth rate.” Why, Mr. President, I apprehend that
is demanding that we shall pass this bill demanded that we every State in the Union lias a board o f health. I apprehend
should appropriate this large amount of money. If we had that every city in this country has carefully collated vital
not appropriated it, it/w ould have been said that we were statistics that answer that question; and just what good is
unresponsive to the benevolent and Christian demands of the going to come out of the Government of the United States
people of the country. The money was appropriated; the inquiring in the several States as to the birth rate and pub­
money was spent in / i e investigation by clerks and by so-callecl lishing it in a bulletin is beyond my comprehension.
special agents; and the result is that we have got this mass of
“ Orphanage, juvenile courts.” Mr. President, we bave a
printed matter, which will go into the scrap heap in a very juvenile court in the District of Columbia—I think one of the
short time because' nobody is going to take the time to read it. best in the country—and I venture the suggestion, for the bene­
They inquired Into the morals of the people. The Senator fit of the good people who are promoting this legislation, that
from North Carolina says that they found in his State that a $900 clerk in. that court will answer every question that can
boys were chefrwjjg tobacco. I believnthey did not find tM t be 'propounded to him from every city in every State of the
;
sin prevalent in tiuT'NTnr England States, although I presume American Union, and give the inquirers all the information
there are some people who indulge in that bad habit even in that they possibly could desire to procure concerning the opera­
New England.
tion of juvenile courts. Why should the Government go into
$2,100; 1 private secretary to the 'chief of the bureau, who shall
receive an annual compensation of $1,500; 1 statistical expert, at
$2,000 ; 2 clerks of class 4 ; 2 clerks of class 3 ; 1 clerk of class 2 ; 1
clerk of class .1; 1 clerk, at $1,000: 1 copyist, at $900; 1 special agent,
at $1,400; 1 special agent, at $1,200; and 1 messenger, at $1,440.
Sec. 4. That the Secretary of Commerce and Labor is. hereby directed
to furnish sufficient quarters for the work of this bureau at an annual
rental not to exceed $2,000.
Sec. 5. That this act shall take effect and be in force from and
after its passage.




CONGRESSIONAL RECORD— SENATE

1912.

------------------------------------------- .------------------ --------- ---- —
-----yP------------removal of the special tax on oleomargarine; to the Committee
on Agriculture.
Also, memorials of Brokenstrau Grange, No. 407, Patrons of
Husbandry, of Youngsville, P a .; o f Farmington Grange, No. 837,
Patrons of Husbandry, of Russell, P a .; of Lake Grange, No.
134G, Patrons of Husbandry, o f Mills, P a .; of Mountain Grange,
No. 1152, Patrons of Husbandry, o f Tidioute, P a .; o f Rasselas
Grange, No. 11S, Patrons o f Husbandry, o f Wilcox, P a .; and
of Summit Grange, No. 1115, Patrons o f Husbandry, o f St.
Marys, Pa., asking that certain defects existing in the Federal
statutes governing the traffic in oleomargarine be remedied; to
the Committee on Agriculture.
Also, memorial o f the First Presbyterian Church of Warren,
Pa., in favor of House bill 1G214, for the passage o f an effective
interstate liquor law ; to'th e Committee on the Judiciary.
By Mr. STEPHENS of Nebraska: Petition of Roy G. Shelter,
o f Petersburg, Nebr., protesting against the passage of Senate
bill.237; to the Committee on the District of Columbia.
By Mr. S U L ZE R : Memorial of the Chicago Backer Gesang
Verein, o f Chicago, 111., urging investigation of the administra­
tion of the immigration office at Ellis Island; to the Committee
on Immigration and Naturalization.
By Mr. T IL SO N : Memorial of London (Conn.) Business
Men’s Association, against abolishment of the Revenue-Cutter
Service; to the Committee on Interstate and Foreign Commerce.
By Mr. UN DERH ILL: Petition o f citizens o f Tomlesville,
N. Y., protesting against the passage of any bill to reduce the
duty on potatoes; to the Committee on Ways and Means.
By Mr. U TTER : Papers to accompany House bill 11463;
granting an increase o f pension to Warren M oone; to the Com­
mittee on Invalid Pensions.
.
y
Also, papers to accompany bill granting an increase o f penF
sion to Lewis B. F ield ; to the Committee on Invalid Pensions^
Also, petition of Benjamin A. Northup and other citizeiylf of
Davisville, R. I., favoring the Snlzer parcel-post b ill;
the
Committee on the Post Office and Post Roads.
/
Also, petition of J. E. Warburton and 3 other citizens of
Pawtucket, It. I., favoring the Sulzer parcel-post buff; to the
Committee on the Post Office and Post Roads.
/
Also, petition of Grange No. 44, Patrons of I husbandry, in
favor of parcel post; to the Committee on the Hist Office and
Post Roads.
/
By Mr. W H IT E : Petitions of citizens o f ifluskingum and
Washington Counties, Ohio, remonstrating aapinst any legisla­
tion to extend the parcel-post system; to thgrCommittee on the
Post Office and Post Roads.
/
P>y Mr. YOUNG o f Kansas: Petitions ofJutizens o f Beloit and
Osborne, Ivans., remonstrating against extension of the parcelpost system ; to the Committee on tli^ Post Office and Post
Roads.
/
Also, petition of citizens of the Stjfte of Kansas, in favor of
the Berger old-age pension b ill; to Jme Committee on Pensions.
Also, petitions o f citizens o f IHfnsas, asking for a general
parcel-post la w ; to the C om m it^ / on the Post Office and Post
Roads.

/

Also, petitions o f citizens o f Wfmsas, asking a reduction o f the
duties on raw and refined sujfars; to the Committee on Ways
and Means.
f
SENATE.
W EDNESiyrv,

January 31, 1912.

( Continuation of IcgislJtive day of Tuesday, January 30, 1012.)
The Senate met atytlie expiration of the recess, at 12 o’clock
hr, Wednesday, Jantruy 31, 1912.

/ PLANT

IN V E S T M E N T CO.

The VICE PRESIDENT laid before the Senate the bid (S.
3087) for the relief of the Plant Investment Co., o f New York,
A- Y., returned Jrom the House of Representatives in compliance
with the requast of the Senate.
The V ICE /PR ESID E N T. Without objection, the vote by
Which the biif was passed is reconsidered, a motion therefor hay­
ing heretofore been entered; and, without objection, the bill is
recommitted to the Committee on Claims.

/

H O U S E B IL L REFERRED.

H. Ik 1618. An act amending paragraph G o f the act relating
to the Metropolitan police force was read twice by its title and
deferred to the Committee on the District of Columbia.
THE

M ETAL

SCHEDULE.

The bill (II. R. 18G42) to amend an act entitled “An act to
provide revenue, equalize duties, and encourage the industries




o f the United States, and for other purposes,” approved August
5, 1909, was read twice by its title.
Jr
Mr. REED. I move that the bill just rejy f be referred to
the Committee on Finance with instructioiyf to report within
20 days from this date.
f
The VICE PRESIDENT. The SenatmTfrom Missouri moves
that House bill 18G42 be referred to
Committee on Finance
with instructions to report the saidrlbill back to the Senate
within 20 days from this date. The question is on agreeing to
the motion o f the Senator from Missouri.
Mr. PENROSE. Mr. Presidyfr, of course the Committee on
Finance will have to abide J # the decision of the Senate on
this question. I simply desm> to call the attention of the Sen­
ate to the fact that apparently no opportunity has been given in
the House of Representatives or by the Committee on Ways and
Means to give the vast ifnd numerous interests concerned in this
schedule any opportunity for a hearing. I am in receipt, as I
suppose other mciyllcrs of the committee and other Senators
are, o f numerousyvequests for an opportunity on the part of
manufacturers Jo present their views regarding the several
paragraphs ofJPne bill.
I do not lylneve it will be possible to give an opportunity for
a proper h ir i n g within the time fixed by the motion of the
Senator Jr>m Missouri. Many of the persons who desire a
hearineyfeside on the Pacific coast and at a distance and they
have J rcon fer with their associates in order to select the personsJvho are most competent and best able to come here to
reia^esent them. Anyone who is at all conversant with the ordi­
nary course o f these matters will realize, without further explajmtion, that the time fixed makes it physically impossible to
^give a fair hearing to the parties concerned, and it is mani­
festly unfair to discriminate by giving an opportunity to those
near by to be heard and not afford an equal and similar oppor­
tunity to those at a distance.
I simply desire to record my protest-----Mr. LODGE. Mr. President-----The VICE PRESIDENT. Does the Senator from Pennsyl­
vania yield to the Senator from Massachusetts?
Mr. PENROSE. I do.
• Mr. LODGE. I only desire to make a point o f order.
The VICE PRESIDENT. The Senator from Massachusetts
will state his point o f order.
Mr. LODGE. The Senate is now acting under a unanimousconsent agreement, which was to take up the children’s bureau
bill and dispose of it on the same legislative day. A unanimousconsent agreement of that character has always been held in
the Senate to exclude all other business. The question of the
reference of a bill which may lead to a great deal of debate is
certainly other business.
The VICE PRESIDENT. The Chair thinks that the pro­
vision o f the rule which permits the Chair to lay before the
Senate at any time messages from the House o f Representa­
tives makes it permissible for the Chair to lay this measure,
before the Senate now. But if it is the desire o f the Senate
to proceed with the special order, the Chair feels sure that all
Senators would be entirely willing that the Chair shall with­
draw the message now from presentation, and present it later.
Mr. LODGE. I did not intend to make a point o f order on
the Chair’s laying the message before the Senate, which may
be done at any time. I make the point of order on the intro­
duction o f new business, which is to refer the bill with in­
structions, in the middle o f a unanimous-consent agreement.
I think the question o f reference ought to go over.
The VICE PRESIDENT. It seems to the Chair that there
must accompany the right to lay a proposition before the
Senate a disposition o f it in some way. But the Chair sees
no possible objection to the Senate permitting the matter to
stand until the other business is disposed of.
Mr. REED. Mr. President, I am inclined to concur in the
opinion o f the Senator from Massachusetts. All that can be
done is merely to lay the matter before the Senate, but with­
out any action by the Senate at this time. Nevertheless, be­
cause the bill was laid before the Senate, and under the
ordinary procedure here it goes to some committee, I thought
it was necessary to make the motion at this time. I am quite
content that the matter shall be held in abeyance until we have
disposed of the matters included within the unanimous-consent
agreement. /
Mr. PENROSE. I would suggest to the Senator from Massa­
chusetts that he do not press his point of order. The matter
has come up while many Senators who are interested in the
question are present in the Chamber. It will be very uncer­
tain when it will come up again,-and it might be quite in­
convenient for many o f us.

1564

CONGRESSIONAL RECORD— SENATE.

J anu ar y 31,

— ----------------------------------------------------------- -r--------------------------Mr. BOIiAH. Mr. President, I desire j/6 call for the regular the Labor Bureau. It will recommend whatever appropriation
is necessary to carry out the duties prescribed in the bill.
order.
jf
The Senator will remember that the Bureau- of Labor was
The VICE PRESIDENT. The Chaijj^xhinks the regular order
is the disposal of the bill which heJ^hs laid before the Senate. ordered to make the prior investigation, and the bill carried no
The Chair is not inclined to the opinion expressed by the Sena­ appropriation whatever. Therefore the Secretary of the In­
tor from Massachusetts that therejfioes not accompany the right terior sent an estimate to the Appropriations Committee of the
to lay before the Senate a message from the House the dis­ amount necessary to carry out the provisions of the bill, and
the money was duly appropriated. Of course, Congress having
posal of that message.
f
Mr. LODGE. Mr. P re sid e ^ I said I did not want to press provided for this investigation to be made, it will necessarily
that point; but under the jffnanimous-consent agreement I do make the necessary appropriation to carry it into effect.
Mr. IIEYBURN. I did not catch the word. Was it to collate
not think any other busings, laying messages or anything else,
is in order. That is mei^y my opinion that I offer. I do not or was it to collect information?
Mr. OVERMAN. “ The Bureau of Education, under the di­
think anything can supersede the unanimous-consent agreement.
rection of the Secretary of the Interior, shall investigate and
Mr. BORAH. Mr. Resident-----The VICE PRESIDENT. May the Chair suggest the reading report.”
Mr. IIEYBURN. Oh, that is it.
of the rule? SectioiyC! of Rule VII is:
The VICE PRESIDENT. The question is on agreeing to the
Tlie Presiding O fF may at any time lay * * * and any ques­
ffice
tion pending at thatyfime shall he suspended for this purpose.
amendment of the Senator from Ohio [Mr. P o m e r e n e ] , which
Mr. LODGE. A unanimous-consent agreement, I think, sets the Secretary will read.
Mr. POMERENE. The amendment which was offered the
that rule aside^md suspends it, because otherwise the unani­
mous-consent Agreement would be almost valueless. Business other day was somewhat hastily drawn, and I have redrafted
might be laidr before the Senate to any extent and destroy'all it, making it a little more definite but adding nothing in addi­
the time foy debate under the unanimous-consent agreement.
tion.
The VICE PRESIDENT. May the Chair make this sugges­
The VICE PRESIDENT. The Senator from Ohio with­
tion, whiyi will obviate all difficulty. Without objection, the draws his former amendment and offers the following amend­
messagey from the House will lie upon the table for future ment, which will be read.
disposal
The S e c r e t a r y . On page 2, lines 7 and 8, strike out the words
Mr/REED. That is satisfactory.
“ The chief of said bureau may from time to time publish the
Tim VICE PRESIDENT. Is there objection? The Chair results of these investigations ” and in lieu insert:
hears none. The Chair lays before the Senate Senate bill 252.
The chief of said bureau shall tabulate the reports so collected, and
PRO PO SED

C H IL D R E N ’ S B U R E A U .

The Senate resumed the consideration of the bill (S. 252)
to establish in the Department of Commerce and Labor a
bureau to be known as the children’s bureau.
The VICE PRESIDENT. The pending question is on the
amendment proposed b y the Senator from Ohio [Mr. P o m e r e n e ] .
Mr. OVERMAN. Mr. President, before the discussion is pro­
ceeded with, I desire to offer a substitute for the bill. I will
ask the Secretary to read it.
The VICE PRESIDENT. The Senator from North Carolina
proposes a substitute for the entire bill?
Mr. OVERMAN. Yes, sir.
The VICE PRESIDENT. An amendment is pending, which,
of course, must be disposed of before the substitute can be
voted upon.
Mr. OVERMAN. What is the pending amendment?
The VICE PRESIDENT. The amendment of the Senator
from Ohio [Mr. P o m e r e n e ] , A motion to strike out and insert
can not be entertained without first perfecting the matter
which it is proposed to strike out.
Mr. GALLINGEIt. Let the proposed substitute be read for
the information of the Senate.
Mr. OVERMAN. Let it be read for information.
The VICE PRESIDENT. The Secretary will read the pro­
posed substitute.
The S e c r e t a r y . It is proposed to strike out all the text o f
the bill and to insert after the enacting clause:
That the Bureau of Education, under the direction of the Secretary
of the Interior, shall investigate and report upon matters pertaining
to the welfare of children and child life, having especial reference to
questions of infant mortality, the birth rate, orphanage, juvenile
courts, desertion, dangerous occupations and accidents incident thereto,
diseases of children, employment, legislation affecting children in the
several States and Territories, and such other facts of like nature as
have a bearing upon the welfare of children.
Sec. 2. The results of the investigation herein directed and provided
for shall be reported to the Secretary of the Interior on or before the
1st day of February, 1913, and the Secretary of the Interior shall
forthwith transmit the same to Congress. Congress shall make pro­
vision for the publication and distribution of said reports, or so m
uch
thereof as may be deem necessary and proper.
ed

shall from time to time publish said compilations and tabulations, to­
gether with such recommendations as he may deem proper, but the
details of said reports shall not be disclosed.

The VICE PRESIDENT. The question is on agreeing to the
amendment of the Senator from Ohio.
The amendment was rejected.
The VICE PRESIDENT. The question now is upon the sub­
stitute proposed by the Senator from North Carolina [Mr.
O v e r m a n ].

Mr. GALLINGER. I offer the following amendment to the
bill.
The VICE PRESIDENT. The Senator from New Hampshire
offers an amendment, which will be read.
The S e c r e t a r y . In line 1, page 2, insert, after the words
“ child life,” the words “ among all classes of our people,” so as
to read:
The said bureau shall investigate and report upon all matters per­
taining to the welfare of children and child life among all classes of
our people, and shall especially investigate the questions of infant mor­
tality. the birth rate, etc.

Mr. OVERMAN. I accept that amendment.
Mr. BORAH. Is it offered as an amendment to the substi­
tute?
Mr. GALLINGER. It is offered as an amendment to the bill,
I will say to the Senator.
Mr. OVERMAN. I thought it was an amendment to the
substitute.
The VICE PRESIDENT. It is an amendment to the bill.
Mr. BORAH. I have no objection whatever to the amend­
ment. I think the bill is undoubtedly to that effect now, but if
there is any doubt— —
Mr. GALLINGER. This makes it clear.
Mr. BORAH. I do not object to it if it is thought proper to
put it in, although I think it pure tautology.
The VICE PRESIDENT. The question is on agreeing to the
amendment offered by the Senator from New Hampshire. [Put­
ting the question.] The noes have it, and the amendment is
rejected.
Mr. GALLINGER. I trust the question wall be put again.
Let Senators vote.
The VICE PRESIDENT. The question is on agreeing to
the amendment of the Senator from New Hampshire.
The amendment was agreed to.
Mr. GALLINGER. I offer another amendment.
The VICE PRESIDENT. The Secretary will read the
amendment.
The S e c r e t a r y . In line 3, page 2, after the word “ rate,”
strike out the comma and insert the words “ among all classes
of our people,” so that if amended it will read:

Mr. OVERMAN. Mr. President, instead of establishing a new
bureau with all the expense incident thereto, the proposed sub­
stitute gives power to do exactly what the bill provides to a
bureau that is already established. It seems to me that it is a
proper part of the Bureau of Education, and it can be done
with very much less expense. The Bureau of Education can
collate all the facts that are given in the Census, in the Labor
Bureau, and elsewhere, and give the information all collated
that is desired by the supporters of the pending bill. I there­
fore have introduced the proposed substitute.
Mr. BACON. I should like to inquire of the Senator from
The birth rate among all classes of our people.
North Carolina if he does not think that it would be necessary
The VICE PRESIDENT. The question is on agreeing to the
to vote some appropriation for the increased work that is im­
amendment.
posed upon the Bureau of Education.
Mr. BORAH. May I ask for a rereading of the amendment?
Mr. OVERMAN. Whatever is necessary, of course, the Com­
The Secretary again read Mr. G a l l i n g e r ’ s amendment.
mittee on Appropriations will provide, just like we did with




1912.

CONGRESSIONAL RECORD— SENATE.

Mr. BORAH. I call tlie Senator’s attention to tlie fact that
that does not add anything whatever to the authority that is
given already in the bill. I do not know the Senator's object
in introducing it. The same subject matter is already covered
by the general terms o f the bill, and the same subject matter
will be covered again by repeating it in a former part of the
bill. While I do not see any particular objection to,it, it adds
nothing to the bill.
Mr. GALLINGER. Mr. President, my purpose in offering
the amendment is that, in looking over these 12 volumes of
interesting literature, volumes that will be interesting possibly
to the antiquarians of the country after a few months, I find
that the investigations were made exclusively among the poorer
people of the country, and especially in the mill villages of the
country. I apprehend that will be duplicated if we establish
this bureau, and I want this investigation to be made among
all classes o f our people. I f we have race suicide in this coun­
try, I think it will be found not to apply so much to the people
who have been investigated as to the people who have not been
investigated. I want to have a general investigation upon
this subject.
Mr. ROOT. Mr. President, I think it would be rather unfor­
tunate to establish classes among our people by an act o f Con­
gress. I do not think there are any: I would rather not have cy
law which says there are. There are no classes of the Ame
can people. I am against the amendment because it uses tj^at
expression.
The VICE PRESIDENT. The question is on agreeing tpfthe
amendment of the Senator from New Hampshire.
The amendment was rejected.
The VICE PRESIDENT. The question now is on the s )stitute offered by the Senator from North Carolina.
Mr. OVERMAN. I call for the yeas and nays on the a lendmeat.
The y e a s a n d n a y s w e re ord ered.
Mr. OVERMAN. I ask that the substitute be read.
Senators have come in since it was read.
The VICE PRESIDENT. Without objection, the subs|itute
will again be read.
The Secretary again read Mr. O v e r m a n ’ s substitute.
Mr. BORAH. Mr. President, I will not detain the SA ate
with an extended discussion o f the proposed substitute, bra I
will state that when the pending bill was originally introduced
and went to the Committee on Education and Labor it p r ,
vided that this proposed bureau should be in the Interio
Department instead o f in the Department o f Commerce and
Tabor. The hearings, however, disclosed the fact that those
Who had given great consideration to the subject, including the
then Commissioner o f Education, thought that the bureau
should be established in the Department of Commerce and
Labor. While I shall not and could not now state in extenso
tno reasons for that, I will say that it was after a hearing
before the committee that the bill was changed in that respect.
M itli reference to not creating a bureau and thereby saving
expense, it was found that this work could not be done any
cheaper or any better in any other way than it could be done
by creating a bureau, but that if there was a central authority
nnd a responsible head the work would be done just as cheaply
hnd more effectively and more successfully than if it were placed
hnder the Commissioner o f Education. For the reasons which
were heard in committee we concluded to put the bureau under
the Department of Commerce and Labor, and also to create a
separate bureau, because we could not find that it would be
aiW saving whatever not to create a bureau and place it else­
where.
The VICE PRESIDENT. The question is on agreeing to the
substitute offered by the Senator from North Carolina [Mr.
D vekaian ] , on which that Senator asks for the yeas and nays.
1he yeas and nays were ordered, and the Secretary pro­
ceeded to call the roll.
, - '• CLAPP (w h e n h is n am e w a s c a lle d ). I h av e a p a ir w ith
the senior Senator from Florida [Mr. F l e t c h e r ], w h o is absent.
he were present, I should vote “ nay.”
Mr. PAGE (when Mr. D i l l i n g h a m ’ s name was called). My
colleague [Mr. D i l l i n g h a m ] is necessarily absent from the
Chamber attending upon the Lorimer investigating committee.
is paired with the senior Senator from South Carolina [Mr.
t i l l m a n ].

,/r. BRYAN (when Mr. F l e t c h e r ’ s name was called). My
colleague [Mr. F l e t c h e r ] is absent on business o f the Senate.
Mr. THORNTON (when Mr. F oster ’ s name was called). I
announce the necessary absence o f my colleague [Mr. L ostee ],
and also that he-has a general pair with the junior Senator
from Wyoming [Mr. W a r r e n ].




1565

Mr. McCUMBER (when his name was called). I have a pair
with the senior Senator from Mississippi [Mr. P e r c y ], That
Senator being absent, and I not knowing what his vote would
be if present, I beg to withhold my vote on this subject. Were
I at liberty to vote, I should vote “ nay.”
Mr. REED (when his name was called). I have not a pair,
but I have a sort of understanding with the Senator from Michi­
gan [Mr. S m i t h ] that I will not vote in his absence. I am,
however, reliably informed that he favors this bill, and I there­
fore feel at liberty to vote under the circumstances. I vote
“ nay.”
Mr. TOWNSEND (when the name of Mr. S mith of Michigan
was called). The senior Senator from Michigan [Mr. S m i t h ]
is unavoidably absent from the city. I understand that he is
paired with the junior Senator from Missouri [Mr. R e e d ] , b u t
if present he would vote “ nay.” I am sure, therefore, that the
Senator from Missouri did right in voting.
Mr. TILLMAN (when his name was called). I have a gen­
eral pair with the Senator from Vermont [Mr, D illingham ].
I transfer that pair to the Senator from Alabama [Mr. J o h n ­
s t o n ] and vote.
I vote “ yea.”
The roll calk having been concluded, the result was
nounced— yeas 30, nays 4Gf as follow s:
n

YEAS— 30.
Overman
Paynter
Simmons
Smith. Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson

Bacon
Bailey
Bradley
Bryan
Chamberlain
Chilton
Culberson
du Pont

Gallinger
Heyburn
Lea
Lippitt
Martin, Va.
Newlands
O’Gorman
Oliver

Borah
Bourne
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Clark, Wyo.
Crane
Crawford
Cullom

Cummins
Curtis
Dixon
Gamble
Gardner
Gronna
Guggenheim
Hitchcock
Johnson, Me.
•Tones
Kenyon
Kern

Taylor
Thornton
Tillman
Watson
Wetmore
Williams

NAYS— 40.

Bankhead
Clapp
Clarke, Ark.
M>avis

Lodge
McLean
Martine, N. J.
Myers
Nelson
Nixon
Owen
Page
Penrose
Perkins
Poindexter
Pomerene

NOT VOTING— 15.
Dillingham
Johnston, Ala.
Fletcher
La Follette
Foster
Lorimer
Gore
McCumber

Rayner
Reed
Richardson.
Root
Shively
Smoot
Stephenson
Sutherland
Townsend
Works

Fercy
Smith, Mich.
Warren

So M r. O v e r m a n ’ s su b stitu te w a s rejected .

Mr. NEWLANDS. Mr. President, I am inclined to think that
the smallness o f the vote in favor of the substitute offered by
the Senator from North Carolina [Mr. .Ov e r m a n ] was due to
the fact that there was a misapprehension regarding the mean­
ing of the substitute. There seemed t® be an impression that
the substitute limited the operation o f me bill to 1913.
Mr. OVERMAN. It was not so intended. I had my clerk
draw the amendment hurriedly this morning, but I did not in­
tend that there should be such a limitation.
air. N E W L A N D S \ I will state, Mr. President, that I have
been throughout in harmony with fflie purpose of this bill, but
when it was reported t\ th is b o d j/b y the Senator fnpm Idaho
[Mr. B o r a ii ] I inquired whether 1/ie proper jurisdiction should
not be that of the InteriorNDepa/tment instead of the Depart­
ment of Commerce and LaboX y have always been of the view
that the proposed bureau should be a part of the Interior De­
partment, and I think it eminently proper that all the duties
proposed by this bill should W imposed upon the Bureau o f
e
Education in that department/ I ana sure that the vote for tlie
proposed substitute would have been, a much larger one if it
had not been for the misapprehension^existing with reference
to the operation o f the substitute offer«d by the Senator from
North Carolina [Mr. O v e r y / y n ] , and I lio\e that at some subse­
quent period in the day another substitute, will be offered that
will not be subject to that/misunderstanding
Mr. SMITH o f Georgia/ Mr. President, I dame into the Sen­
ate too late to hear the substitute read. I voted for it upon the
impression that it simply placed the same worl\in the Bureau
of Education in the Interior Department that tlite original bill
placed in the Department of Commerce and Labok I did not
vote for the substitute Jlipon any thought to lessen tlte effective­
ness of the measure, but because of my familiarityNwith the
work o f the Bureau 6f Education I felt sure that if ip were
placed there it would he intelligently and well done.
The VICE PRESIDENT. The question is on the engross­
ment and third reading of tlie hill.

1566

CONGRESSIONAL RECORD— SENATE.

Ja n u ar y 31,

Mr. OVERMAN. That is exactly what we did in the c;
Mr. BRANDEGEE. I move to amend the bill by striking
of
the Bureau of Labor.
out, on page 2, line 6, the following words:
Mr. BAILEY. According to the President, you do
And such other facts as have a hearing upon the welfare of children.
need
The effect of the language seems to me to add nothing to what any more.
Mr. BORAH. Mr. President, the substitute has^the vice of
is conferred hi the previous language of the bill, which provides
that the bureau shall “ report upon all matters pertaining to overlooking the question of an appropriation, jmd the work
presumably is to be carried out by an appropriation on a sub­
the welfare ofVliildren and child life.”
sequent appropriation bill.
This languagevis:
Mr. OVERMAN. That is right.
And such other fiwts as have a bearing upon the welfare of children.
Mr. BORAII. The effect of the measureAiow before the Sen­
If the bureau is tso report upon all matters pertaining to that, ate is to limit the amount to be appropriated and to prescribe
there can be no ottihy facts which have a bearing upon it. It who shall do the work, and it confines^Gie bureau to a certain
is surplusage, and I irtpve to strike it out.
amount of help.
The VICE PRESIDENT. The Secretary will state the amend
Mr. OVERMAN. Does not the Senator know that this officer
merit.
\
could send his estimate of the appropriation here and Congress
The S ecretary . On puge 2, line 6, after the word “ Terri­ would appropriate the amount?
tories,” it is proposed to strike out “ and such other facts' as
Mr. BORAH. Congress likely*'would not pay any attention
have a bearing upon the welfare of children.”
to the Commissioner of Education, because the commissioner
The VICE PRESIDENT. Vhe question is on agreeing to the has said it ought not to be uiyler his jurisdiction and should be
amendment. By the sound theV‘ ayes ” have it, and the amend­ under another and separator bureau. The very object of the
ment is agreed to.
\
bill in its present form is/to avoid this unlimited power and
Mr. BACON. I rise to a parliamentary inquiry.
also to prescribe the limit/of the appropriation.
The VICE PRESIDENT. The Senator will state it.
Mr. GALLINGER. Will the Senator from Idaho permit me?
Mr. BACON. Is the bill in the Committee of the Whole or
Mr. BORAH. I yield:
in the Senate?
\
Mr. GALLINGER. Does the Senator really believe that the
The VICE PRESIDENT. The bill i\in the Senate. ~
Mr. BACON. It has been reported from the Committee of appropriation in this bill will be sufficient to do the work?
Does not the Senator know, as a matter of fact, that we will be
the Whole, then?
\
The VICE PRESIDENT. Yes. Are there further amend­ asked for an additional appropriation to -carry out the purpose
o f the bill now before the Senate?
ments to be offered?
\
Mr. B O R A H ./I do not know. I know we went very exten­
Mr. WILLIAMS. I call for a division upoifvtlie last vote.
The VICE PRESIDENT. In the absence hf objection, the sively and in detail into the question when the matter was be­
Chair will again put the question on the amendnaent offered by fore the complittee, and we thought that this bureau could be
organized afid the work be begun with this appropriation.
the Senator from Connecticut [Mr. B r a n d e g e e ] . \
The amendment was agreed to; there being, on V division— Whether op not there shall be more money appropriated will
depend upon the facts submitted to Congress, and I think the
ayes 28, noes 23.
\
The VICE PRESIDENT. The question is on tlnh engross­ next-Congress will be as wise as this Congress and will be able
to determine whether it should appropriate more or less for
ment and the third reading of the bill.
\
The bill was ordered to be engrossed for a third reading and this bureau. I have no doubt, if the work is done as it should
be done, there will be more appropriations, but I assume there
read the third time.
\
will jSe no appropriation unless there is a necessity for it.
The VICE PRESIDENT. Shall the bill pass?
\
Mr. GALLINGER. Does the Senator think that G clerks are
Mr. OVERMAN. I should like to have the amendment I in ­
troduced, in order that I may change it in the respect suggested. gqlng to be able to go into the 4G States of the American Union
I never intended to limit the operation of the bill at all, and I' and make this investigation?
Mr. BORAH. I have no idea that six clerks will be able to
should like to submit the amendment making it unlimited.
*
The VICE PRESIDENT. It will be necessary, if any amend-^f npake as thorough an investigation as some people would have
ment is to be offered, to reconsider the vote by which the bill mMe, but they will be able to gather facts in the States, in con­
was ordered to be engrossed for a third reading and read me nection with the work of the different States. It was not the
third time. If there be no objection, the votes by which /h e idea W those supporting the movement to create this bureau
bill was ordered to be engrossed for a third reading and read that uuj force here provided for would gather all the informa­
tion, bu\ that it would compile for universal use such informa­
the third time will be reconsidered.
/
Mr. OVERMAN. Mr. President, I have inserted in the sub­ tion as lays already been gathered in the different States.
stitute I have heretofore offered the words “ annually' there­
Mr. GATLLINGER. But the bill specifically says they shall
after, and the Secretary of the Interior shall forthwith trans­ make an investigation of these questions.
mit the same to Congress,” to come in after the weirds “ 1st
Mr. BORAH. They shall investigate by gathering together
day of February, 1913, and.” I now offer the substitute modified the information in the different States.
in that manner.
I am frank t\ say that, if I had my way about it, instead of
The VICE PRESIDENT. The Senator from North Carolina* putting it at $29i(i00, I would put it at $129,000, and in a short
offers an amendment in the nature of a substitute for the bill, time facts would Ye gathered and sufficient publicity given that
which the Secretary will read.
there would be some forces, opposing the bill now, which would
The S e c r e t a r y . It is proposed to strike out all after the en­ at least change theiti system of doing business.
acting clause and to insert:
Mr. GALLINGER.Xl simply rose for the purpose of asking
That the Bureau of Education, under the direction of the Secretary the Senator, in all seriousness and good faith, whether he be­
of the Interior, shall investigate and report upon matters pertaining lieves that the machinery provided in this bill is sufficient to
to the welfare of children and child life, having especial reference to
questions of infant mortality, the birth rate, orphanage, juvenile courts, carry out the purposes oV the bill?
Mr. BORAH. I do, in toe beginning of the work.
desertion, dangerous occupations and accidents incident thereto, dis­
eases of children, employment, legislation affecting children in the sev­
Mr. GALLINGER. In fcjie beginning of the work. If you
eral States and Territories, and such other facts of like nature as have
began it with a nickel, it would be just as efficient.
a hearing upon the welfare of children.
S e c . 2. The results of the investigation herein directed and provided
Mr. BORAII. I have no dbubt the Senator from New Hamp­
for shall he reported to the Secretary of the Interior on or before the shire would like to confine it
a nickel.
1st day of February, 1913, aud annually thereafter, and the Secretary
Mr. GALLINGER. I have rtp doubt it would be as efficient.
of the Interior shall forthwith transmit the same to Congress. Con­
gress shall make provision for the publication and distribution of said
Mr. LODGE. The machinery in this measure is just as ef­
reports, or so much thereof as may be deemed necessary and proper.
ficient-----\
Mr. LODGE. Mr. President, ,1 understood that tliis was a
Mr. GALLINGER. For the foftner commission not a copper
reproduction of the other bill.. But it simply provides for a was provided, but I think $300,0011 was appropriated. I think
transfer to the Secretary of the Interior. It makes no pro­ the Senator from North Carolina was right in saying that if
vision whatever for doing the work and provides no additional the Bureau of Education called for an additional appropriation
force and no additional mofiey.
or additional help it would be forthcoming. So I think the
Mr. OVERMAN. It is exactly like the law for investigations statement made in behalf of the substitute, that in it no appro­
by the Bureau of Labor.
priation is made, has no force, as we Very frequently legislate
Mr. LODGE. But he has no force with which to do it, and in that way. There is no difficulty abofit that afterwards. We
no money with which to do it, and no opportunity to do it.
respond to the demands of the different departments and make
Mr. OVERMAN. That is exactly what was done in that case. the appropriation if it is needed.
\
Mr. LODGE. We must make an appropriation. You can not
I think the Bureau of Labor during thi^session has received
do anything without an appropriation. The other bill provides $40,000, and I think it is probably being u*ed for the purpose
for additional clerks.
of this investigation, and in giving us so much literature. We




\\
\

X

1912.

CONGRESSIONAL RECORD— SENATE.

gion or gome oilier matter entirely without the purview of our
governmental functions.
I think'''«Mr. Jefferson, the patron saint of Democracy, shed
much light upon this subject. Says Mr. Story:

15 71

o f barter and sale, and in the other it is not. We sell cattle;
we do not yet sell children. But, Mr. President, it is not essen­
tial that the thing shipped shall be the subject of barter and
sale in order for it to come within the scope of the interstateThe argument in favor of the construction which treats the clause commerce provision. A human being traveling from one State
as a qualification of the power to lay taxes has, perhaps, never been to another is as much within the purview of the interstate-com­
presented in a More concise or forcible shape than in an official opinion
deliberately gived by one of our most distinguished statesmen. “ To merce clause as are hogs shipped from one State to the other. A
lay taxes to provide for the general welfare of the United States, is,”
hog shipped from one State to another is the subjqpt'of inter­
says he (Mr. JefferJson), “ to lay taxes for the purpose of providing for
state commerce, whether it is sold or not. So, too. is a human
the general welfare.^ For the laying of taxes is the power and the
being. It is the shipment, not the sale, which istfetermining.
general welfare the purpose for which the power is to be exercised.
Congress are not to lay taxes ad libitum for any purpose they please,
You can not hang the appropriations for tlMfse other bureaus
but only to pay the deists or provide for the welfare of the Union. In
upon the interstate commerce provision. IL-you can, then you
like manner they are not to do anything they please to provide for the
can just as well make that provision angSTy to human beings
general welfare, but onlyVto lay taxes for that purpose.”
who pass from one State to another StateT
In further answer t<k the arguments limiting the constitu­
I have no patience with the argument which maintains that
tional powers to those Specifically mentioned, the author, in we can appropriate money to culty&te corn, but we can not
paragraph 934, among other things, states:
appropriate money for the purposarof improving the condition
Every Government ought to contain within itself every power requi­ of children. I know it was stated here the other day that the
site to the full accomplishment of the objects committed to its care and
argument that “ we are treaiHng cattle better than we are
the complete execution of the trusts for which it is responsible, free
treating children ” is old amrthreadbare. Mr. President, when
from every other control but a r%ard to the public good and to the
security of the people.
a man is unable to answer^fii argument, he always has recourse
If, therefore, the Federal Governipent was to be of any efficiency
to the declaration th a t/it is old and threadbare. My ex­
and a bond of union, it ought to be ihyested with an unqualified power
perience has been that/an argument which will last until it is
of taxation for all national purposes. In the history of mankind it has
ordinarily been found that in the usual progress of things the neces­ worn threadbare, lalfts because it has the strength which
sities of a nation in every state of itA existence are at least equal
springs from m e r it s I t lives long because it has the virility of
to its resources. But if a more favorably,state of things should exist
truth. A false fulfillment never gets threadbare; it is destroyed
in our own Government, still we must expect reverses and ought to
provide against them.
It is impossible to foresee all the various
before the threadbare period is reached.
changes in the posture, relations, and power of different nations which
When, theijffore, we declai’e that the Government is bestowing
might affect the prosperity and safety of our own.
We may have
formidable foreign enemies. We may have internal commotions. We
more care < jf the cattle and horses of the country than it is on
may suffer from physical as well as moral calamities ; from plagues,
the childani o f the land, it is no answer to reply, “ You have
famine, and earthquakes ; from political convulsions and rivalries ; from
often soAleclared in the past, and therefore your argument is
the gradual decline of particular sources of industry; and from the
necessity of changing our own habits and pursuits, in consequence of
threadbare.” The point is not how often has a thing been
foreign improvements and competitions, and the variable nature of
stated but is it true. No man has dared challenge the truth of
human wants and desires. A source of revenue adequate in one age
may wholly or partially fail in another. Commerce or manufactures
thebissertion we have made. It stands unanswered and undenied.
or agriculture may thrive under a tax in one age which would destroy
J r come now to consider another argument that has been rethem’ in another. The power of taxation, therefore, to be useful, must
not only be adequate to all the exigencies of the Nation, but it must Jfeatedly advanced, viz, that “ the parents of children are their
be capable of reaching from time to time all the most productive sources./ ^natural guardians and the Government ought not to interfere in
It has been observed, with no less truth than point, that “ in p olitical the homes of the land.”
Sir, if that was the purpose of this
arithmetic two and two do not always make four.” Constitutions S i
bill, if it was proposed by the bill to substitute governmental
government are not to be framed upon a calculation of existing exigen­
cies, but upon a combination of these with the probable cxigenciji of
supervision for the loving care and protection of the father and
ages, according to the natural and tried course of human affairs. ^Fbere
mother, I would be against the bill. Every man in this body,
ought to be a capacity to provide for future contingencies as thafy may
regardless of politics, would rise to condemn the bill. But, sir,
happen; and as these are (as has been already suggested) ilkrrhitabfe
in their nature, so it is impossible safely to limit that capacu$\
when we simply inquire into the conditions under which men
Mr. President, the reading o f this authority, though/somewhat .live, we do not take away the independence of the citizen. We
prolonged and I doubt not wearisome to the Senateyrinds justi­ d,o not invade his home or assail his liberties. We allow him to
fication in the fact that it completely answers those who have continue to live as he may see fit, but we may gain and dissemi­
here attempted to construe out o f the Constitution the general- nate useful knowledge o f which he can voluntarily avail himself.
Neither do we impinge upon the authority of the parent to
welfare clause. The position o f these SenatorsXs not sound in
control the child and educate it and nurture it and rear it as
logic and can not be supported by authority. /
On the contrary, that clause is in the Constitution, and be­ the parent chooses when we merely ask how many children
cause it is in the Constitution we have the J g h t to create these are employed in factories? How many men are coining the
various boards to make investigations anijr perform their mul­ blood of babies into money? What is the condition of the
titudinous duties. Pursuant to that pow^r we have gone down children thus employed?
The National Government has an intei’est in these grave
into the State of Texas to suppress thanboll weevil, the Texas
tick, and various other pests that at Zinies afflict that part of questions. I dislike to put that interest upon so low a ground,
but so long as the Government of the United States has the
the country.
/
Now, Mr. President, if we do noir possess the power to pass right to lay its\hand upon every citizen and muster him into
tins bill, or if Senators do not believe we possess the power, its Army, it has the right coincident to ascertain the conditions
then let us have the courage of /u r convictions, let us be con­ uniter which that future soldier is growing up. 1 do not mean
sistent, let us apply the doctrine to all existing boards which that the Government has the right to impinge upon the authority
come within the same rule. It I believed we had no constitu­ of the State to control its citizens. That is something of an
tional right to pass this bill,/l would oppose it to the limit of entirely different nature. The mere ascertainment of facts and
hiy ability, but I would fojr the same reason and with equal the dissemination of useful knowledge can not by any logical
zeal contend against the passage of an appropriation bill carry- mind be confused with a \ attempt to pass laws regulating the
%
*hS a single dollar to tliar Agricultural Department, the Labor conduct o f the citizen.
Why is this bill opposed%„ Why is it that men contend that
Unreau, or the other buueaus I have named.
I have no patience, Av, with that argument which suggests our right to expend the public revenues is comprehensive
stall but not broad enough to
that we can “ hang / n ” — I believe that was the expression enough to reach the ox in
used—the right to appropriate money for the improvement of embrace the child in its cradle\_ Why is this opposition com­
breeds of cattle to/(h e intersta te-commerce clause o f the Con­ ing from Senators who representestates that have cotton mills
stitution upon the theory that some o f the cattle may be in them? Is it because pale-faceirtehildren are trooping every
shipped from one State to another. When we appropriate morning into the sweatshops of lab<%? Is it because there are
money to improyo the breed o f cattle, we do not provide that the unspeakable conditions in those mills??. Is it because men are
money used shall be expended only upon such cattle as may be putting the guinea stamp upon the s%il& of young children?
thereafter shipped from one State to another. We do not limit Or do they really fear they are treading upon the Constitu­
the expenditure to the particular hogs that are thereafter to tion? Yet every one o f them has voted for these other bureaus
cross the/State line. We appropriate it for the benefit o f the time and agafin. They have voted to appropriate money for
tvhojergjfttle and hog industry. But if we were to limit the ex- the improvement o f cattle. They have voted money to im­
pentttfures to the particular cattle and hogs which are after­ prove the breeds o f horses. They unhesitatingly vote money
wards to cross the State line, and that kind o f legislation could to publish a “ horse book,” which embraces every subject from
be sustained upon the ground that the money was used upon an the pedigrees of stallions to the proper feed for calves. But
animal that was to become the subject of interstate commerce, the little information that might, by means of this proposed
then, for the same reason, this legislation can be “ hung o n ” to board, be collected and sent out to the mothers o f this land
the interstate-commerce provision. It is true that in one case desperately alarms these same gentlemen. May we not rather
the subject of interstate commerce is also a common subject infer that there is the fear that this board may expose the




1572

CONGRESSIONAL RECORD— SENATE.

picture of little children in the very morning of their lives
herded into the shadows o f great mills that men may make a
profit from their toil which creates consternation in these
constitutional anatomies?
Mr. President, there is still another argument to be answer
It is that we are going to create a bureau here which will
some work which has already been performed. For that an
ment, sir, I have the profoundest respect. If it be true t/a t
this board will merely duplicate work which has already
done by
jing bureau or board, then we ought m
course, to>
r
this expense. I accord to the Senator
West Vir_
Mr. Chilton] the position in this debate of
forcefulness
logic. But, sir, I believe that the Senator#from
West Vir
‘erlooks this important fact, namely, tliatfwliile
these facts'
figures have been largely collected a id are
to-day in the
ports of various boards and various officers and
can be foun
'diligent and careful and prolonged searJi, they
are j
concrete form which will enable then* to be
giver
pple of this country so that they can bejreadily
lily understood.
grasj
The
we have these figures already widely scattered
fse various reports only argues two things, first,
throu
the need
of gathering them from the volumes aifd documents
itting them in succinct shape that the mothers and
father
legislators of the land can readily graft) them;
second, it argues that this work can be done for ainominal
sum. If we had to gather all of the information lly direct
investigation, if it had not already been largely accimnulated,
there might be some reason for the argument that tliifc bureau
would grow into very large proportions; but if the figures are
here, then so Hyucli the easier is the task.
I think, Mr,
esident, however, that the figures at band are
oubtless tl*re is much information ithat can
not complete,
pndensed, y I confidently assert therf remains
be collated a
be done an which ought to be don<
much which
I have no alienee with another lrgument,
Mr. Presic
?re was once board and that boardlpublislied
that because
nobody e**ei •ead, and that board fnade mis17 volumes wli
efore we should mfver again
takes and m&d blunders,
that
That is equivalent!to sayiiq
proceed to
that if any department of the Government or any ofifeer of the
Government Ins jjever mad a failure we should never again
attempt to dos]
thing hfc,ftuled to do. That argument, in
the last ar
would amlunt to the abolition o| every department c
Government^for there has not bfen one of
them that
le time has not made a failure Jr botch of
some piece
k. Most of ns^on the Democratic!side think
that l
the Repuwraaim’ residents have befm failures,
on electing I^yfsidents and are ol liged to get
and s
can with poorshuman beings,
alon_
Mr. 1
electing
of New Jer^y. We are thro
ents.
Republ
Mr. 1
es; we are through electing Republican Presidents, 1
liave no sooner elected a Democratic President
than oi
ican bretlft-en wjll become convinced that he,
in like m a n n e r , a failu
n il the greater life virtues the
stronger will be their c
ion;
The truth is that all flhese qffestions ought tofce settled ac­
cording to tfteiJsact and reason of the matter. 1 Tiile some of
our departments^Rave wastecKmonev. wiiile undei some circum­
stances and in dome instances the work has bee n poor, taken
as a whole mu%* good has resulted from departn total bureaus.
I assume it to be true that if the person selec ed to preside
over this work*%%ll be incompetent Congress ci ii discover it,
and 12 months fribm now can discontinue the woi it.
Neither do r t^gree with the argument which assumes that
this is simply thefbpening of the floodgates, and hat hereafter
our appropriati%qg|for this bureau will mount bey< jpd all reason.
That is a ffqegtiiyi which must be settled by each Congress as
each CongresXWmenes and proceeds with its bu|iness. So it
seems to me t^iVno valid reason has been offeree^ against this
bill.
,
I say ties, MrTTresident: I do not believe inVmultiplying
bureaus ancrhdo ftot believe in wasting public monXv. I stand
as might for eca^pmy as any other Senator. But I V n unwill­
ing, JU^Presid^nU that economy shall begin with tlfe children
ofJthe land, aua^yid with the children of tlie land\that we
^expenen^todJtohs of thousands of dollars to incr\tse corn
and
pr<
tion, to improve the breeds of ca&le and
dissem
Ige with reference to the diseases \ f live
stock, bu
must stop short at the children of this
I think t1
objection to the bill, from some sourc^ at
least, lies in
act that there is a desperate condemn
amongst the children of the country in the factory States,




J a n u a r y 31,

that information on that subject is what is not desired by the
roprietors of those institutions.
Mr. OWEN. Mr. President, this bill, almost word for word,
passed the Senate during the preceding Congress on the 14th of
February, 1911, and without objection. The objections which,
are now urged so strongly against the constitutionality of the
bill appear not to have been considered at all by the Senate
at that time. Even the senior Senator from Idaho [Mr. H eybu rn ] gave his acquiescence to this bill on the 14th of February
a year ago.
I have no doubt of the constitutionality of this bill. I believe
that the Federal Government has a perfect right to provide for
its own self-preservation as a necessary implied power of the
Constitution. I believe whatever information is necessary to
be acquired by the Congress or the Senate, or by the Executive
Department, in the performance of their respective duties, is
fully justified. I believe that any information which is neces­
sary to the “ general welfare” or the common defense of this
Nation is fully justified under section S of Article I. The time
for debating the meaning of that section has passed. The lan­
guage is as plain as the English language can be made. It says
that the “ Congress shall have power to lay and collect taxes,”
“ to provide” for the “ general welfare” as well as the “ com­
mon defense.” And the Congress has been providing for the
“ general welfare” all these years. So far has it gone with re­
gard to such matters affecting the general welfare that we have
enlarged our Federal services so that in the Bureau of Animal
Industry we expended last year $1,654,750 to promote the ani­
mal industry and conserve and develop animal life. We have
taken great pains to eradicate Texas fever in cattle. We have
many men in the field now engaged in this work, clearing up
one county after another in various States, pushing back the
quarantine line against Texas fever of cattle from one point to
another. It is now crossing southward my State of Oklahoma. In­
side of State lines Federal officials under the Agriculture Depart­
ment are now engaged in stamping out various diseases of cattle
which would otherwise interfere with the food supply of the Amer­
ican people, and therefore be injurious to “ the general welfare.”
Congress has proceeded upon this theory ever since I was
born. Even gentlemen who have declared this bill was unconsti­
tutional, within an hour voted for a substitute for this bill
by the Senator from North Carolina [Mr. Overman], which
contained every element of unconstitutionality of this bill, if it
be unconstitutional. What do these gentlemen mean by voting
for an unconstitutional provision on their several oaths, if in
reality they seriously think that such measure is unconstitu­
tional ? The amendment proposed by the Senator from North Caro­
lina [Mr. Overman] is just as open to the constitutional objection
as the bill brought in by the Senator from Idaho [Mr. B oraii],
Not only has this power in the Federal Government been ap­
proved by Senate after Senate, and by Congress after Congress,
and by President after President, but it has met the universal
approval of the people of the United States. It is the acknowl­
edged Constitution and the accepted law. We need not debate the
Constitution any more. The time has gone to consider the question
of the constitutionality of this power in the Federal Government.
We expended in the Plant Industry Bureau last year $2,6S0,41G—for. the protection of plant life— in the interest of
commerce, and now we can not spend $30,000 for the protection
of child life in the interest of humanity. Great is commerce ! It
ranks human life. I think it is of great importance to spend what
is necessary to protect this country against the insects which in­
fect our forests, against the San Jose scale which affects the
orange groves of the country, and other injurious insects, but
shall we spend that money freely as “ constitutional ” and at the
same time be unwilling to expend a dollar for the conservation
of the child life of this Republic as “ unconstitutional ” ?
Four hundred thousand children die every year in this coun­
try under the age of 12 months, and one-half of them, a vast
army of 200,000 little children, lift up their tender voices to
this Republic asking for protection from preventable diseases;
and we spend $2,674,000 to protect our forests from insects and
refuse to spend $29,000 for the conservation of the child life
of this Republic.
Child labor is useful in coining money in sweatshop and in
mines and in dangerous and unhealthy service, and greedy em­
ployers must not be interfered with, even by public opinion based
on well-ascertained facts collated by a child’s bureau. Great is
commerce! It has more power than humane considerations.
When we have had this country assailed by bubonic plague,
has any man questioned the right of Congress to protect human
life by appropriations and sendees employed for that end? Did
we not spend a million on the Pacific coast for stamping out
the bubonic plague for the protection of human life, for the

• M>12.

CONGRESSIONAL BECOKD— SEN ATE

' “ general w elfare” ? But we may not spend a pitiful $30,000
to establish a bureau o f inquiry as to the best methods to pro­
tect child life.
During the last season I sent 25,000 bulletins on how to take
care of iiogs into Oklahoma; not a bulletin on how to take care
of children. We see such a man as Straus, in New York, spend­
ing his own private funds for the purpose of furnishing pas­
teurized milk and teaching the people o f New York how they
can conserve child life. In that one simple instance thousands
of lives of little children were saved, and yet hundreds of
thousands of mothers know nothing about pasteurized milk or
how to take care of an infant, and may not have the bulletins
of a child’s bureau when they anxiously seek advice having au­
thority because it is “ unconstitutional ” to have a child’s bureau.
This “ unconstitutional ” bureau for protecting child life by
gathering and distributing knowledge might interfere with
sweatshops and factories whore the labor of children is coined
into money, and such interests wiH-'oppose this bill and urge
on representatives fhe objection of unconstitutionality while
concealing the real reason.
In the Bureau of Chemistry we spend $965,780, and in the
Bureau of Entomology we spend $601,920, a bureau particu­
larly devoted to the study of insects and bugs, and not a dollar
ls expended fo r the proper study of child life.
I agree that it is of importance to study the habits of the
boll weevil, and it is for the “ general w elfa re” to protect this
country against the ravages of that insect so deadly to our
great cotton crop. This study has very great commercial im­
portance, because it will enable us perhaps to destroy the life of
this pest. But I believe also that we have a right to study
child life and give publicity, and the widest publicity, to a
knowledge of how to protect child life. It is a great national
asset. It has great commercial importance, if I must put it
upon that low plane. Every human being has a certain com­
mercial value, and is worth so many hundreds or so many
thousands of dollars. Pie has a certain productive value if a
slave and a greater value if a freeman. Let us take steps to
preserve the lives of human beings as a commercial asset and
us a matter of prudent national business. The acquisition of
knowledge on this subject and its wide distribution is the
cheapest way to accomplish this end.
If this Nation is to be controlled by commerce alone, if it is
to disregard human life and consider nothing but commerce
and the vulgar sordid dollar, let tis consider the commercial
value of 200,000 children annually whose lives we might save.
Are they worth $500 apiece? Then they have a commercial
value o f $100,000,000 and this bill is justified as a means to
saving the vast sum invested in infants under 1 year of age.
I waive all sentiments o f humanity, the grief and anguish of
unlearned mothers and fathers unnecessarily bereaved of their
little children.
Mr. President, as a matter o f policy, this question has been
considered not only by learned men in this Republic but by
the learned legislators of the great nations o f the world abroad.
The German Empire has a complete method for considering and
investigating the conditions of child life with a view to pre­
serving child life, and that wonderful nation, because o f its
interest in the preservation o f human life, is growing by giant
strides to be the master nation of Europe. Its great sons have
been a most tremendous asset to this Republic, ih ey do not
believe in race suicide. They raise large families and
e
children and care for them.
/
The German Empire has set us an example, and the Bri®sh
Empire has set us an example in their recent “ child s art ’
Providing for the study of the conditions of child life. Why stall
v>e hang behind the march of the civilized world and lose sigut of
the welfare of the little children o f the greatest people on earth?
I f it is competent authority we want, we have had tfose
Who are expert in this question give the most careful consicferation to this question. This bill has been recommended by(the
National Child Labor Committee, the National Federation of
P omen’s Clubs, the Conference on Dependent Children, conastln.8 of 200 men and women, the most learned in the world
With regard to this particular subject.
Among these distinguished Americans I call your attention to
^ few, for instance:
,.
.
His eminence Cardinal Gibbons; Mr. John M. Glenn, directoi
( . fhe Russell Sage foundation, New York C ity; Dr. S. M.
r
Lindsay, director o f tli° New York School of In ilun ihiopy,
^T
iss Jane Addams, Hull House, Chicago; Miss Lillian D.
''a id , of the Henry Street Settlement, New Y ork; Mrs. H or­
a c e Kelley, secretary o f the National Consumers League; .
Mr. -Thomas Nelson Page, author and publicist; Mr. Lyon
B. Lovejoy, secretary of the National Child Labor Committee,




157

and Mr. A. J. McKelway, southern secretary o f the National
Child Labor Committee; Mr. J. Prentice Murphy, of the
Children’s Bureau of Philadelphia; Mr. Homer Folks, secre­
tary of the State Charities Aid Association, New Y ork ; Hon.
Julian W. Mack, o f the Court of Commerce; Mr. Hugh F. Fox,
president of the Children’s Protective Alliance, New Jersey;
Dr. Ludwig B. Bernstein, superintendent of the Hebrew Orphan
Asylum, New York C ity; Judge Ben B. Lindsey, judge of the
juvenile court o f Denver; Judge N. B. Feagin, of the juvenile
court o f Birmingham, A la .; Mrs. Lucy Syckles, .superintendent
Michigan State Home for G irls; Mr. J. W. Magruder, secretary
of the Baltimore Charities Association; Mr. Hastings H. Hart
and L. F. Hamner, of the Russell Sage Foundation; Mr. Miles
M. Dawson, of the American Association o f Labor Legislation;
Mr. H. W irt Steele, executive secretary o f the American Asso­
ciation for the Prevention and Relief of Tuberculosis; Miss
Mary Wood, representing the Daughters o f the American Revo­
lution; Mr. Bernard Flexner, authority on juvenile court legis­
lation, Louisville, Ky.
Mr. President, the argument has been made that this will
cause a duplication of work. That has been most abundantly
answered. It was answered a year ago by the head of the
Census, Director North. He stated that there will' be no dupli­
cation in his department; that they were not concerned in
the questions which would be investigated by such a bureau
as this. Commissioner Neill, o f the Bureau o f .Labor, of the
Department o f Commerce and Labor, most emphatically said
that he thought this bureau ought to be established; and Com­
missioner Brown, of the Bureau o f Education o f (lie Interior
Department, the very department where we were proposing by
an amendment to send this proposed bureau, also gave his testi­
mony that the child’s bureau should be established, and that
it will not duplicate his work. These departments, which are
said to be concerned in this matter, have already testified in
favor of this measure, and the report will be found in the
R ecord o f February 14, 1911.
So tlie objections have nil been answered. The constitu­
tionality is beyond doubt. The importance o f the policy I can
not think will be disputed by any humane man. No far-seeing
statesman should deny that the preservation of human life
and the conservation of the little children of this Nation is
one of the most important subjects Which can engage the con­
sideration o f the Senate.
Lot us establish this bureau, and send out bulletins giving
reliable information to anxious mothers and fathers, to State
authorities, and to all who seek it, so that the knowledge of
child preservation shall become the common property of the
people o f the Republic.
Let us gather the facts and show when and where children
are unfairly exposed so that public opinion may protect them.
Let us have publicity so that we may protect the innocent
and precious, young life o f the Nation.
Let our people have the facts and they will verify the words
of the Book of Books, “ Ye shall know the truth, and the truth
shall make you free.”
Mr. BORAH. Mr. President, I suggest the absence of a
quorum.

The PRESIDING OFFICER. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
answered to their names:

Bacon
Bailey
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Ciapp
Clark, Wyo.
Clarke, Ark.
Crane

Mr. CLA1

Crawford
Culberson
Cullom
Cummins
Curtis
Dixon
du Font
Gal linger
Gardner
Gronna
Guggenheim
Heyburn
Hitchcock
Johnson, Me.
La Follette
Lippitt
Lodge
McCumber

of Wyoming.

McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
New lands
Nixon
O’German
Oliver
Overman
Owen
Page
Paynter
Perkins
Poindexter
Pomerene
Rayner
Iieed

Richardson
Root
Shively
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Taylor
Thornton
Tillman
Townsend
Watson
Works

My colleague [Mr.

W arre

detained from the Chamber by illness.
Mr. PAGE. ,My colleague [Mr. D illingham ] is unavoidably
detained on business of the Senate.
Mr. POINDEXTER. My colleague [Mr. Jones] is unavoid­
ably detained on public business.

The PRESIDING OFFICER. Sixty-nine Senators having
answered to their names, a quorum of the Senate is present.

1574

CONGE ESSIONA L E ECOKD— SEN ATE.

J a n u a r y 31

Mr. GALLINGER. Mr. President, I desire to ask the Sena­ ture, in my opinion, of the bill/"and indeed it would remove
tor from Idaho'SfMr. B orah ] having charge of the bill, if he the possibility of what I suggested last Thursday, that the
will be kind enough to look at line 9, on page 1, where it reads: head of a house might be compelled, in order to maintain his
own self-respect, to violate yfe law by forcibly ejecting an agent
The said bureau shall investigate and report upon all matters.
of this bureau out of his .house. However some Senators may
What has the Senator in mind as to whom this bureau shall be willing to run the Disk of having their homes entered by
report?
\
such an official and having such questions asked of them by the
Mr. BORAH. I suppd^e to the Department of Commerce and official as in his judgment pertains to tire welfare of children
Labor.
\
and of child life, I /fm not willing, and I sincerely hope that
Mr. GALLINGER. Theivwould the Senator have any objection the Senate will nog force such a condition upon those who are
to having the words inserted “ to such department” ?
unwilling. I may-add that, law or no law, it is not going to be
Mr. BORAH. Not at all. \
done in my hough. [Laughter.]
Mr. GALLINGER. Then, ag\n, would the Senator have any
The PRESIDING OFFICER. The question is on agreeing
objection, at the close of section 2, to insert the words I will to the amendment proposed by the Senator from Louisiana.
suggest? I will first read the sentdpce as it stands:
[Putting til/ question.] In the opinion of the Chair the ayes
The chief of said bureau may from time to time publish the results have it.
/
of these Investigations.
\
Mr. CLARKE of Arkansas. I call for a division.
Mr. BORAH. I ask for a yea-and-nay vote upon the amend­
Would the Senator object to addink the words “ in such
manner and to such extent as may be prescribed by the Secre­ ment.
Thd yeas and nays were ordered.
tary of Commerce and Labor” ?
\
Mr. BORAH. No; I have no objection to 'that.
Mr. BORAH. Mr. President, before the roll is called I deMr. GALLINGER. Then, Mr. President, I move those amend­ siyfe to say that, of course, the adoption of this amendment
ments to the hill.
\
ould make it impossible for the officials of the department to
The PRESIDING OFFICER. The pending amendment is „o into some of the manufacturing establishments and other
that of the Senator from North Carolina [Mr. (G erman] in ,| places where they ought to go, and where it will *be necessary
the nature of a substitute.
\
# / for them to go. Such an amendment is, in effect, an invitation
Mr. GALLINGER. Then I will offer my amendments when for these places to close their doors.
the pending amendment is disposed of. The Senator’s'-^untyidMr. BAILEY. If the Senator from Idaho will attend closely,
ment, however, is a substitute. Would we not have the eight I think he will find that the amendment proposed by the Sena­
to perfect the bill before the substitute is voted upon? X
tor from Louisiana reads that the officials shall not be per­
The PRESIDING OFFICER. The right to perfect tj*e\ill mitted to enter over the objection of the head of the house.
has precedence.
Mr. THORNTON. That is right.
Mr. GALLINGER. Very well I offer the two amandmentsKj
Mr. BORAH. May I see the amendment, Mr. President’
which I have suggested.
/
\ The PRESIDING OFFICER. The Secretary will again read
The PRESIDING OFFICER, The amendments/ proposed the amendment to the Senate.
by the Senator from New Hampshire will be stated/
T he Secretary. In section 2, on page 2, line 7, after the
The Secretary. In section 2, on page 1, line /o , after the woi\l “ children,” it is proposed to insert the following:
word “ report,” it is proposed to insert the words “ to said de­
P ro v id ed , That this act shall not be construed as attempting to
authorize the bureau created by it to enter into or remain in any
partment.”
/
premised in any State without the consent of the owner or occupant
The amendment was agreed to.
thereof.
The Secretary. It is further proposed, in section 2, on page
Mr. THORNTON. Mr. President, I wish to modify-----2, at the end of line 8, after the word “ investigations,” to strike
The PRESIDING OFFICER. Does the Senator from Idaho
out the period and to insert “ in such manner and to such ex­
tent as may be prescribed by the Secretary of Commerce and yield to the Senator from Louisiana?
Mr. BORAH- I yield to the Senator.
Labor.”
/
Mr. THORNTON. I should like to modify my amendment
The amendment was agreed to.
/
The PRESIDING OFFICER. The question now is on the further by inserting the word “ private ” before “ premises.”
That
amendment proposed by the Senator frpm North Carolina [Mr. ment. is really what was in my mind when I drew the amend­
O verman ], in the nature of a substitute for the entire bill.
The PRESIDING OFFICER. The modification as requested
[Putting the question.] In the opinion of the Chair the noes
have it. The noes have it, and the Amendment is disagreed to. will be made. Does the Senator from Idaho desire to hold the
floor ?
Mr. THORNTON. Mr. President do I understand that the
Mr. BORAH. Mr. President, I desire to say that that modi­
bill is now in the Senate?
The PRESIDING OFFICER. The bill has been in the Senate fication proposed by the Senator from Louisiana does not
wholly remedy the defect. The bill would be very much weak­
for some time, and is still in the/Senate.
Mr. THORNTON. Then, Me President, I wish to offer an ened, it seems to me. As I have said, it invites parties to shut
off investigation.
amendment.
/
Mr. BACON. The Senator from Louisiana means “ resi­
The PRESIDING OFFICER. The amendment proposed by
dence.”
the Senator from Louisiana will be stated.
Mr. OVERMAN. “ Private homes.”
Mr. THORNTON. I ask/that the amendment be read, and
Mr. THORNTON. Then, I will say “ private dwelling ” to
then I •shall ask permission to make a few brief remarks in
comply with the request of Senators who favor the amendment
connection with it.
I
The Secretary'. In section 2, on page 2, line 7, after the word in that way. That was my idea. \
The PRESIDING OFFICER. The Chair understands the
“ children,” it is proposed to insert the following:
Senator from Louisiana modifies his amendment further by
P rovid ed , That this ac/ shall not he construed as attempting to au­
thorize the bureau created hy it to enter into or remain in any premises changing the word “ premises ” to “ private dwelling.”
Mr. THORNTON. Yes, sir.
in any State without tjae consent of the owner or occupant thereof.
The PRESIDING OFFICER. The Secretary will make the
Mr. THORNTON/ Mr. President, on last Thursday, when
this bill came up fgv discussion, I very briefly outlined my oppo­ modification and then read the amendment as modified.
The Secretary. In section 2, on page I, line 7, after the word
sition to it, basing it upon two grounds: First, that I was op­
posed to the grant of ever-increasing power to the Federal “ children,” it is proposed to insert the following:
P rovided, That this act shall
t
construed as attempting to
Government in matters which I thought more properly per­ authorize the bureau created by nottobeenter inrp or- remain m any
it tu emer miy o
l
in anv
tained to the powers of the different States of this Union; and, private dwelling in any State without the consent of the owner or
\
second, because, under the language of this bill authorizing occupant thereof.
and instructing the bureau to investigate and report upon all
\
Mr. BORAH. Mr. President-----matters pertaining to the welfare of children and child life,
Mr. GALLINGER. Will the Senator from Idaho permit me?
authority was given to permit employees of the bureau to invade
The PRESIDING OFFICER. Does the Senator from Idaho
the private homes of citizens of this country and to ask just yield to the Senator from New Hampshire?
Mr. BORAH. I yield to the Senator.
such questions and as many of them as were dictated by the
judgment or the inclination of the official. I object to any
Mr. GALLINGER. I desire to make an inquiry as to
official having the right to enter my home and to pry into my whether the words “ and such other facts as have ;t bearing
\
domestic matters. The object of my amendment is to prevent upon the welfare of children” were not stricken out?
The PRESIDING OFFICER. They were stricken out’.
that.
I do not say that even if the amendment were adopted the
Mr. GALLINGER. Then the amendment of the Senator from
bill would meet with my approval, for it does not; but it would Louisiana ought to come in after the word’ “ Territories,” in
certainly remove a very objectionable and very dangerous fea- line 6.




CONGRESSIONAL RECORD— SEN ATE.

1912.

The PRESIDING OFFICER That is correct. The que:
is upon agreeing to the amendment proposed by the Sen
from Louisiana,.
Mr. BORAH.' Mr. President, I desire to say that whileltlie
proposed amendment now is not so bad as at first, nevertheless
it renders less effective the measure, and it would be very
unfortunate for the b ill'if>it were adopted.
Mr. CLAPP. Mr. P resided, I desire to call the attention of
the Senator from Louisiana t'O the fact that I think the word
“ owner ” should be stricken out Nd the amendment, as it may
lead to confusion. The object of tbe amendment is to protect
the household itself, and the woi*d ^occupant ” is sufficient.
The word “ owner ” might lead to confm&qn.
Mr. THORNTON.
Owner or occupant.” The owner might
not be there.
V
Mr. CLAPP. The owner might object, although the occupant
might not object.
Mr. THORNTON. I am perfectly willing to accept the
amendment.
Mi>-<5l a PP. Then I suggest that the words “ owner or ” be
ken out.
The PRESIDING OFFICER. The amendment will be modi­
fied by striking out the words “ owner or,” and the Secretary
will again read the amendment as modified.
The S e c r e t a r y . In section 2, on page 2, line G after the word
,
“ Territories,” it is proposed to insert:

Bankhead
Clapp
Curtis
Davis
Dillingham

1575

NOT VOTING— 19.
du Pont
Johnston, Ala.
Fletcher
Kern
Foster
Lea
Gore
Lippitt
Hitchcock
Lorimer

Newlands
Percy
Smith, Mich.
Warren

So Mr. T h o r n t o n ’ s amendment was rejected.
Mr. STONE. Mr. President, I think this is a fit occasion
To say a word to emphasize the significance of the vote just
taken. By this vote the American Senate either authorizes in
a negative way or approves the notion that the home of a
citizen may be invaded at pleasure by an official operating
under the provisions o f this proposed law. The home ceases
to be the castle of the citizen. A $900 clerk, “ drest in a little
brief authority,” inflated with self-importance, and puffed with
impertinence, can knock at the d oor/ o f an American and
demand admission, and, if denied, can force his way in. I
presume he would almost have warrafit to kick open the door,
and assemble the family vi et armis/around the hearthstone to
propound such questions as he might think important and
within the range of his authority. /
Mr. President, this is one of the most dangerous things, the
most unregnrdful o f the rights of American citizens tlir.t I have
known to be done or attempted in any* legislative body, and I
can not but express my profound astonishment that it has the
sanction of the Senate of the United States.
Mr. CULBERSON. Mr. President, I offer the amendment I
P r o v id e d , That this act shall not be construed as attempting to au­
send to the desk. N
/
thorize the bureau created by it to enter into or remain in any private
The S e c r e t a r y . After the word “ Territories,” in line 6,
dwelling in any State without the consent of the occupant thereof.
page 2, it is proposed toH ns/rt:
The PRESIDING OFFICER. The question is on agreeing
But no official or agent orSgepresentative of said bureau shall, over
to the amendment. The Secretary will call the roll.
the objection of the head of t l i \ family, enter any private family resi­
ilr . CLAPP (when his name was called). I again announce dence under this act.
my pair with the senior Senator from Florida [Mr. F ee’pU
her ].
Mr. HEYBURN. Mr.yTresid^iR, in justification o f the vote
In life absence I withhold my vote.
which I cast I desire to' say tliat'L was actuated by a consid­
Mr. >CURTIS (when his name was called). I hp-Ve a pair eration for the comfort of the household. It would he intol­
with tlrfe senior Senator from Alabama [Mr. B a n X i i e a d ] , and erable, in my judgment, that the agent should stand at the front
therefore .withhold my vote.
gate and summon the' family out into the. front yard in order
Mr. SHIVELY (when Mr. K e r n ’ s name w a ssa iled ). I wish to ask these questions. I thought it was lighter for the health
to announce that my colleague [Mr. K e r n ] , 4 s necessarily ab­ of this officer as well as for the health of the family that he
sent from th^Senate Chamber on official business.
be permitted to enter the household. Of course, I am opposed
Mr. LIPPITT (when his name was called). I again an­ to the whole proposition; but if we are going to enter upon
nounce my pairVwitli the junior Senate/" from Tennessee [Mr. this matter, make it just as obnoxious as possible and it will
L e a ] , and therefoxe withhold my vote,
then receive early consideration at the hands of the Senate
Mr. M cCUMBER, (when his n a m eA a s called). I announce in its sober second thought.
my pair with the senior Senator from Mississippi [Mr. P e r c y ] ,
The VICE PRESIDENT. The question is on agreeing to
I transfer that pair
the senior ^/Senator from Michigan [Mr. the amendment offered b y the Senator from Texas [Mr. C u l ­
I vote “ nay.
S m i t h ] and vote.
b e r so n ].
[Putting the question.] The noes appear to have it.
Mr. TILLMAN (wlienXhis n a life was called). Under a previ­
Mr. CULBERSON. I ask for the yeas and nays.
ous arrangement I desireVlo announce the transfer o f my pair
he yeas and nays were ordered.
with the senior Senator f roRhA"ermont [Mr. D i l l i n g h a m ] to thei
Mr. SMITH of Georgia. Let the amendment be again read.
Senator from Alabama [Miy^oiiNSTON], and I will vote. I votj
The VICE PRESIDENT. The amendment will be again
“ yea.”
read.
The roll call was conceded.
The S e c r e t a r y . After the word “ Territories,” in line 6,
Mr. OVERMAN. I sfin requested to announce that the Sena­ page 2, insert:
tor from Alabama [M
is detained from the Chai
But no official or agent or representative of said bureau shall, over
the objection of the head of the family, enter any private family resi­
ber by illness.
/
dence under this act.
Mr. TAYLOR ifry colleague [Mr. L e a ] is absent from till
The VICE PRESIDENT. The yeas and nays having been
Senate on officia msiness. He is paired with the junior Senardered, the Secretary will call the roll,
tor from Rhoc Island [Mr. L irriT T ]. I f my colleague were
lie Secretary proceeded to call the roll.
present, I am utliorized to say that he would vote “ yea.”
Mr. CLAPP (when his name was called). I again announce
I w i s h t o s a y t h a t m y c o l l e a g u e [Mr. D i l l i n g ­
Mr. PAG
my pair, and on that account withhold my vote.
h a m ] is necessarily absent from the Senate on official business.
Mr. CURTIS (when his name wa£ called). I announce my
He is paired with the senior Senator from South Carolina [Mr.
pair with the senidt Senator from Alabama [Mr. B a n k h e a d ]
T il l m A n ]. If present, my colleague would vote “ nay.”
Mr. TOWNSEND. I desire again to state that the senior and withhold my voBp> and I will /et this announcement stand
Senator from Michigan [Mr. S m i t h ] is unavoidably1 absent. for the day.
Mr. BRYAN (when M r. F l e t c A e r ’ s name was called). M y
He is paired, however, in favor of the bill.
colleague is absent on business ot/tlie Senate and is paired with
The result was announced— yeas 30, na3 42, as follows:
rs
the junior Senator froniNMinne/otn^ [ M l C l a p p ] , i f m y col­
YEAS— 30.
league were present, he would Mote “ yea.”
I’ acon
Taylor
Shively
Martin, Va.
Bailey
Bvandegee
Bryan

Ballinger
Gardner

Myers
O’Gorman
Oliver
Overman
Paynter
Penrose
Rayner

Borah
Bourne
Bradley
Briggs
Bristow
Brown
Burnham
Bu rton
Chamberlain
Clark, Wyo.
Clarke, Ark.

Crane
Crawford
Cullom
Cummins
Dixon
Gamble
Gronna
Guggenheim
Heyburn
Johnson, Me.
Jones

Chilton
Culberson




Simmons
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Stone
Swanson

NAYS— 42.
Kenyon
Da Follettc
Lodge
McCumber
McLean
Martine, N. J.
/Nelson
/Nixon
v Owen
Page
Perkins

Thornton
Tillman
Watson
Williams
Works

Poindexter
Pome rene
Reed
Richardson
Root
Stephenson
Sutherland
Townsend
Wetmore

A

M r.

S H IV E L Y

(w h e n

M i\ I 0 : r n ’ s

nam e

w as

c a lle d ).

I

de-

sire again to announce to the
n a te th a t m y c o lle a g u e is a b s e n t
on official business.
Mr. TAYLOR (when Mr. ea'<£ name was called). My collongue is absent on busines , of t\e Senate and is paired with
,
the junior S e n a t o r f r o m Rhone Island [ M r . L i p p i t t ] ,
Mr. LIPPITT (when h i/ name was called). I again an­
nounce my pair, and will /e t that announcement stand for the
day.
Mr. McCUMBEIl (whe/i his name was called). I again an­
nounce my pair with thqf senior Senator from Mississippi [Mr.
P e r c y ].
I transfer the p a ir to the senior Senator from Michi­
gan [Mr. S m i t h ] , and wall vote. I vote “ nayx”
Mr. REED (when life name wffs called). I desire to state
that I have an imdersttuuling with the Senator from Michigan

1570

CONG RESSION AL RECORD— SENATE.

J anuary 31,

—

4TJB ■

an e x a m p le to t h e ir , ch ild ren w h ich sh ou ld go ve rn th em in
e sta b lish in g th e ir Ideas a s to w h a t is righ t an d w h a t is w ron g.
J u s t th in k o f in q u irin g on such an occasion w h e th e r th is
ch ild w a s su b je cte d to th e e x a m p le o f fe s t iv it y an d its in cid e n ts,
liab le, th rou gh s u fh an e x a m p le , to be led into d issip a tio n in
la te r life an d b e e b p e a ch a rg e upon th e P u b lic T re a s u r y .
T h e s e th o u g h ts rise in v o lu n ta rily in one’ s m in d , an d one is
shocked an d ap p alled .
O f co u rse th e ag en t w ou ld k nock on th e
d oor o f th e o rd in a r y citizen , and h e w o u ld be m e t a t th e d oo r
b y the p ro p rie tor fcr som e o f th e fa m ily , an d th e a g en t can g e t
a t th em re a d ily an d p u sh p a s t th e m a n d in sp ect th em .
But
w h en th e ag en t copies to th e sta te lie r m a n sio n s, he w ill rin g th e
bell an d ru n th e g a n tle t o f the serv a n ts, a n d be to ld th e f o lk s
a r e n ot a t h om e op a r e engaged an d can n ot be d istu rb e d , an d
n o tw ith sta n d in g tiffs b ru ta l officer w ill ru sh in an d re q u ire an
insp ection.
W e a re go in g a s tr a y in th is m a tte r.
W e a re fo rg e ttin g th e re
is su ch a th in g a s in d iv id u a l righ t.
W e a re fo r g e ttin g th e re is
su ch a th in g a s tlie\ rig h t o f a h om e an d th e th in g s p e r ta in in g
to the hom e.
W e fo rg e t th a t it is fr o m th e v e r y c la s s — I u s e *
th a t w o rd in no in v id io u s sense, b u t m e re ly to d is tin g u is h one
cla s s fro m a u o t t i e r -4 h a t is be in g h eld up a s re q u irin g rig id
go v e rn m en ta l in sp ection th a t fo u r -fifth s o f th e m en a n d w o m e n
o f w o rth in th is counm-y com e.
S u ch leg isla tio n a s \ th is, a s I said on a fo rm e r oc casion ,
w o u ld h a v e ta k e n a m a n lik e A b r a h a m L in c o ln fr o m th e c u s­
to d y o f h is p aren ts, b e ca u se th e y liv e d on the e a r th floor in
th e log cabin , surroun dbd b y w h a t w ou ld be term ed , in th e
p oetic la n g u a g e o f th e re p orts o f th e officer, sq u a lo r an d p o v e rty
an d m ise ry , an d y e t w ithVall th e in a te a m b itio n w h ich a n im a te s
th e g re a t m a n , ly in g on m s fa c e on th e floor, stu d y in g an d de­
ve lo p in g ch a ra cte r a n d m\nd b y th e fireligh t o f th e log in th e
fireplace.
T h e b e st m en an d th e ttest w om en in the w o rld h a v e co m e
fr o m h u m b le su rro u n d in g s.! T h e r e is so m eth in g ab ou t such a
life th a t seem s to d e v e lo p !c h a r a c te r betw een lin e s o f s a fe ty
So M r. C u l b e r s o n ’ s a m en d m en t w as rejected .
a s d istin g u ish e d fro m th o se (c o n d itio n s th a t su rro u n d th e c h ild
M r. H E Y B U R N .
M r. P re sid en t, w e h av e n ow placed
w ith lu x u r y and la zin e ss, re su ltin g in p roficien cy in th e con­
s ta m p o f d isa p p ro v a l on A r tic le I V o f th e C o n stitu tion o _
su m p tio n o f cig a r e tte s an d oth er th in gs.
U n ite d S ta te s, w h ich it m ig h t be w e ll to c a ll to th e a tte n tio n
M r. P re sid en t, I s till h a v e lh o p e th a t th e la s t th o u g h t upon
o f th e S en ate. I t s a y s :
th is m e a su re w ill d evelop t h e lf a c t th a t som e w isd o m h a s been
The right of the people to be secure in their persons, houses, papers, ga in e d b y th e p ro tra cte d c o n sid eration o f th is q u estion , an d
and effects, against unreasonable searches and seizures, shall not be th a t th e w h ole m e asu re w ill bdi d efe a te d .
violated.
M r. C U L B E R S O N .
M r. P resid en t, I offer th e a m e n d m e n t I
I sup pose th is officer, by im p lica tio n , is a u th o rize^ to enter
send to th e d esk, to be in se rted \ m th e sa m e p lace a t w h ich th e
a h ou seh o ld an d req u ire th e p aren t to p rodu ce tjle c h ild ; to
oth er w a s offered.
b rin g h im o u t fo r exa m in a tio n .
The V IC E P R E S ID E N T .
T h £ S en a to r fro m T e x a s o ffers an
M r. G A L L I N G E R .
T o d eterm in e w h eth er i t j f e , d ise a se d or
am en d m e n t, w h ich w ill be sta
not.
T h e S e c r e t a r y . O n p a g e 2, lii|e 6, a fte r th e w o rd s “ S ta te s
M r. H E Y B U R N . T o see w h eth er th e ch ild q # e t s the ap p ro va l
an d T e r r ito r ie s ,” i n s e r t :
o f th is c l e r k ; to see w h eth er h e is w ell fe d am.il w ell clothed.
But no ofiicial or agent or representative of said bureau shall, over the
T h e w ise st m en an d th e w is e s t bodies o f n^m. som etim e s go f a r
objection of the head of the family, eater any house used exclusively
as a family residence.
a s tr a y . In v o tin g d ow n a pro po sitio n o f tipis k ind, w h ich w a s
T he V IC E P R E S ID E N T .
T h e qu estion is on ag re e in g to th e
n o th in g m o re or less th a n an a sse r tio n f t th a t p rinciple, the
a m en d m e n t offered by th e S en a to r I fr o m T e x a s .
[P u ttin g th e
S en a te se em s to h a v e fo rg o tte n th a t tlic /> is a C o n stitu tio n o f
q u e stio n .]
T h e “ n o e s ” ap p ea r to h av e it.
the U n ited S ta te s. I f th e re w a s no C y s t i t u t i o n th e sen tim en t
M r. T H O R N T O N .
T h e y e a s an d ijays, M r. P re sid en t.
e x p re sse d by th e op p osition to th is ainpndm ent w ou ld be a v io ­
T h e y e a s an d n a y s w ere ordered.
lation o f h u m a n righ ts, and the G p nstitution is m e re ly an
M r. B A I L E Y .
M r. P re sid en t, i f C o n gre ss h a s th e p ow er to
exp re ssion o f th e rig h ts o f a h u m a n yping un d er a se lf-g o v ern in g
p ass th is b ill, and to collect th is i n f A m a t io n , th en it h a s th e
system o f govern m en t.
p ow er to e m p lo y a n y m e a n s n e ce ssary \ o its collection , an d the
M r. S U T H E R L A N D .
M r. P re sid en t
officers ap p oin ted und er it can enter fflie h o m es o f th ese peo­
The V IC E P R E S ID E N T .
D ^ s th e S en a to r fr o m Id a h o
p le, u n le ss som e am en d m e n t lik e th is is \ n a d e a p a r t o f th e b ill.
y ie ld to th e S en a to r fro m U ta h
M r. C H A M B E R L A I N .
M r. P re sid en t. I d esire to d issen t
M r. H E Y B U R N .
Y e s.
fro m th e view exp re sse d b y th e d istin g u ish e d S en a to r fro jn
M r. S U T H E R L A N D .
D o e s Jfhe S en a to r th in k w e w ou ld add
a n y th in g to th e stren g th o f a /c o n s titu tio n a l rig h t by rep ea tin g
T e x a s , a s w ell a s a g a in st th e v ie w e xp re sse d b y th e S en a to r
it in a s ta tu te ?
fr o m Id a h o .
I h av e voted c o n s ta n tly a g d in st th is am en d m e n t
M r. H E Y B U R N .
N o.
I / w a s m e re ly e x p re ssin g m y se n ti­ on th e th eory th a t th e re is n ot a w ord or mne in th e b ill w h ich
a u th o rize s th e in v a sio n o f a n y m a n ’ s hom e.\
m e n t in re g ard to th e \o/e.
I f the C o n stitu tio n shou ld be
am en d ed accord in g to th e Sentim ents w h ich h a v e p re va iled here
M r. S M I T H o f S ou th C a ro lin a .
M r. P re sid en t, I h ad in ­
to -d a y , the people w o u ld /m e n d it f a s t enough or ab olish it.
ten d ed fro m th e b egin n in g to vo te fo r th is 1 11 b u t w h en th ese
^ ,
M r. P resid en t, I v o te d /a g a in s t th e first a m en d m e n t m ore as
am e n d m e n ts offered by th e S en a to r fro m T k x a s d rew ou t the
a m a tte r o f s a t is fy in g /c u r i o s it y th a n a n y th in g else.
I w as
exp re ssion th a t it is, a t lea st, in d oubt w lfeth er th e officers
cu r io u s to know w h eth er or n ot th a t prin ciple w h ich h a s a lw a y s
crea ted u n d er th is b ill sh a ll h av e the rig h t to I n v a d e th e h om es
been recognized, o f tlun sa n c tity o f th e h om e an d th e resp on­ o f th e citizen s in e n fo rcin g the te rm s o f th is 1 1 , I d eterm in ed
M1
sib ility o f th e p a r e n t,/w o u ld be so lig h tly vo ted a w a y .
th a t u n le ss som e such s a fe g u a rd a s th e se a m e a d m e u ts propose
J u st th in k h ow inrblerable it w o u ld be, in th e m id s t o f a can be th ro w n arou n d it I sh a ll v o te a g a in s t fflie b ill in toto.
gre a t social fu n c tio n , w ith th e f a m ily asse m b le d in th e d ra w in g - I w a s un d er th e im p re ssio n th a t the p u rp ose o f th is b ill w a s
ro o m or aro u n d th e d inner ta b le, d ressed f o r th e b a n q u e t or th e to ta k e th is se rv ice o u t o f th e se ve ra l d ep a r tm e n ts , w h ere th e
fe te , to h a v e an officer com e in an d say , “ P ro d u c e th e c h i l d ; I
sa m e w o rk is n ow fr a c tio n a lly done an d co n cen trate it into
w a n t to see it .”
[L a u g h te r .]
A .$900 clerk , it is suggested. one b u r e a u ; an d th a t th ese officers, ben efitin g b y tffe e xp erie n ce
H e w ou ld com e in, an d th o se people, w h o h a v e a ll th e y can do th a t h a s been give n b y th e S en a to r fr o m N o rth C a ro lin a , w ou ld
to stru gg le a g a in st th e a d v e r sity o f fa te , w ou ld be requ ired to co lle ct an d co lla te fro m w h a te v e r source a v a ila b le th e in fo r ­
s&op on an occasion o f th is sort an d p roduce fo r th e in spection
m a tio n n e ce ssa ry fo r th e p roper con d u ct o f th is w o rk a n d fo r
o f the officer the ch ild or even th e a d u lt, as to w h e th e r o r n ot th e benefit o f th e p eople w ith o u t ru th le s s ly e n te rin g th e h om es
th e y are clothed an d d ressed w ith in th e b ou n ds o f rea son , a s to ob tain th is in fo r m a tio n .
[M r . S m T n j ] th a t I w ou ld n o t v o te in h is ab sence.
H o w e v e r,
I am in ferm e tffjis to h is p osition on th is b ill,,a n d it is th e sam e
a s m y ow n. a m P tlm re fo re T w ill vote.
U * tfte “ y e a .”
M r. T I L L M A N (wfemi h is n a m e \ym*^called) .
R e p e a tin g the
e x p la n a tio n I h av e giv e h stw ice , Iw r ffe “ y e a .”
M r. W A R R E N (w h e n
c a lle d ).
I h a v e a gen ­
eral p air w ith th e sen ior S e j* f T o M to m L o u isia n a [M r . F oster],
a n d w ith h o ld m y vote,
T h e roll call Wag^edScluded.
M r. P 0 I N I £ J 3 ? !p E R .
I d esire to ann ounce T hrtkjuy colleague
[M r . J o n e s t i s u n a v o id a b ly absent, on public businesSr-. I f p re s­
ent, hp ^ fo u ld v o te “ n a y .”
'O fb re su lt w a s an n ou n ced — y e a s 3G, n a y s 37, n ot v o tin g 18,
a s ^ f o llo w s :
Y EAS— 36.
Bacon
Smoot
Gardner
Paynter
# a ile y
Stone
Heyburn
Penrose
Swanson
fcradley
Kenyon
Kayncr
Taylor
Martin, Ya.
Iteed
rBrandegee
Thornton
Myers
Shively
Bryan
Tillman
O'Gorman
Simmons
Chilton
Smith, Ga.
Watson
Oliver
Culberson
Overman
Smith, Md.
Williams
du Pont
Owen
Smith, S. C.
Works
Gallinger
*
NAYS— 37
Crane
Da Follette
Pomerene
Borah
Dodge
Crawford
Richardson
Bourne
Cullom
McCumber
Root
Briggs
McDean
Cummins
Stephenson
Bristow
Dixon
Martine, N. J.
Sutherland
Brown
Gamble
Nelson
Townsend
Burnham
Nixon
Wetmore
Gronna
Burton
Guggenheim
Page
Chamberlain
Ilitehcock
Perkins
Clark, Wyo.
Poindexter
Johnson, Me.
Clarke. Ark.
NOT VOTING— 18.
Percy
Fletcher
Kern
Bankhead
Smith, Mich.
Foster
Dea
Claim
Warren
Lippitt
Gore
Curtis
Johnston, Ala.
Dorimer
Davis
Newlands
Dillingham
Jones




1912.

CONGRESSIONAL RECORD— SENATE.

B u t i t is a d iffe r e n t q u e stio n i f i t is to a s s u m e a n in q u is i­
to r ia l f o r m .
I w a n t to s a y r ig h t h e re t h a t th e r e is n o t a m a n
on t h i s flo o r w h o d o e s n o t k n o w t h a t th e m o s t s e n s itiv e o f a ll
t h e c it iz e n s o f o u r c o u n tr y a r e th e v e r y p o o re st.
T h e m an
w h o m a d v e r s e c ir c u m s t a n c e s h a s b r o u g h t to a c o n d itio n o f p o v ­
e r t y — c ir c u m s t a n c e s o v e r w h ic h h e p e r h a p s h a s n o c o n tr o l— ■
s h r in k s f r o m h a v in g h is h o m e in v a d e d a n d it s c o n d itio n e x ­
p lo ite d b e fo r e th e p u b lic .
S u r e ly th e a g e n ts p ro p o se d in t h i s b ill c o u ld fin d f a c i li t i e s
f o r g a th e r in g a ll th e n e c e s s a r y in f o r m a t io n t h a t th is b ill p ro ­
p o s e s s h a ll b e g a th e r e d w ith o u t th is o b n o x io u s w a r r a n t . T h e r e
a r e d o c to r s w h o g o a b o u t in th e c o u n tr y a n d to w n s w h o a r e
f a m i l i a r w ith th e c o n d i t i o n s ; a n d th e y c o u ld g iv e th e f a c t s w i t h ­
o u t e x p o s in g th e C itiz e n to th e in q u is ito r ia l s e r v ic e o f th e s e
office rs. A n d I h o p e sin c e r e ly t h a t th e f r a m e r s o f th e b ill a n d
th e a d v o c a te s o f th e b ill w ill a llo w u s w h o a r e in e a r n e s t a ls o
a b o u t th is m a t t e r to h a v e th is a m e n d m e n t g o tte n in th e b e s t
a v a ila b le f o r m , a n d n o t p u t u s in th e a t tit u d e o f a c q u ie s c in g
in o u t r a g in g th e s a n c tit y o f th e h o m e o r fo r c in g u s to v o te
a g a in s t th e b ill.
M r. S U T H E R L A N D .
M r . P r e s id e n t-------T he V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m S o u th C a r o ­
lin a y i e ld to th e S e n a to r f r o m U t a h ?
M r . S M I T H o f S o u th C a r o lin a .
I d o.
M r. S U T H E R L A N D .
W h a t p r o v is io n d o e s th e S e n a to r find
in t h i s b ill t h a t w o u ld a u t h o r iz e ^ a n y officer to e n te r th e h o m e
o f a c it iz e n a g a in s t th e o b je c t io n o f th e c it iz e n ?
M r . S M I T H o f S o u th C a r o lin a . W h a t is th e o b je c tio n , th e n ,
to p u ttin g i t in th e b ill s p e c ific a lly rfaat th e officer s h a ll n o t ?
M r. S U T H E R L A N D .
B e c a u s e it p s v t o m y m in d a p e r fe c t ly
u s e le s s th i n g to d o ; a w h o lly u n n e c e s s a r y th in g to d o.
If we
a r e to w r it e t h a t la n g u a g e in to th is la w , t^ieii w e o u g h t to w r ite
i t in t o e v e r y la w w h ic h a u t h o r iz e s a n y officer o r a g e n t o f t h e .
G o v e r n m e n t to g a th e r in f o r m a t io n , b e c a u s e th e in fo r m a tio n ^
m u s t be g a th e r e d f r o m p e r so n s, a n d i f it is 'n e c e ss a r y to n e g a ­
t iv e in th is la w th e r ig h t o f a n officer to g o in fo a h o m e a g a in s t
t h e p r o te s t o f th e o w n e r o r th e o c c u p a n t, i t w oiffil b e n e c e s s a r y
to d o it in e v e r y la w .
I u n d e r ta k e to s a y th e r e \is n o t a lin e
in th is b ill w h ic h w o u ld in a n y m a n n e r a u t h o r iz e ata^y official or
a g e n t to e n te r th e h o m e o f a c itiz e n a g a in s t h is p r o t e s t * /
M r . S M I T H o f S o u th C a r o lin a .
I f t h a t b e tr u e , thuye c a n be
n o o b je c t io n to e m p h a s iz in g t h e in te n t n o t to d o if . ''B u t b y
p a r it y o f r e a s o n in g , i f C o n g r e s s p a s s e s a n a c t f u r a sp ecific
p u r p o se , th e n th e officers a c tin g u n d e r t h a t a c t, w ith o u t sp ec ific
p r o h ib itio n , c o u ld u s e a ll th e m e a n s in th e ir p o w e r to c a r r y V u t
t h e te r m s o f th e a c t ; a n d w h e n th e y go to th e h ofh e o f a c itiz e n ,
t h e a c t d o e s n o t p r o h ib it th e m f r o m e n te r in g if** b u t i t d e m a n d s ^
t h a t th e y g e t th e in f o r m a t io n .
/
M r. S U T H E R L A N D .
I f a n y officer a t te m p ts , n o t u n d e r th e
e x p r e s s w a r r a n t o f th e la w , to e n te r th e h o m e o f t h e c itiz e n , h e
w o u ld b e c o m m it tin g a tr e s p a s s , w o u ld h e .h o t?
•
M r . S M I T H o f S o u th C a r o lin a .
T h e /C o n s t i t u t i o n s a y s th e
c itiz e n s h a ll b e p ro te c te d a g a in s t u n r e a s o n a b le s e a r c h e s a n d
s e iz u r e s .
Y o u h a v e m a d e i t a r e a s o n a b le one.
M r. S U T H E R L A N D .
I a m n o t t a lk in g o f th e C o n s titu tio n .
I s a y u n le s s th e r e is a n e x p r e s s w a r r a n t o f la w f o r th e officer
to e n te r th e h o m e o f th e c itiz e n , i f th e officer e n te r s it a g a in s t
t h e p r o te s t o f th e c itiz e n h e c o m m it s a tr e s p a s s .
M r . S M I T H o f S o u th C a r o lin a .
W i l l n o t th e S e n a to r a d m it
t h a t th e m e re p a s s a g e o f th im ifill r e q u ir in g c e r ta in o ffic ia ls to
fio c e r ta in th in g s is in i t s e l f a w a r r a n t to d o th a t th in g ?
M r. S U T H E R L A N D .
N o / T h is d o e s n o t a u t h o r iz e th e o f ­
ficia l to e n te r th e h o m e w ith th e c o n s e n t-------M r. C U L B E R S O N .
M r .’ P r e s id e n t-------T h e V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m U t a h y ie ld
to th e S e n a to r f r o m T e x a s ?
M r . S U T H E R L A N D / I n a m o m e n t.
T h i s b ill s im p ly a u ­
t h o r iz e th e a g e n ts to in v e s t ig a te a n d r e p o r t u p on a ll m a tte r s

th o u g h th e p h r a s e o lo g y w a s s o m e w h a t d iffe r e n t, w a s th e s a m e .




1577

A l l S e n a to r s u n d e r s to o d th a t i t w a s th e sa m e . I t w a s to r g u a r d
a g a in s t a n y officia l e n te r in g th e p r iv a c y o f a h o m e to m a k e
in v e s t ig a tio n s o v e r th e p r o te s t o f th e o w n e r o r o c c u p a n t o f
t h a t h o m e . A n d th e S e n a to r f r o m I d a h o s a id t h a t i f i t p a s s e d
it w o u ld e m a s c u la te th e b ill, th a t i t w o u ld d e s tr o y th e v e r y
p u r p o s e o f th e b ill.
/
I s h o u ld lik e to s a y f u r t h e r t h a t I re co g n ize , a s d o o th e r
S e n a to r s h e re re c o g n iz e , t h a t n e w c o n d itio n s h a v e a r is e n .
F a c ili t ie s f o r c o m m u n ic a tio n s a n d tr a n s p 6 r ta tio n h a v e b e c o m e
so p e r fe c t th a t, th o u g h w e h a v e o u r firs t a lle g ia n c e a n d lo v e
to o u r S ta t e , w e h a v e b e c o m e c o s m o p o lita n .
D is e a s e s m a y b e
s p r e a d w it h in fin ite ly m o r e e a s e n d w th a n th e y w e r e 5 0 y e a r s
a g o , a n d I re c o g n iz e t h a t th e r e is a d is e a s e m o r e te r r ib le th a n
th e p h y s ic a l one.
I f m y n e ig h b o r ’ s c h ild r e n t a k e s m a llp o x or
s o m e c o n ta g io u s d is e a s e I in s is t t h a t th e y e llo w fla g s h a ll be
p u t up a n d th e y s h a ll b e q u a r a n tin e d , b u t I h a v e n o p o s s ib le
w a y o f g u a r d in g a g a in s t im m o r a l in fe c tio n .
A n d i t is la r g e ly
to t h e s o lu tio n o f tlijs p ro b le m t h a t th is a p p lie s .
T h e r e is in m y o w n c ity to -d a y a r e f o r m a t o r y sc h o o l, th e first
in th e h is t o r y o y t h e S ta t e .
I t is a lle g e d th a t e v il te n d e n c ie s
a m o n g b o y s a ^ b e in g m u ltip lie d la r g e ly b y c e r ta in c o n d itio n s
g r o w in g o u t g f m o d e r n life .
T h o u s a n d s o f o c c u p a tio n s u n d e r
m o d e rn c o m fit io n s, t a k in g f a t h e r s a w a y a lm o s t c o n tin u a lly
f r o m t h e i r ji a m i l i e s , a r e f o r c in g th e S ta t e to g r a p p le w ith th e
p r o b le m of s u p p ly in g th is la c k o f p a te r n a l ru le a n d co n tr o l o f
th e h oim £ I w a s f a v o r a b le to th e b ill on th e b r o a d g r o u n d t h a t
f r o m j p e r y S ta t e in th e U n io n th e r e w o u ld be g a th e r e d th e
th o u g h ts a n d e x p e r ie n c e s o f th e e a r n e s t, h o n e s t m e n w h o w e r e
a t te m p tin g to s o lv e th e p r o b le m o f h o w b e s t to s e r v e th e y o u n g ,
t h / c h i l d r e n , o f th is c o u n tr y — n o t w ith th e in te n t o f g o in g in to
S u ite s to le g is la te , b u t s im p ly to g iv e a d v is e a s d o o t h e r b u r e a u s
Jn r e fe r e n c e to o u r m a t e r ia l a n d fin a n c ia l w e lf a r e .
I w a s p er­
f e c t l y w illin g to v o te f o r th e b i l l ; b u t I h e r e b y e n te r m y p r o te s t
n o w t h a t I s h a ll n o t v o te f o r th e b ill w h ic h , b y a n e x p r e s s io n
o f th e a u t h o r o f it a n d b y th e im p lic a tio n o f th e v o te on th e
a m e n d m e n ts , g iv e s a n y m a n th e p o w e r to e n te r th e s a c r e d
d o m a in o f th e h o m e o f th e h ig h e s t o r th e lo w e s t a n d s e a r c h
th e r e f o r f a c t s to s p re a d b e fo r e th e p u b lic w it h o u t k n o w in g th e
c a u s e s t h a t b r o u g h t a b o u t th e c o n d itio n s w h ic h h e fin d s th e r e .
M r. B O R A H .
M r . P r e s id e n t, i f I c o u ld fin d in th is b ill a n y
in t im a t io n o f a u t h o r it y f o r th e a g e n t o f th e G o v e r n m e n t to
e n te r th e h o m e o v e r th e p r o te s t o r w ith o u t th e c o n s e n t, i f it
w a s m a d e k n o w n , o f t h e o c c u p a n t, I c e r t a in ly w o u ld b e in
f a v o r o f a m e n d in g it.
I d o n o t b e lie v e t h a t th e r e is a n in t im a ­
tio n o f th a t k in d in th e b ill.
I d o n o t b e lie v e , fu r th e r m o r e , t h a t
a m a n c o u ld e n te r th e h o m e o f a re s id e n t o f a S ta t e w ith o u t h is
c o n s e n t u n d e r t h i s b ill.
I d o n o t k n o w h o w h e w o u ld d o it.
I k n o w t h a t h e w o u ld h a v e a m p le a n d a b s o lu te p r o te c tio n
u n d e r th e la w s o f th e S t a t e w h ic h th i s s ta tu t e c o u ld n o t o v e r ­
rid e , i f it in sp ecific te r m s u n d e r to o k to d o so.
M r. S T O N E .
I s h o u ld lik e to a s k -------M rk B A C O N .
I s h o u ld lik e to a s k th e S e n a to r -------The V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m I d a h o y ie ld ,
a n d to w h o m ?
M r. B O R A H .
I y ie ld to th e S e n a to r f r o m M is s o u r i, a s h e
h a d th e fibnr first, a n d th e n I w ill y i e ld to th e S e n a to r f r o m
G e o r g ia .
\
M r. S T O N E ,
I s h o u ld lik e to a s k th e S e n a to r , th e n , w h a t h e
m e a n t b y w h a u jie s a id s o m e tim e a g o , I th in k w h ile th e a m e n d ­
m e n t o f th e S ^ jia to r f r o m L o u is ia n a [ M r . T h o r n t o n ] w a s
p e n d in g , a n d w h \ -h in s u b s ta n c e a n d e ffe c t is id e n tic a l w it h
t h e o n e n o w p e n d in g , t h a t i f it s h o u ld b e a d o p te d it w o u ld
p r a c tic a lly d e s t r o y rh e b ill.
M r. B O R A II.
M r .-P r e s id e n t , it is q u ite p o s s ib le — a n d I w ill
b e f r a n k w ith th e S e n a te in th is m a t t e r — th a t m y la n g u a g e w a s
to o b r o a d , b u t th e i d e a V d i i c h I h a d in m in d w a s th a t i f w e
p u t in th e b ill th e lim it a tio n , it w o u ld in v ite th e p a r tie s to s h u t
o u t th e a g e n t a n d h e w ouhlN jiave n o p o w e r to in v o k e a n y S t a t e
a u t h o r it y w h a t e v e r ; th a t h e y w o u k l be lim it e d a n d p r e s c r ib e d
b y th is a c t.
\
B u t th e r e w a s a n o th e r p ro p o s itio n in th e fir s t a m e n d m e n t.
I t w a s t h a t i f th e m e r e c o n s e n t o f th e p a r t y w a s n o t o b ta in e d
t h a t fo r e c lo s e d th e a c tio n o f th e N g en t e n tir e ly w it h r e fe r e n c e
to m a n u fa c tu r in g e s ta b lis h m e n t s anti o th e r p la c e s , w h ic h is a n
e n tir e ly d iffe r e n t p ro p o s itio n f r o m th e o n e w h ic h is p re s e n te d
now .
N o w , so f a r a s I a m c o n c e rn e d , a s I s ta te d , i f I th o u g h t th e r e
w a s a n y a u t h o r ity w h a te v e r f o r e a t c r i n g \ h e h o u s e w ith o u t th e
c o n s e n t o f th e o w n e r o r o c c u p a n t I w o u ld a g r e e to th e a d o p tio n
o f th is a m e n d m e n t.
\
N o w , I y ie ld to th e S e n a to r f r o m G e o r g ia .
M r. B A C O N .
I w a s s im p ly g o in g to a s k th e S e n a to r th is
q u e s t io n : T h e S e n a to r s a id th e h o u s e h o ld e r w o u ld h a v e th e
p r o te c tio n o f th e la w , i f h e in v o k e d it.
T h e r e is a d iffe re n c e
o f o p in io n u p on th e s u b je c t a s to w h e th e r o r n o t th is b ill w o u ld

11578

CONGRESSIONAL RECORD— SENATE.

c a rry such a u th o r ity , as is evidenced b y th e a m e n d m e n ts w h ich
h a v e been offered. I s it n o t b etter, in v ie w o f w h a t th e S en a to r
h im s e lf sa y s is th e in ten t, th a t th e la w sh a ll in stru c t those
w h o a re ch arged w ith th is re sp o n sib ility a s to w h a t th e y have
a rig h t to do an d w h a t th e y h a v e n o t a r ig h t to do, ra th e r than
to lea v e it a m a tte r o f e xp en se a n d an n oya n ce , or le g a l proceed­
in g s to se ttle th a t q u e stio n ?
T he V IC E P R E S ID E N T .
T h e qu estion is on ag reein g to
the a m en d m e n t o f th e S e n a to r fr o m T e x a s [M r . Culberson],
on w h ich th e y e a s an d n a y s h a v e been ordered. T h e S ecre ta ry
w ill c a ll th e roll.

P
i

T h e S e c re ta ry proceeded to ca ll th e roll
M r. C L A P P (w h e n h is n a m e w a s ca llorf). I ag a in announce
m y p a ir w ith th e S en a to r fr o m F lo rid a [M r . F l e t c h e r ] .
In
th e ab sen ce o f th a t S en a to r I w it h h o ld m y vote.
M r. T H O R N T O N (w h e n M r. F o y e r ’ s n a m e w a s c a lle d ).
I
w ish to an n ou n ce th e n e ce ssary jrosence o f m y colleagu e [M r.
F o st e r ] , w HJi th e sta te m e n t tlm t i f he w ere h ere he w ould
ce rta in ly vot<N“ y e a .” M y co lj^ ag u e is p aired w ith th e S en a to r
fr o m W y o m in g ^ M r . W ar re
M r. M c C U M B E H A w h e n /liis n a m e w a s c a lle d ).
I ag a in an
n ou n ce m y p a ir with*, th e senior S e n a to r fr o m M ississip p i [M r .
P e r c y ] an d th e transftffCpf th a t p a ir to th e sen ior S en a to r fro m
M ic h ig a n [M r . S m it j *']. jPsvote “ n a y .”
M r. R E E D (w h e n h is nam e, w a s c a lle d ).
I a m p aired w ith
th e S en a to r f r o m /M ic h ig a n [ M t N ^ m i t h ] , b u t th e sen ior S en a to r
fr o m N o rth D a k o ta [M r . M c C u M S te ] h a v in g tr a n sfe rre d h is
p a ir to th a t S en a to r, I con sid er m y s e lf a t lib e rty to vote.
I
v o te “ y e a .” . /
N.
M r. T I L L M A N (w h e n h is n a m e w a s c a lle d ).
W it h the e x ­
p la n a tio n a lr e a d y given, I v o te “ y e a .”
M r. W A R R E N (w h e n h is n a m e w a s c a lle d ).
I w ish to a n ­
n ou nce m y p a ir w ith the senior S en a to r fro m L o u isia n a [M r .

F o st e r ].
T h e roll call h a v in g been concluded, th e
n ou nced— y e a s 39, n a y s 34, a s f o l l o w s :
YEAS— 39.
Owen
Bacon
Gardner
I’aynter
Heyburn
Bailey
Pomercne
Hitchcock
Bradley
Raynor
Johnson, Me.
Brandegee
Briggs
Kenyon
Reed
Bryan
Shively
Martin, Va.
Chilton
Simmons
Myers
Smith, Ga.
Culberson
O’Gorman
du Pont
Smith, Md.
Oliver
Gallinger
Smith, S. C.
Overman
N AYS— 34.
La Foliette
Borah
Crane
Lodge
Bourne
Crawford
McCumber
Cullom
Bristow
McLean
Cummins
Brown
Martine, N. .1.
Dixon
Burnham
Nelson
Gamble
Burton
Nixon
Gronna
Chamberlain
Guggenheim
Page
Clark, Wyo.
Perkins
Jones
Clarke, Ark.
NOT VOTING— IS.
Fletcher
Lea
Bankhead
Foster
Lippitt
Clapp
Lorimer
Gore
Curtis
Newlands
Johnston, Ala.
Davis
Penrose
Dillingham
Kern

re su lt

w

Smoot
Stone
Swanson
Taylor
Thornton
Tillman
Watson
Williams
Works

Poindexter
Richardson
Root
Stephenson
Sutherland
Townsend
Wetmore

Percy
Smith, Mich.
Warren

So M r. C u l b e r s o n ’ s am en d m e n t w a s ag re e d to. •
T h e b ill w a s ord ered to be en grosse d fo r a th ird re a d in g and
w a s re a d th e th ird tim e.
The V IC E P R E S ID E N T .
S h a ll the bill p a ss?
M r. B A I L E Y .
I a sk fo r th e y e a s an d n a y s oh th e p assa ge o f
the b ill.
M r. G A L L I N G E R .
A r . P re sid en t, b efo re th e yb te is tak en
on the p assa g e o f th e biV I w ish to m a k e a sin g le ob serva tion .
T h e ju n io r S en a to r fro m M isso u r i [M r . R e e d ] closed h is
speech to -d ay w ith a re m a rk th a t th e p r o b a b ilm e s w ere th a t th e
op p osition to th is b ill ca m \ fr o m th e so-c*m ed m a n u fa c tu r in g
S tates, w h ere th e y d id n o t V v a n t leg isla tio n o f th is k ind .
I
chan ce in p a r t to represent a V u a n u fa c b m n g S ta te , an d I w a n t
to say to S e n a to rs in a ll sincVrity tR at I h av e n ot received a
co m m u n ic atio n fro m a n y m anufcictuiung concern or an y official
em p lo ye d in an y m a n u fa ctu rin gX g ro ce rn in eith e r m y S ta te or
a n y other o f the N e w E n g la iu V K ta te s.
So th a t m y vo te h as
n ot been influenced b ecau se off^uV t co n sid eration .
O ne oth er rem ark , M r. P resid en t.
T h e S e n a to r fr o m O k la ­
h om a [M r . O w e n ] in h is jfiirn e st\ e ss ob served th a t w h ile w e
w ere w illin g to p ay la r g a fs u m s o f \m oney fo r in v e stig a tio n s of|
a lm o s t eve ry conceivable kin d w e y w e re u n w illin g to v o te a
p ittan ce o f $ 2 9 ,0 0 0 tovfn q u ire in to 1»e social co n dition s o f the
w om en a n d ch ildren g f the U n ite d S tates.
M r. P resid en t, tlnft is n o t qu ite fa™-, a n d I am u n w illin g to
le t it go to the co u n try , so f a r a s m y V o t e is concerned , th a t I
am controlled b y a n y such m o tiv e or co n sid eration a s th a t. T h e
fa c t is th a t a g re at d ep artm e n t o f th is G ove rn m e n t, e n gaged in




J anuary 31

in v e s tig a tin g su b s ta n tia lly th e sa m e qu e stio n s, h a s a t its d is ­
p osa l $ 3 0 0 ,0 0 0 , m o r e o r less. T h a t d e p a rtm e n t h a s n ot co nclud ed
its w ork . T h e lite ra tu r e th a t i t h a s se n t to us is p a r t o f th e
lite ra tu r e th a t is to com e fr o m th a t d ep a rtm e n t, an d Ij ap p re ­
hend, in a sm u ch a s w e recen tly v o te d a n a d d itio n a l ap p ro p ria ­
tio n t<k th e B u r e a u o f L a b o r, it is f o r th e co n tin u a tio n o f th e
w o rk th a t b u rea u is en gaged in .
/
M r. P re sid en t, I th in k w e can a ffo rd to w a it u n til th a t g r e a t
d ep a rtm e n t an d th a t bu rea u , in w h ich w e a ll h av e confidence,
h a s com p leted it s in v e stig a tio n .
I f it th e n a p p e a ls th a t th e
w o rk h a s h o t been w e ll d one or th a t fu r th e r in v e stig a tio n is
necessary, i t w ill be tim e to e sta b lish an a d d itio n a l b u rea u in
the D e p a r tm e n t o f C o m m erce and L ab or.
T h o s e are \ h e c o n sid eration s th a t govern m y A c tio n in th is
m a tte r, M r. P re sid en t, a n d I a m q u ite u n w illin g th a t I sh ou ld
be m isrep rese n te d b y a n y S en a to r a s to th e a ttitu d e I h a v e ta k e n
on th is q u estio n ^
M r. O V E R M A N M r. P re sid en t, I d id n ot h e a r th e re m a rk
o f th e S en a to r froV i M isso u r i [M r . R e e d ] . A s I h a v e th e good
fo rtu n e to rep resen \ a S ta te th a t h a s a good m a n y cotton m ills
in it, I w a n t to sa y th a t I h av e n ot h ad a le tte r fr o m a n y
co tto n -m ill m a n or a n y b o d y else a g a in s t th is b ill, b u t a ll fo r
i t ; an d th e S en a to r o \ g h t n o t to h a v e m a d e a s ta te m e n t lik e
th a t u n le ss he h a d so m Y p r o o f o f it.
M y grou n d w a s basedVupon the evid ence th a t w a s ta k e n n ot
in th e c o tto n -m ill sectioi^ b u t in th e m ou n tain section, a s I
sta te d , an d th e S en a to r h « a r d m e maker th a t sta te m e n t.
So I
a m sure he w a s n ot re fe rrin g to m e. iA -e p e a t th a t no m a n h a s
ever w ritte n to m e to oppos\ th is b i ll,/b u t I h av e m a n y lette rs
fr o m m y S ta te a sk in g m e , t\ su p p ort it.
B u t I am satisfied
th e y d id n ot u n d ersta n d th e m e a s u r e ns I u n d ersta n d it...
I b a se m y op p osition b ecau se o f / l i e en orm ou s a m o u n t th a t
I b e liev e it w ou ld ta k e, an d , ii\ ad d itio n to th a t, it is th e cre ­
ation o f a n e w b u reau .
I b e li e - t e /f i a t a ll th e evid ence th a t is
d esired an d is provid ed fo r in tljfe b ill is g a th e re d b y a d iffe r­
ent d ep artm e n t.
I do n ot t liin k /V ie S en a to r o u g h t to go an d
m a k e such a sta te m e n t a s t h a t . / W h y d oe s he m a k e it ?
D oes
it do h is case a n y good to m a k e’ sucV a s ta te m e n t?
M r. R E E D .
M r. P r e s i d e n t ,/l m atte no specific re feren ce to
a n y S en a to rs,, and I do n o t k n ow ju s t w h y th e S e n a to rs ap p ly
m y re m a rk s sp ecifically to th e m s e lv e s ! I did sa y in su b stan ce
la t it ap p eared th a t th is op p osition cX m e fr o m S ta te s — I m a y
IV ve used th e w ord s fro m S en a to rs fron X S ta te s — in w hich th e re
w ere m a n u fa c tu r in g in d u strie s.
I do recall th a t th e S en a to r
faom N o rth C a ro lin a [ M r ./O v e r m a n ] com p lain ed b itte rly ab ou t
sam e p re vio u s rep ort. I do n ot m e a n to a sc rib e to th ese S en a­
to rs a n y e vil p urp ose or m o tiv e .
I do n o t t h i n k m y w o rd s can
b f so co nstrued .
/
’
\
B u t, M r. P re sid en t, w p a t I m e a n t to ..say, and w h a t I n ow sa y
xjith e m p h asis, is th a t' th ere is, in m y ju d g m e n t, n ot a sin g le
eat m a n u fa c tu r in g in stitu tio n in th e U n ited A S ta tes in w h ich
ildren o f tend er y e a r s a r e e m p lo ye d th a t w ill n ot be fo u n d
h a v e been in op p osition to th is b ill a n d in Opposition to it
o-d a y.
I e x cu lp a te both th e S e n a to rs fr o m anw evil p urp ose
r m o tive , an d I did n ot in ten d th a t th e y sh ou ld Y ta k e m y re­
narks in a p erson al ligh t.
p
M r. G A L L I N g J jR . F o r m y s e lf, M r. P re sid en t, I w Nl sa y th a t
I d id n ot ta k e ijf a s a p ersonal referen ce, b u t I fe lt th a t I h ad a
d u ty to p erfo rm in sta tin g e x a c tly w h a t h a d occu rred m so f a r
a s one m a n u fa c tu r in g S ta te o f th e U n io n is concerned.''
M r. P re sid en t, th e fa c t is th a t und er th e in v estig a tio n th a t
is n ow go in g on by th e D e p a r tm e n t o f C o m m e rce an d L a b o r,
th ro u g h th e B u re a u o f L a b o r, th e a g e n ts h a v e been in th e
S ta te o f Nfiw H a m p s h ir e an d h a v e been sh ow n e ve ry p ossible
c o n sid eration , an d th e y h a v e h a d fu ll access to th e m a n u ­
fa c tu rin g , E sta b lish m en ts o f th a t S tate.
I a m v e ry m u ch g r a ti­
fied to k n ow fro m re a d in g th e re p orts th a t th e y h a v e n o t fo u n d
th e te rrib le co n d ition s e x is tin g th e re th a t som e o f our good
people In th is co u n try h a v e ad v ertise d to th e w o rld a s e x is tin g
in th e m a n u fa c tu r in g S ta te s o f th e co u n try.
M r. O V E R M A N .
I w o u ld be g la d i f th e S en a to r fro m M is ­
sou ri w o u ld re a d th o se re p orts th a t re la te to th e cotton m ills
o f N o r th C a ro lin a .
I a m w illin g fo r h im to see w h a t th o se
a g en ts I h a v e been c ritic izin g h a v e said a b o u t th e m ills o f m y
S ta te .
I do n o t th in k even th e S en a to r fro m M is s o u r i w o u ld ,
ten co m p la in .
The

P R E S ID E N T .
T h e S en a to r fr o m T e x a s [M r .
B a Il e y ] asks fo r th e y e a s and n a y s on th e p a s s a g e o f the bill.
T h e y e a s an d n a y s w ere ord ered , an d th e S ec re ta ry proceeded
to c a ll th e roll.
M r. C L A P P (w h e n h is n am e w a s c a lle d ).
I ag a in ann ounce
m y p a ir w ith th e sen ior S en a to r fro m F lo r id a [M r . F letcher],
w h o is u n a v o id a b ly d e ta in e d fro m the C h a m b e r on the b u sin e ss
o f th e S en ate. I f he w ere p re sen t an d I w ere a t lib e rty to vote,
I w o u ld vo te “ y e a .”

M

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1912.

CONGRESSIONAL RECORD— SENATE.

a v e h e re M r . C U R T I S ( w h e n h is n a m e w a s c a ll e d ) . A s
a to r fr o m
t o fo r e a n n o u n c e d , I a m p a ir e d w it h t h e se n io r
h o u ld v o te
A la b a m a [ M r . B ankhead ].
W e r e h e p re se n t,
“ y e a .”
s c a ll e d ) .
I
M r . P A G E (w h e n M r . D illingham ’s n a m e
ue [M r . D il w is h to a g a in a n n o u n c e th e a b se n c e o f m y co ll
is p a ir e d w itli
lin giiam ], w h o is a w a y on official b u s in e s s . H
].
I f m y c o lth e S e n a to r f r o m S o u t h C a r o lin a [ M r . T illm
u ld v o te w y e a .”
le a g u e w e r e p r e s e n t a n d a t lib e r t y to v o te , h e
M r . S H I V E L Y ( w h e n M r . K ern’ s n a m e w a
a i l e d ) . I a g a in
e r n ] , w ho is dea n n o u n c e th e a b se n c e o f m y c o lle a g u e [ M r .
ta in e d e ls e w h e r e on b u s in e s s o f th e S e n a te ,
h e w e r e p re se n t,
h e w o u ld v o te “ y e a "
M r . T A Y L O R ( w h e n M r . L ea ’ s n a m e w
c a lle d ).
M y c o lle a g u e [ M r . L ea ] is a b s e n t o n t h e b u sin e ss
f t h e S e n a te .
He
re q u e s te d m e to s t a t e t h a t h e is p a ir e d
th th e ju n i o r S e n a t o r f r o m R h o d e I s la n d [ M r . L ippitt],
d th a t i f he w ere
p r e s e n t h e w o u ld v o te “ y e a .”
M r . L I P P I T T ( w h e n h is n a m e w a s ca
d ).
I ann ounce m y
p a ir w i t h th e ju n io r S e n a to r f r o m T e n n
se e [ M r . L ea ].
If I
w e r e a t lib e r t y to v o te , I s h o u ld v o te “ n
M r. M c C U M B E R
(w h e n h is n a m e w a s c a ll e d ) .
A g a in
t r a n s f e r r i n g m y p a ir w it h t h e s e n io r Si a a to r f r o m M is s is s ip p i
[ M r . P e r c y ] to th e s e n io r S e n a to r fr o
li c l i i g a n [ M r . S m it h ],
I v o te “ y e a .
M r . R E E D ( w h e n h is n a m e w a s c? e d ) .
I m a k e th e s a m e
a n n o u n c e m e n t w it h r e fe r e n c e to m y
g h t to v o te t h a t I h a v e
h e r e to fo r e m a d e . I v o te “ y e a .”
M r . T O W N S E N D ( w h e n th e n a m e f M r . S mith o f M ic h ig a n
t th e se n io r S e n a to r f r o m
w a s c a ll e d ) . I d e s ir e to a n n o u n c e t]
t f r o m th e c ity , is p a ir e d
M ic h ig a n [ M r . S m it h ], w h o is ab
S e n a to r f r o m M is s is s ip p i
in f a v o r o f th e b ill w it h th e s e n t
[ M r . Percy].
t
M r . T I L L M A N (w h e n h is naR&e w a s c a l l e d ) .
U n d e r th e
s ta te m e n t a l r e a d y m a d e o f th e t r a n s f e r o f m y p a ir w it h th e
S e n a to r f r o m V e r m o n t [ M r . D illSngham ] to th e S e n a to r fr o m
A la b a m a [ M r . Johnston ], I w i l l 'v o t e .
I v o te “ n a y .”
M r . W A R R E N ( w h e n h is m im e w a s c a l l e d ) .
I a g a in a n h o u n c e m y s ta n d in g p a ir w i t h th e se n io r S e n a to r f r o m L o u is i­
a n a [ M r . F oster], a n d I w is h to a n n o u n c e t h a t I s h a ll s ta n d
p a ir e d w ith t h a t S e n a to r f o r t h e d a y u p on a n y v o te s w h ic h
m a y fo llo w .
T h e r o ll c a ll h a v in g b een c o n c lu d e d , th e r e s u lt w a s a n ftm c e d — y e a s 5 4 , n a y s 2 0 , a s f o l l o w s :

YEAS— 54.
B a con

Borah
Bonrne
Bradley
Brandcgee
Briggs
Bristow
Brown
Burton
Chamberlain
Clarke, Ark.

Crane
Crawford
Culloin

Bailey
Bryan
Burnham
Chilton
Clark, Wyo.
Bankhead
Clapp
Curtis

Da vis
Dillingham

Cummins
Dixon
du Pont
Gamble
Gardner .
Gronna
Guggenheim
Hitchcock
Johnson, Me.
.Tones
Kenyon
La Follette
Lodge
McC umber

Culberson
Gallinger

Ileyburn
Nixon
O ’Gorman

McLean
M artin, Va.
Martino, N. J.
Myers
Nelson
Newlands
Owen
Page
Perkins
Poindexter
Pomerene
Rayner
Reed
Richardson

N A Y S — 20.
Oliver
Overman
Paynter
Smith, Md.
Stone

NOT V O T IN G — 17.
Lea
Fletcher
Lippitt
Foster
Lorimer
Gore
Penrose
Johnston, Ala.
Percy
Kern

S o th e b ill w a s p a sse d .

Root
Shively
Simmons
Smith, Ga»
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Taylor
Townsend
W illiam s

Thornton
Tillman
W atson
Wetmore
Works
Smith, Mich.
Warren

/

T H E M E T A L SC H E D U LE .

The V IC E P R E S ID E N T .
T h e C h a ir a g a in la y s b e fo r e th e
Senate H o u s e b ill 1 8 6 4 2 , to a m e n d a n a c t e n tit le d “ A n a c t to
iro v id e re v e n u e , e q u a liz e d u tie s , a n d e n c o u ra g e th e in d u s tr ie s
f th e U n ite d S ta t e s , a n d f o r o th e r p u r p o s e s ,” a p p ro v e d A u g u s t
> 1 9 0 9 , w h ic h h a s b een re a d tw ic e b y it s title .
T h e S e n a to f
f o n t M is s o u r i [ M r . R e e d ] h a s e n te r e d a m o tio n to r e fe r tl
ill to th e C o m m itt e e on F in a n c e w it h in s tr u c tio n s to re p o r t
a c k w ith in 20 d a y s .
M r. R E E D .
M r . P r e s id e n t, I h a v e c o n s u lte d a n u m b e r o *
Senators, a n d I a m in fo r m e d t h a t it w ill p r o b a b ly n o t be n e c e s a r y to fix a n y tim e w h e n th e b ill s h a ll be re p o r te d .
I th e re °Te w it h d r a w th e m o tio n .
The V IC E P R E S ID E N T .
T h e S e n a to r f r o m M is s o u r i w it h ­
draws th e m o tio n , a n d th e b ill is r e fe r r e d to th e C o m m itte e on
’in a n ce .




SERVICE OF C E R T A IN L IN E OFFICERS OF T H E A R M Y

1579
( S . DOC. N O . 2 S S ) .

T h e V I C E P R E S I D E N T la id b e fo r e th e S e n a te a c o m m u n ic a ­
tio n f r o m th e S e c r e ta r y o f W a r , tr a n s m ittin g , in r e s p o n s e to a
re s o lu tio n o f th e 22 d in s t a n t, a s ta te m e n t s h o w in g th e n a m e s ,
r a n k , a n d o r g a n iz a tio n s o f a ll officers o f th e lin e o f th e A r m y
w h o , d u r in g th e s i x y e a r s e n d in g J u ly 3 1 , 1 9 1 1 , h a d n o t s e rv e d
tw o y e a r s in th e o r g a n iz a tio n s in w h ic h th e y w e r e r e s p e c tiv e ly
c o m m is s io n e d , etc., w h ic h , w ith / th e a c c o m p a n y in g p a p e r, w a s
r e f e r r e d to th e C o m m itt e e on M i li t a r y A f f a i r s a n d o r d e r e d to be
p r in te d .
P E T IT IO N S A N D M E M O R IA L S .

M r . R O O T p r e s e n te d m e m o r ia ls o f th e G e o r g e W a s h in g t o n
B r a n c h o f th e M o n r o e D o c tr in e L e a g u e , th e J e ffe r s o n D e m o ­
c r a t ic C lu b , o f th e s ix te e n t h c o n g r e s s io n a l d is tr ic t, th e U . S .
G r a n t B r a n c h o f th e S t a r S p a n g le d B a n n e r A s s o c ia tio n , a n d o f
th e W a t e r f o r d F e d e r a tio n , a ll o f N e w Y o r k C it y , r e m o n s tr a tin g
a g a in s t th e r a tific a tio n o f th e p ro p o s e d tr e a t ie s o f a r b it r a t io n
b e tw e e n th e U n it e d S ta t e s , G r e a t B r it a i n , a n d F r a n c e / w h ic h
w a s o r d e r e d to lie on th e ta b le .
H e a ls o p r e s e n te d m e m o r ia ls o f s u n d r y o r g a n iz a tio n s o f
B r o o k ly n , B a lls t o n S p a , L o n g I s la n d C it y , a n d N e w Y o r k C it y ,
a ll in t h e S t a t e o f N e w Y o r k , r e m o n s tr a tin g a g a in s t th e ra tifi­
c a tio n o f th e p ro p o se d t r e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d
S ta t e s , G r e a t B r it a i n , a n d F r a n c e , u n le s s a m e n d e d a s re p o r te d
b y th e S e n a te C o m m itt e e on F o r e ig n R e la tio n s , w h ic h w e r e
o r d e r e d to lie on th e ta b le .
H e a ls o p re s e n te d a p e titio n o f s u n d r y c itiz e n s o f L o w v ille ,
N . Y ., p r a y in g f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w to
p r e v e n t th e n u llific a tio n o f S ta t e liq u o r la w s b y o u t s id e d e a l­
e rs, w h ic h w a s r e fe r r e d to th e C o m m itte e o a th e J u d ic ia r y .
M r . L A F O L L E T T E p re s e n te d a p e t itio n o f s u n d r y c it iz e n s
o f B a r a b o o , W i s ., p r a y in g f o r th e e s ta b lis h m e n t o f a c h ild r e n ’ s
b u r e a u in th e B u r e a u o f C o m m e r c e a n d J L a b o r , w h ic h w a s o r ­
d e r e d to lie on th e ta b le .
/
M r . F L E T C H E R p resen ted , a m e m oi^fil o f s u n d r y c it iz e n s o f
W in d s o r , G a in e s v ille , a n d H a w t h o n i e , a ll in th e S ta t e o f
F lo r id a , r e m o n s tr a tin g agaiSfet t l m 'e n a c t m e n t o f le g is la tio n
c o m p e llin g th e o b s e r v a n c e o f S u n d a y a s a d a y o f r e s t in th e
D i s t r ic t o f C o lu m b ia , w h ic h w a s o r d e r e d to lie o n th e ta b le .
M r. S H I V E L Y
p re s e n te d p e titio n s o f th e I n d i a n a G r a in
D e a le r s ’ A s s o c ia tio n a n d th e I w l i a n a M i lle r s ’ A s s o c ia t io n , o f
I n d ia n a p o lis , I n d ., p r a y in g f o r ,4:he, r a tific a tio n o f th e p ro p o se d
tr e a tie s o f a r b it r a t io n b e tw e e n jR ie th i it e d S ta t e s , G r e a t B r it a i n ,
a n d F r a n c e , w h ic h w e r e o r d e r e d to R e on th e ta b le .
H e a ls o p r e s e n te d p e titio n # 1 f t h e c o n g r e g a tio n s o f th e E v a n o
lic a l C h u r c h o f S y r a c u s e ; a n d th e M o d e r n F r ie n d s C h u r c h
oil A m b o y , o f th e P r e s b y t e r ia n B r o th e r h o o d o f O x fo r d , a n d o f
th i W o m a n ’s C h r is tia n U jw on o f R ic h m o n d , a ll in th e S t a t e o f
I n lia n a , p r a y in g f o r th e e n a c t m e n t o f a n in t e r s ta t e liq u o r la w
to 'p r e v e n t th e n u llific a tio n o f S t a t e liq u o r l a w s b y o u ts id e
d e ilers, w h ic h w e r e r e fe r r e d to th e C o m m itto & ,o n th e J u d ic ia r y .
l e a ls o p r e s e n te d
m e m o r ia l o f L o c a l C o u n c il N o . 1 8 8 ,
U i ite d C o m m e r c ia l T r a v e le r s o f A m e r ic a , o f T e r r e H a u t e , I n d .,
re n on stra tirrg a g a in s t th e e x te n s io n o f th e p a r c o h u o s t s y s t e m
b q y o n d it s p re s e n t lim it a tio n s , w h ic h w a s r e fe r r e d
th e C o m ­
m it te e o n P o s t O ffices a n d P o s t R o a d s .
/He a ls o p re s e n te d a m e m o r ia l o f th e E x -S o ld i e r s a m f - S a i lo r s ’
a sso cia tio n o f E lk h a r t, I n d ., a n d a m e m o r ia l o f S h ilo h F ie ld
o s t , N o . 1 9 8 , D e p a r tm e n t o f I n d ia n a , G r a n d A r m y o f th e
e p u b lic, o f E lk h a r t , In d ., r e m o n s tr a tin g a g a in s t th e in c o r p o r a ion o f th e G r a n d A r m y o f th e R e p u b lic , w h ic h w e r e r e fe r r e d to
h e C o m m itt e e on th e D is t r ic t o f C o lu m b ia .
M r . R A Y N E R p re s e n te d a p e titio n o f P o m o n a G r a n g e N o . 7 ,
P a tr o n s o f H u s b a n d r y , o f M o n tg o m e r y C o u n ty , M d ., p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w t o p r e v e n t th e
n u llific a tio n o f th e S t a t e liq u o r la w s b y o u ts id e d e a le r s , w h ic h
w a s r e fe r r e d to th e C o m m itte e
th e J u d ic ia r y .

on

B IL L S INTRODUCED.

B i l l s w e r e in tro d u c e d , r e a d th e firs t tim e , a n d , b y u n a n im o u s
c o n s e n t, th e se con d tim e , a n d r e fe r r e d a s f o l l o w s :
B y M r. O W E N :
A b ill ( S . 4 9 4 7 ) p r o v id in g f o r th e e q u a liz a t io n o f C r e e k a llo t ­
m e n ts; and
A b ill ( S . 4 0 4 8 ) to a m e n d a n a c t a p p r o v e d M a y 2 7 , 190 S , en­
t it le d “ A n a c t f o r th e r e m o v a l o f r e s tr ic t io n s f r o m p a r t o f th e
la n d s o f a llo t te e s o f th e F i v e C iv iliz e d T r ib e s , a n d f o r o th e r
p u r p o s e s ” ; to th e C o m m itt e e o n I n d i a n A f f a i r s
B y M x .C H A M B E R L A I N :
A b ill ( S . 4 9 4 9 ) g r a n t in g a n In c r e a s e o f p e n sio n to G e o rg e W .
A lle n ( w i t h a c c o m p a n y in g p a p e r s ) ; a n d
A b ill ( S . 4 9 5 0 )
Lnm-uuwq o f n emsion to J o h n
J o n e s ( w i t h a c c o m p a n y in g p a p e r s ) ; to t n f CoYrnfiiftce o n p e n ­
s io n s .
..
.

CONGRESSIONAL RECORD— HOUSE.

1580

B y M r. J O N E S :
A b ill ( S . 4 9 5 1 ) to fu r th e r re g u la te th e a d m ission o f Chinese
p erson s an d p erson s o f C h in e se d e s c e n t; to the C o m m ittee on
Im m ig ra tio n .
A bill ( S . 4 9 5 2 ) p ro vid in g fo r th e a p p oin tm en t o f an ap­
p ra ise r o f m e rc h a n d ise fo r th e cu stom s-collec tio n d istric t o f
P u g e t Sound, S ta te o f W a s h in g t o n ;
A bill ( S . 4 9 5 3 ) fo r th e co n stru ctio n o f a ste a m vessel fo r th e
R e v e n u e -C u tte r S ervic e fo r d u ty on th e P acific c o a s t ; and
A bill ( S . 4 9 5 4 ) p ro vid in g fo r th e pu rch ase or co n struction o f
a la u n c h f o r th e c u sto m s service a t and in th e v icin ity o f P o rt
T o w n se n d , W a s h . ; to th e C o m m ittee on C om m erce.
A bill ( S . 4 9 5 5 ) fo r the r e lie f o f th e e sta te o f F re d erick
F le is in g e r ;
A b ill ( S . 4 9 5 6 ) f o r th e re lie f o f M a tild a E liza b e th W e s t ; and
A bill ( S . 4 9 5 7 ) fo r th e re lie f o f S im on M . P r e s to n ; to the
C o m m itte e on C laim s.
A b ill ( S . 4 9 5 S ) to accept th e cession b y th e S ta te o f W a s h ­
in g ton o f e x c lu siv e ju risd ic tio n ov er th e la n d s em braced w ith in
th e M o u n t R a in ie r N a tio n a l P a r k , a n d fo r oth er p u r p o s e s ; to
th e C o m m ittee on P u b lic L an d s.
A b ill ( S . 4 9 5 9 ) to p ro vid e f o r th e erection o f a public b u ild ­
in g a t B la in e , W a s h .; and
A bill ( S . 4 9 0 0 ) to erect a pu blic b u ild in g in th e c ity o f
V a n co u v e r, in the S ta te o f W a s h in g t o n ; to th e C o m m itte e on
P u b lic B u ild in g s an d G rou n d s.
B y M r. P A G E :
A b ill ( S . 4 9 6 1 ) g r a n tin g a n in crease o f pension to Jacob L .
C o o k ; to th e C o m m ittee on P en sio n s.
•

EXECUTIVE SESSIO N.

M r. C U L L O M .
I m o v e th a t th e S en a te proceed to th e con­
sid era tio n o f e x e c u tiv e business.
T h e m o tion w a s ag re e d to, an d th e S en a te proceeded to th e
co n sid eration o f e x e cu tiv e bu sin ess. A ft e r seven m in u te s spent
in exe cu tive session th e d oo rs w ere reopened, an d ( a t 4 o’clock
a n d 9 m in u tes p. m ., W e d n e sd a y , J a n u a r y 3 1 , 1 9 1 2 ) th e S en a te
a d jo u r n e d un til to -m o rrow , T h u rsd a y , F e b ru a ry 1, 191 2 , a t 2
o ’clock p. m .
C O N F IR M A T IO N S .

Executive nominations confirmed by the Senate January 30
(calendar day, January 31), 1012.
A ssistant Collector of Customs
W illia m I I. T u rn b u ll to be a s sista n t co lle ctor o f c u sto m s f
th e port o f C a m den , N . J.
United States A ttorney.
H a r r y E u gen e K e lly to be U n ite d S ta te s atto rn e y , d i s t r ^ t o f
C olorado.
Postmasters.
ALABAM A.

COLORADO.

E d w a r d L . T ro u n stin e , W a lse n b u rg .
IN D IA N A .

B e n ja m in J. B u r r is , W a sh in g to n .
IO W A .

/

P e rry T . G rim e s, B loom field .
SOUTH CAROLINA.

/

HOUSE OF REPRESENTATIVES.
W

ednesday,

Janugti'y 31, 1912.

T h e H o u se m e t a t 1 2 o ’clock nflon.
T h e C h a plain , R e v . H e n r y N ...L o u d e n , D . D ., offered th e f o l­
lo w in g p r a y e r :
J
W e bless T h e e, A lm i g h t y /G o d , ou r h e a v e n ly F a th e r , fo r
T h y w on d erfu l p atience a m p ten der m ercies.
L o v e w a its upon
u s a ll.
W h a t w e m ig h t H ave been w e m a y a lw a y s becom e
th rou g h fa ith , penitence, an d p erseveran ce.
K in d le , w e beseech
T h e e, w ith in our h e a rts th e sacred fla m e an d g r a n t th a t it m a y
b urn b righ ter an d b righ ter u n til w e sh a ll h a v e reached th e
coveted go al, th e p erfe cted m a n h oo d. In J e su s C h r ist ou r L ord .
A m en .
T h e J o u rn a l o f th e p ro ceed in gs o f y e ste r d a y w a s re a d and
approved.
CALENDAR W EDNESDAY.

The S P E A K E R .
T h is is C a le n d ar W e d n e sd a y , an d th e un­
finished b u sin ess is th e bill ( S . 3 0 2 4 ) to p ro vid e fo r th e con­




stru ction , a lte ra tio n , an d re p a ir o f th e b rid g e a c ro ss th e W e y ­
m o u th B a c k R iv e r , in th e S ta te o f M a ss a c h u s e tts .
U n d e r th e
ord er m a d e by the H o u s e th e g e n tle m a n fr o m G e orgia [M r .
A damson] is entitled to tw o h ou rs.
M r. C L A Y T O N .
M r. S p e ak e r, th e C o m m itte e on th e J u ­
d ic ia ry h ad n ot e x h a u s te d its ca ll.
The S P E A K E R .
T h is a rra n g e m e n t w a s m a d e , th e C h a ir
w ill s a y to th e ge n tle m a n fr o m A la b a m a , b y sp ec ial order.
M r. M A N N . Y o u w ill n o t lose.-your righ t.
T h e S P E A K E R . A n d th a t \^fis th e w a y th e J u d ic ia ry C om ­
m itte e w a s reached.
/
M r. C L A Y T O N .
I w a s n o / p re sen t w hen th e sp ecial ord er
arose.
*
T h e S P E A K E R . T h e spogial ord er w a s th a t th is b rid ge bill
shou ld be th e unfinished bu sin ess, an d th a t th e ge n tle m a n fro m
G e orgia [M r . A damson] sjlould h a v e tw o h o u rs an d th e g e n tle ­
m an fro m T e n n esse e [Mgf S im s ] one hour.
M r. C L A Y T O N .
M n /N p e a k e r , I d esire to m a k e a n in q u iry
o f th e C h a ir.
T h a t w /1 g iv e th e C o m m itte e on th e J u d ic ia ry
th e ca ll on n e x t W e d n e s d a y ?
The S P E A K E R . /
th in k it w ill g iv e th e J u d ic ia ry C o m ­
m itte e the ca ll a s agon a s w e get th rou g h w ith th is b ill.
The
ca ll re sts on th e J jiu ic ia ry C o m m ittee , th e C h a ir w ill sta te .
M r. A D A M S O N / M r. S p eak er, it w a s m y u n d ersta n d in g th a t
th e C o m m ittee o f th e J u d ic ia ry h a d th e ca ll, an d th a t i f th is
b ill, th e W e y m q /t h B a c k R iv e r b ill, w e re ta k e n u p to -d a y an d
d isp osed o f, t l i / i th e C o m m ittee on In te r s ta te and F o re ig n C o m ­
m e rc e could iw t ca ll up an y m o re b ills u n til th e ca ll h a d gone
9
arou n d ag a iu tf an d in a sm u ch a s w e h ad a good m a n y uncon­
tested b ills, me co n sid eration o f w h ich w o u ld n ot co n su m e m u c h
tim e, I r e a / y p re fe rre d , i f th e H o u s e d esired , th a t th e C o m m it­
tee on t h e /u d i c i a r y sh ou ld go ah e a d an d let th e c a ll get a rou n d ,
so th a t \wien w e ta k e up our b u sin e ss ag a in w e ca n tr a n s a c t
w h a t b u /in e s s w e have.
T h e ^ S P E A K E R . T h e C h a ir w ill re fre sh th e m e m o r y o f th e
g e n tle m a n by re a d in g fr o m p age 1 2 6 7 o f th e R ecord.
A fte r
th e oplloquy betw een th e ge n tle m an fr o m G e orgia an d th e
ge n tle m an fr o m T e n n esse e and v a rio u s oth er gen tle m e n , th e
S p d tk e r sta te d th e m a tte r th is w a y -------Mr. A D A M S O N . W i ll th e S p e a k e r go b a ck o f th a t p assa g e a
little and rea d m y p ro p o sitio n , a n d th en re a d w h a t th e S p e ak e r
seated ?
The S P E A K E R .
T h e w a y th e S p e ak e r sta te d it w a s w h a t
th e H o u s e ag re e d to.
H e r e is th e w a y it w a s s t a t e d :
The gentleman from Georgia asks unanimous consent that this hill— •
T h a t is, th is b rid ge b ill—
—
which is the unfinished business to-day, go over until next Calendar
Wednesday, and be then the unfinished business, and coupled with that
that general debate on the bill next Wednesday, or whenever it comes
up, shall be limited to three hours— two hours to be controlled by the
gentleman from Georgia and one hour by the gentleman from Tennessee
[ M r . S i m s ].

M r. A D A M S O N .
N o w , M r. S p e ak e r, p erm it m e on e m o m en t.
I w ou ld lik e to re a d th e p ro p o sitio n a s I m a d e it, j u s t p reced in g
th a t:
Then, Mr. Speaker, I couple with my request, at the suggestion of
the gentleman from Tennessee, the condition that when we resume con­
sideration of this bill on next Wednesday, or at any future time when
it is resumed on the call, general debate be limited to three hours.

Jehn F . S u tte rer, C u llm a n .

E m m a J. P eep les, H a m p to n .

J anuary 31.

T h en th e S p eak er, a fte r m a k in g th e sta te m e n t th a t th e p ropo­
sition is th a t it go over u n til n e x t W e d n e s d a y , s t a t e d :
And be then the unfinished business, and coupled with that that gen­
eral debate on the bill next Wednesday, or whenever it comes up—R e fe rr in g , e vid e n tly, to th e la n g u a g e o f m y sta te m e n t.
The SP E A K E R .
T h e reason th e C h a ir p u t th a t cla u se in
w a s th a t th e H o u s e by a tw o -tliird s v o te can d isp en se w ith
C a le n d a r W e d n e s d a y e n tirely , an d i f it w ere d isp en sed w ith
to -d a y then th is M a s s a c h u s e tts b rid ge b ill w o u ld be th e u n ­
finished b u sin ess n e x t W e d n e s d a y .
M r. A D A M S O N .
I t w a s on ly a s a m a tte r o f e xp ed ien cy
th a t I su gg e ste d to th e H o u se , M r. C h a irm a n , th a t th e C o m ­
m itte e on th e J u d ic ia ry sh ou ld go on, an d th a t it w o u ld be f a ir
to e ve ry b od y th a t the ca ll sh ou ld go on arou n d , an d then, w hen
th e C o m m itte e on In te r s ta te an d F o r e ig n C o m m e rce sh ou ld be
reach ed, it w o u ld n o t be sh u t ou t w ith th e fin ish in g o f th e one
bill, b u t w o u ld h av e th e d a y , or tw o d a y s i f n e c e ssa ry , to com ­
p le te unfinished business.
The S P E A K E R .
T h e g e n tle m an can a s k u n a n im o u s con­
sen t to do a n y th in g he chooses.
M r. G A R R E T T .
M r. S p eak er, I d em an d the re g u la r ord er.
The S P E A K E R .
T h e g e n tle m a n fr o m T e n n e sse e [M r . Gar­
rett] d em an d s th e re g u la r order.
T h e re g u la r ord er is th a t
th e H o u s e a u to m a tic a lly re so lv e its e lf into th e C o m m itte e o f
th e W h o le H o u s e on th e s ta te o f th e U n io n fo r th e co n sid era­
tion o f th is b ill, w ith th e ge n tle m a n fr o m N o rth C a ro lin a , M r.
Page, in th e ch a ir.

1912.

CONGRESSIONAL RECORD— SENATE.

ice , w h ic h w a s r e fe r r e d to th e C o m m itt e e on C iv il S e r v ic e a n d
R e tr e n c h m e n t .
H e a is o p re se n te d a p e titio n o f W i l l i a m H . C a lk in s P o s t, N o
5 0 2 , D e p a r t m e n t o f I n d i a n a , G r a n d A r m y o f th e R e p u b lic , o f
Hammond, Ind., praying fo r th e p a s s a g e o f t h e so -c a lle d d o lla r
a -d a y p e n sio n b ill, w h ic h w a s r e fe r r e d to th e C o m m itt e e on

Pensions.
H e a ls o p r e s e n te d a p e titio n o f m e m b e r s o f th e P r o g r e s s C lu b
o f S o u th R e n d , In d ., p r a y in g t h a t a n in v e s t ig a tio n b e m a d e in to
t h e c o n d itio n o f d a ir y p r o d u c ts f o r th e p re v e n tio n a n d s p r e a d
o f tu b e r c u lo s is , w h ic h w a s r e fe r r e d to th e C o m m itte e o n A g r i ­
c u ltu r e an d F o r e s t r y .
H e a ls o p re se n te d a p e titio n o f L o c a l L o d g e N o . 4 6 3 , I n te r n a \ t io n a l A s s o c ia tio n o f M a c h in is ts , o f K o k o m o , I n d ., a n d a p e ti\ tio n o f O ld F o r t L o d g e , N o . 1 4 , A m a lg a m a t e d A s s o c ia t io n o f
Ir o n , S te e l a n d T in W o r k e r s , o f F o r t W a y n e , I n d ., p r a y in g fo r
t h e p a s s a g e o f th e s o -c a lle d e ig h t -h o u r b ill, w h ic h w e r e r e fe r r e d
£o th e C o m m itt e e on E d u c a tio n a n d L a b o r .
'.M r. R O O T p r e s e n te d p e titio n s o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U n io n s o f P e r r y , R iv e r h e h d . D r y d e n , W a r s a w ,
P o im u l, J a m e s t o w n , a u d C a n a n d a i g u a ; o f th e c o n g r e g a tio n s
o f (h e C o n g r e g a tio n a l C h u r c h o f W e s t G r o t o n ; th e F i r s t M e t h o ­
d is t ^ E p isc o p a l C h u r c h o f W a r s a w ; th e S ta t e S tr e e t M e t h o d is t
E p is c o p a l C h u r c h , o f I t h a c a ; th e C o n g r e g a tio n a l C h u r c h o f
B r o o k t p n ; .t h e M e t h o d is t E p i s c o p a l /C h u r c h o f T r u m a n s b u r g ;
th e F i r s t B a p t is t C h u r c h o f I t h a c a ; th e P r e s b y t e r ia n C h u r c h
o f D r y f i e n ; a n d th e M e t h o d is t E p is c o p a l C h u r c h o f W e s t
D a n b y ; o f th e O lin B r o th e r h o o d , o f W i l l i a m s b r i d g e ; th e M e t h o ­
d is t B r o th e r h o o d o f N o r t h C h i l i ; a n d o f s u n d r y c itiz e n s o f C o ­
r a m , L o n g . I s la n d , a n d W in d h a m , a ll in th e S t a t e o f N e w Y o r k ,
p r a y in g foe th e e n a c tm e n t o f s#i in t e r s ta t e liq u o r la w to p r e ­
v e n t th e n u llific a tio n o f S t a t e f l i q u o r l a w s b y o u t s id e d e a le r s ,
w h ic h w e r e ’r e fe r r e d to th e C o m m itte e on t h e J u d ic ia r y .
M r . P O I N D E X T E R p r e se n te d a p e t itio n o f s u n d r y c itiz e n s
o f E v e r e tt , W a s h ., p r a y i n g / f o r th e p a s s a g e o f th e s o -c a lle d
o ld -a g e p e n s io n b ill, w h i c h j w a s r e fe r r e d to th e C o m m itt e e on
P e n s io n s .
-

REFORMS OF C O M M IT T E E S .

M r . B R Y A N , f r o m t h # C o m m itt e e o n P o s t O ffices a n d P o s t
R o a d s , to w h ic h w a s r e fe r r e d th e b ill ( S . 4 7 0 ) f o r th e r e lie f
o f M r s . T e s s ie D u f l o p , re p o r te d a d v e r s e ly th e r e o n , a n d th e
b ill w a s p o s tp o n e d im lf fin ite ly .
M r . C U M M I N S . I M p o r t b a c k a d v e r s e ly f r o m th e C o m m itte e
on th e J u d ic ia r y t li e J A i l ( S . 3 5 7 9 ) to a m e n d se c tio n 1 o f th e
R e v is e d S ta t u te s , in j r e i y t i o n to o a th s , a n d I s u b m it a re p o r t
( N o . 3 2 3 ) th e r e o n . J t 'h e lb ill m a y g o u p on th e c a le n d a r .
The V IC E P R E S ID E N T .
A n a d v e r s e r e p o r t to g o to th e
c a le n d a r ?
M r . C U M M I N S . / I c a ll th e a t te n tio n o f t h e S e n a to r f r o m
O h io [ M r . B u r t o n / to it, a n d h e c a n h a v e su c h d isp o s itio n m a d e
o f it a s h e d e s ir e s .
I m a y s a y to th e S e n a to r f r o m O h io
I h a v e j u s t m a d e , f r o m th e C o m m itte e on th e J u d ic ia r y , an
a d v e r s e re p o r t u p o n S e n a te b ill 3 5 7 9 , in tr o d u c e d b y h im , a n d ,
so f a r a s th e c o m m itte e is c o n c e rn e d , i t c a n e ith e r go to th e
c a le n d a r o r b e in d e fin ite ly p o stp o n e d .
M r. B U R T Q K .
I p r e fe r t h a t it i s li o u l d g o to th e c a le n d a r .
T h e a d v e r s e R e po rt, I u n d e r s t a n d ,M s u p on th e g r o u n d t h a t
th e f o r m o f w ith sh o u ld b e m a d e th e s a m e a s t h a t in e a c h o f
th e r e sp e c tiv e S ta t e s .
T h a t w as one grou n d ?
M r . C U M M I N S . I t i s on th e g r o u n d t h a t th e r e is n o n e c e s s ity
to r m a k in g t h e f o r m o f o a th u n ifo r m th r o u g h o u t th e c o u n tr y .
M r. BURSTON.
I p r e fe r , i f s a t is fa c t o r y , t h a t th e b ill s h o u ld
So to th e c a le n d a r .
M r. C U M M I N S .
S o f a r a s I k n o w , i t w ill b e s a t is fa c t o r y to
th e c o m m itte e .
The Y JC E P R E S ID E N T .
T h e b ill w ill b e p la c e d on th e

c a le n d a i/
M r . T O W N S E N D , f r o m t h e C o m m itt e e on C la im s , to w h ic h
W a s r e fe r r e d th e b ill ( S . 2 6 1 0 ) f o r th e r e l i e f o f th e h e ir s o f
t J e u t . / R . B . C a lv e r t, d e c e a se d , s u b m itte d a n a d v e r s e re p o r t
( N o . 3 2 4 ) th e r e o n , w h ic h w a s a g r e e d to , a n d th e b ill w a s p o s t­
poned? in d e fin ite ly .
M ? . S U T H E R L A N D , f r o m th e C o m m itt e e on I n d ia n A ff a ir s ,
to w h ic h w a s r e fe r r e d th e b ill ( S . 2 5 6 ) a ffe c tin g th e s a le a n d
d is p o s a l o f p u b lic o r I n d ia n la n d s in to w n s ite s , a n d f o r o th e r
Purposes, re p o r te d i t w ith a m e n d m e n ts a n d su b m itte d a re p o r t
i

*

j

<

M r . r O M E i n O N l E ? f o r M r . O w e n ) , f r o m th e C o m m itt e e on
I n d ia n A f f a ir s , to w h ic h w a s r e fe r r e d th e b ill ( S . 3 6 S 6 ) a u t h o r ­
is in g th e S e c r e ta r y o f th e I n te r io r to p e r m it th e M is s o u r i,
K a n s a s & T e x a s C o a l C o. a n d th e E a s te r n C o a l & M in in g C o.
/to e x c h a n g e c e r ta in la n d s e m b r a c e d w ith in th e ir e x is t in g c o a l
le a s e s in th e C h o c ta w an d C h ic k a s a w N a tio n f o r o th e r la n d s
w ith in s a id n a t io n , re p o r te d it w ith o u t a m e n d m e n t a n d s u b ­
m it te d a r e p o r t ( N o . 3 2 6 ) th e r e o n .




E ST A T E

OF M A R Y

II.

1799

S. ROBERTSON, DECEASED.

M r . T O W N S E N D , f r o m th e C o m m itt e e on C la im s , to w h ic h
w a s r e fe r r e d th e b ill ( S . 1 5 4 4 ) f o r th e r e lie f o f th e e s ta te o f
M a r y I I . S . R o b e r ts o n , d e c e a se d , re p o r te d th e f o llo w in g r e s o ­
lu tio n ( S . R e s . 2 0 9 ) , w h ic h w a s c o n s id e r e d b y u n a n im o u s c o n s e t t an d a g r e e d t o :
hesolvecl, That the bill (S. 1544) entitled “ A bill for the relief of the
esta\c of M ary H . S. Robertson, deceased,” now pending in the Senate be,
and the same is hereby, referred to the Court of Claims, in pursuance
o f th&provisiorv, of an act entitled “ A n act to codify, revise, and amend
the lafys relating to the judiciary,” approved March 3, 1 9 1 1 ; and the
said court shall proceed with the same in accordance with the provisions
of s u c h ^ c t and report to the Senate in accordance therewith.

\

B IL L S INTRODUCED.

B i l l s w e r e in tr o d u c e d , r e a d th e firs t tim e , a n d , b y u n a n im o u s
c o n s e n t, th e se c o n d tim e , a n d r e fe r r e d a s f o l l o w s :
B y M r. C R A W F O R D :
A b ill ( S I 5 1 3 7 ) f o r th e r e lie f o f A li c e Y . H o u g h t o n ; to th e
C o m m itt e e oh C la im s .
B y M r. D I X O N :
A b ill ( S . 5 1 3 8 ) a u t h o r iz in g t h e S e c r e ta r y o f th e I n t e r io r to
s u r v e y t h e la n d s o f th e a b a n d o n e d F o r t A s s in n ib o in e M ili t a r y
R e s e r v a t io n a n d o p e n th e s a m e to s e t t l e m e n t ; to th e C o m m itt e e
o n P u b lic L a n d s .
B y M r. B R A D L E Y :
A b ill ( S . 5 1 3 9 ) g r a n t in g a p e n s io n to E li z a b e t h M . D e n n y
( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e oh P e n s io n s .
B y M r. T O W N S E N D :
A b ill ( S . 5 1 4 0 ) to r e m o v e th e c h a r g e o f d e s e r tio n f r o m th e
re c o rd o f W a l la c e O . G la z ie r ( w i t h a c c o m p a /iy in g p a p e r s ) ; to
th e C o m m itt e e on M i li t a r y A f f a ir s .
/
B y M r. W I L L I A M S :
* /
A b ill ( S . 5 1 4 1 ) to c o r r e c t a n e r r o r in th e re c o rd o f th e s u p ­
p le m e n ta l tr e a t y o f S e p te m b e r 2 8 , 1 8 3 0 , m a d e w ith th e C h o c ­
t a w I n d ia n s , a n d f o r o th e r p u r p o s e s ; to th e C o m m itt e e on I n ­
d ia n A f f a ir s .
A b ill ( S . 5 1 4 2 ) f o r th e r e lie f o f th e h e ir s o f L o u is C a to , d e ­
ceased ;
A b ill ( S . 5 1 4 3 ) f o r th 6. r e lie f o f J a m e s K . H a m b l e n ;
A b ill ( S . 5 1 4 4 ) f o r t h & r e l i e f o f th e h e ir s o f U . I I . B u c k , d e ­
ceased ;
\
A b ill ( S . 5 1 4 5 ) f o r th e b e li e f o f H a r r y P . L e e , J o h n M . L e e ,
a n d th e h e ir s o f N a t h a n ie l \V. L e e , d e c e a s e d ;
A b ill ( S . 5 1 4 6 ) f o r th e r e lie f o f th e h e ir s o f P e te r A n d e r s o n ;
A b ill ( S . 5 1 4 7 ) f o r th e r e lie f o f th e h e ir s o f J . B . C l a r k ;
A b ill ( S . 5 1 4 S ) f o r th e r e lie f o f th e e s ta t e o f N e v in P h a r e s ;
and
A b ill ( S . 5 1 4 9 ) f o r th e r e lie f o f th e h e ir s o f J a c o b K u y k e n ­
d a ll ; to th e C o m m itt e e on C la im s.
B y A ir. G A M B L E :
A b ill ( S . 5 1 5 0 ) to a m e n d p a r a g r a p h 2 o f se c tio n 2 o f th e a c t
o f J u ly 1, 1 9 0 2 , e n t it le d “ A n a c t to a c c e p t, r a t i f y , a n d c o n firm
a p ro p o s e d a g r e e m e n t s u b m itte d b y th e K a n s a s o r K a w I n d i a n s
o f O k la h o m a , a n d f o r o th e r p u rp o s e s ” ;
A b ill ( S . 5 1 5 1 ) a u t h o r iz in g a n y n a tio n , tr ib e , o r b a n d o f
I n d i a n s to s u b m it c la i m s a g a in s t thef, U n it e d S ta t e s to th e C o u r t
o f C la im s w ith th e r ig h t o f either- p a r t y to a p p e a l to th e
S u p r e m e C o u r t o f th e U n it e d S t a t e s ;
A b ill ( S . 5 1 5 2 ) to a u th o r iz e th e S e c r e ta r y o f th e T r e a s u r y to
c o n s o lid a te s u n d r y f u n d s f r o m w h ic h u n p a id In d ia n a n n u itie s
o r s h a r e s in tr ib a l tr u s t f u n d s a r e o r m a y h e r e a fte r b e d u e ;
and
A b ill ( S . 5 1 5 3 ) to a u t h o r iz e th e S e c r e ta r y o f th e I n te r io r to
u s e in th e p u r c h a s e o f s to c k c a t t le m o n e y s a p p r o p r ia te d to f u l ­
fill t r e a t y o b li g a t i o n s ; to th e C o m m itte e « n I n d ia n A f f a i r s .
B y A ir. B O U R N E :
A b ill ( S . 5 1 5 4 ) g r a n t in g a n in c r e a s e o f p e n sio n to W i l l i a m
J. C a v e n d e r ( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e on
P e n s io n s .
B y A ir. S I A I A I O N S :
A b ill ( S . 5 1 5 5 ) f o r th e r e lie f o f J a m e s E . W a l k e r ; to th e
C o m m itt e e on N a v a l A ff a ir s .
B y A ir. C U A 1 A 1 I N S :
A b ill ( S . 5 1 5 6 ) to m a k e a n a p p r o p r ia t io n f o r th e r e m o v a l o f
th e b o d y o f L ie u t. C o l. G e o rg e P o m u t z f r o m S t . P e te r s b u r g ,
R u s s ia , to A r lin g t o n C e m e te r y , V a . ; to th e C o m m itt e e on A p p r o ­
p r ia tio n s .
I
B y A ir. S A I O O T :
A b ill ( S . 5 1 5 7 ) f o r th e r e lie f o f J a c o b E . A li c ^ a e l; to th e
o m m itte e on C la im s .
/L
B y Air. D I L L I N G I I A A I :
A b ill ( S . 5 1 5 8 ) g r a n t in g a p e n sio n to P h e b e E . B r it t e ll ( w i t h
c c o m p a n y in g p a p e r s ) ; to th e C o m m itte e on P e n s io n s .
B y A ir. P E N R O S E :
A b ill ( S . 5 1 5 9 ) to g r a n t a n h o n o r a b le d is c h a r g e to I s a a c
A d d i s ; to th e C o m m itte e on A lilit a r y A f f a ir s .

CONGRESSIONAL RECORD— SENATE.

1800

A bill ( S . 53.60) fo r th e r e lie f o f tlie ow n e rs o f lig h te r No.
to th e C o m m itte e on C la im s.
A b ill ( S . 51G1) g r a n tin g a n in cre a se o f pension to A n d re w
G e i s t ; and
A bill ( S . 5 3 G2) g r a n tin g a n in cre ase o f pension to A d a M .
B r u ff ( w ith acco m p a n y in g p a p e r s) ; to th e C o m m ittee on P en ­
sions.
B y M r. G L G G E N I I E I M :
J'
A bill ( S . 51G 3) fo r th e e sta b lish m en t an d m a in ten an ce in the
c ity o f D e n v e r, C o lo ., o f a n in stitu tio n fo r b o tan ical an d a g ric u l­
tu r a l r e s e a r c h ; to th e Comndfelee on A g r ic u ltu r e an d F o restry .
B y M r. B R I S T O W :
J r
A b ill ( S . 51G 4) to pjade p osition s under th e go vern m en t o f
th e D is t r ic t o f C o lm n M a w ith in th e classified service o f the
T’ uited S t a t e s ; to th eaC om m ittee on C iv il S erv ic e an d R e tre n ch ­
m en t.
.(T
B y M r. S H I V E R Y :
A b ill ( S . 5 1 6 5 ) g ra n tin g an in cre ase o f pension to J a m e s M .
M a r t z ; to llio C o m m ittee on P en sion s.
B y M iyJH T P O N T :
A b i l l ' ( S. 51GG) g r a n tin g a pen sion to M a r g A . CQTiJ^ f i n ; to
th e C o m m ittee on P ensions.
B y M r. O W E N :
A bill ( S . 51G7) fo r the re lie f o f A u g u s tu s Ile n q u e n e t; to th e
C o m m ittee on In d ia n A ffa ir s .
A b ill ( S . 51G8) g ra n tin g an in cre a se o f pension to G ra h a m M .
M e a d v ille ( w ith ac com p a n yin g p a p ers) ; to th e C o m m ittee on
P ensions.
A bill ( S . 51G9) a u th o r iz in g th e P on ca T r ib e o f In d ia n s to
in terve n e in th e su it o f th e O m a h a In d ia n s in th e C o u rt o f
C la im s, an d fo r oth er p u r p o se s; to th e C o m m ittee on In d ia n
A ffa ir s .
B y M r. P O I N D E X T E R :
A bill ( S . 5 1 7 0 ) to re im b u rse C h a rle s C. C row ell f o r tw o
m o n th s’ .e x tra p a y in lieu o f tr a v e lin g expenses-; to th e C o m m it­
tee on ClaJiTM*.
''
A b ill ( S . 5 1 7 1 )
n .-p ro slo n to Josephine A . D a v i s ;
an d
„ .
A b ill ( S . 5 1 7 2 ) gra n tin g an in cre ase iff'n w w w n w lo .J o seph M .
W ol5,er.t; to th e C o m m ittee on P e n sio n s^
.
‘ 'v ■

128;

ESTATE

A L L A N J . M A N N , DECEASED.

P M r. O W E N su b m itte d an am en d m e n t p ro po sin g to ap p ro p ri­
a te $ 2 2 8 to p ay th e leg a l re p re se n ta tiv e s o f A lla n J. M a n n , a d e ­
c e ase d con tractor, f o r services rendered in tra n sp o rtin g th e
m a ils in th e S ta te o f T e x a s p rio r an d up to th e 3 1 st d a y o f M a y ,
1 8 6 3 , etc., inten d ed to be proposed b y h im to the P o st Office a p ­
p ro priation b ill, w h ich w a s re ferre d to th e C o m m itte e on P o st
Offices and P o st R o a d s an d ordered to be p rinted.
W I T H D R A W A L OF P A P E R S ---- H E N R Y

C.

„

Ordered, That the papers in the case of Henry C. Yates, S. 3099,
Sixty-second Congress, first session, be withdrawn from the files of l i e
Senate, no adverse report having been made thereon.
RAILROADS IN

T H E DISTRICT OF COLU M BIA.

J

M r. I I E Y B U R N su b m itte d the fo llo w in g re so lu tion (Sc R e s.
2 3 0 ) . w h ich w a s re a d , co nsidered by u n a n im ou s c o n so rt, and
agreed to.:
Jr
Resolved, That the Secretary of the Treasury be directed to advise
the Senate o f-th e character, extent, and assessed val lotion of the
property owned hy each of the railroad companies, tefluding street
railway companies^, operating in the District of CoWmbia, and the
amount of taxes pafS^by each of said companies duryjfe the last calen­
dar year.
A
JF
H EA RIN G S

BEFORE

T%U2

COM M ITTEE

ON

MIJpES

AND

M IN IN G .

M r. P O I N D E X T E R su b m itte d th e foll^rWing reso lu tion ( S .
R e s. 2 1 1 ) , w h ich w a s reW i an d r e f e r r e d to th e C o m m ittee to
A u d it an d C o n tro l th e Coirfemgent E x p a n se s o f th e S e n a te :
Resolved, That the Committcff^m Mines#and Mining, or any subcom­
mittee thereof, is hereby authorised duwrtg the Sixty-secbnd Congress
to send for persons and papers, t<wgd!#l5iister oaths, to employ stenog­
raphers from time to time to repo’rtJsuch hearings as may be had in
connection with any subject that maff.be pending before said committee,
and to have the testimony and gl'bcofedings of such hearings printed
for the use of the committee. Tyre expanses of such hearings shall be
paid out of the contingent fun<fcrt)f the Sfenate, and said committee and
subcommittee thereof may sit c u rin g the Sessions of the Senate.
P U B L IC -tm L IT IE S

C O M J^ S S IO N .

M r. G A L L I N G E R .
T a s k u n a n im o u s con sen t th a t th e S en a te
proceed to th e con sid eration o f th e b ill (W. 3 8 1 2 ) to re g u la te
p u b lic u tilitie s in ttfe D is tr ic t o f C o lu m b ia \ n d to co n fe r upon
th e C o m m issio n er# o f the D is tr ic t o f C o lu m b ia th e d u tie s an d
p ow ers o f a pu iffic-u tilities co m m issio n .
%
T h e re being, rio ob je ctio n , th e S en a te , a s in C o m m ittee o f th e
W h o le , p r o v i d e d to co n sid er th e b ill, w h ich h a d been rep orted
fro m th e C o m m ittee on th e D is tr ic t o f C o lu m b ia w ith a m en d ­
m en ts. /




Eebruaky 7,

M r. G A L L I N G E R .
I a sk u n a n im o u s con sen t th a t th e fo r m a l
re a d in g o f th e b ill b e d isp en sed w ith an d th a t th e b ill b e rea d
fo r am en d m e n t, th e co m m itte e a m e n d m e n ts to be first con­
sidered.
The V IC E P R E S ID E N T .
I s th e re o b je c tio n ?
T h e C h a ir
h e a rs none. T h e b ill w ill be rea d fo r am en d m e n t, the co m m ittee
am en d m e n ts to be first consid ered .
T h e S e c re ta ry proceeded to read th e bill.
T h e first am en d m e n t o f th e C o m m itte e on th e D is tr ic t o f
C o lu m b ia w a s, in' section 1, p age 4, lin e 5, a fte r th e w o rd “ ra il­
ro a d s,” to s trik e ou t “ a n d ” ; in th e sa m e lin e , a fte r th e w o rd
“ co m p a n y ,” to in se rt “ a n d th e N o r fo lk & W a s h in g to n S te a m ­
b o a t C o., an d a ll co m p an ie s en ga ged in in te rsta te traffic upon
th e P oto m ac R iv e r and C h e sap e ak e B a y ,” so a s to r e a d :
The term “ common carrier ” when used in this act includes express
companies and every corporation, street railroad corporation, company,
association, joint-stock company or association, partnership, and person)
their lessees, trustees, or receivers, appointed by any court whatsoever,
owning, operating, controlling, or managing any agency or agencies for
public u s e .for the conveyance of persons or property within the Dis­
trict of Columbia for hire. Steam railroads, the Washington Terminal
Co., and the Norfolk & Washington Steamboat Co., and all companies
engaged in "interstate traffic upon the Potomac River and Chesapeake
Bay are excluded from the operation of this act, and are not included
in the term “ common carrier.”
T h e a m en d m en t w a s ag reed to.
T h e S ec re ta ry resum ed the re a d in g o f th e b ill, an d read to
th e end o f th e fo llo w in g c la u se , in section 3 on p ag e 9 :
\ Sec . 3. That every public utility doing business in the District of
'Columbia having-tracks, conduits, subways, poles, wires, switchboards,
^exchanges, works-, or other equipment shall, for a reasonable compensa­
t i o n , permit the temporary use of the same or a permanent use for a
distance not exceeding 2,500 feet by any other public utility whenever
public convenience-and necessity require such use, and when such use
will not result in a noncompensatory or irreparable injury to the owners
or other users of such equipment, nor in any substantial detriment to
the service to be rendered by such owners or other users.
M r. W I L L I A M S y
M r. P re sid en t, I sh o u ld lik e to a s k th e
S e n a to r in ch a rg e <if th e b ill a q u e stio n a t th is p oin t. W h y did
th e co m m itte e lim it t h a t p ro v isio n to 2 ,5 0 0 fe e t?
M r. G A L L I N G E R .I M r. P re sid en t, I w ill s a y to th e S e n a to r
th a t th a t is an a r b itr a r y d ista n ce .
On tlie one b a n d , th ere
w e re th o se w h o contend ed th a t w e o u g h t n ot to com p el one
co m p an y to go o v er t i e tr a c k s o f an o th e r, an d , on th e oth er
h an d, th e re w a s a con ten tion th a t th e y o u g h t to be p erm itted
to do so w ith o u t re strictio n . A ft e r v e ry c a re fu l con sid eration
on th e p a r t o f a ll p a r tie s in in terest, it w a s decided th a t th e re
m ig h t w e ll be a re striction , th e c o m m issio n ers co n ten d in g,
how ever, th a t th e y th o u g h t it o u g h t to be 3 ,0 0 0 fe e t, b ecau se
th a t w ou ld se rv e th e p u to o s e iu a p a r tic u la r p la ce in th e
D is tr ic t w h e re th e y w an te d one c o m p a n y ’s c a rs to ru n ov er
th e tr a c k s o f a n o th e r, b u t \ it w a s fin a lly d eterm in e d to p u t
2 ,5 0 0 fe e t in th e b ill— w h i e f t i s a lm o s t h a lf a m ile — th in k in g
th a t w o u ld a n sw e r ev e ry co n tin g en cy th a t m ig h t arise .
M r. W I L L I A M S . T h e re a son I a sk e d the q u estio n w a s t h i s :
T h e bill p ro v id es th a t "w h en oi^p co m p an y d oes u se th e trac k s
o f an o th e r te m p o r a r ily or p e r n % n e n tly it sh a ll p a y d u e com ­
p en sa tio n f o r it.
T h e d ista n c e Yfrom th e T r e a s u r y B u ild in g ,
le t u s s a y , to th e C a p ito l is m u c h V n o re th a n 2 ,5 0 0 fe e t.
M r. G A L L I N G E R . I t is a b o u t flwice th a t d ista n c e , p ro b ab ly .
M r. W I L L I A M S .
I t is v e r y proTbable th a t v e r y m a n y lin es
m a y in the course o f tim e h a v e to rVn over th a t sp ace, b ecause
it fo r m s th e ce n tra l a r te ry o f th e to\«n, fr o m th e W h it e H o u s e
to th e C a p ito l, an d it w o u ld be o u t o \ a l l reason to a llo w a n y
m o re tr a c k s to be la id on P e n n sy lv a n ia v A v e n u e or on F ifte e n th
S tree t th a n a r e a lr e a d y laid .
T h e re i \ a d ou b le tra c k th ere
n ow .
I t se 6m s to m e th e lim it fixed in, th e b ill ou g h t to be
sufficient, a t a n y ra te , to co ver th a t d istance.
M r. G A L L I N G E R .
T h e p ro b a b ilitie s a r e th a t in th e n e ar
fu tu r e th e re w ill b e a n o th e r cro ss-to w n Hire a litt le n orth o f
P e n n s y lv a n ia A v e n u e th a t w ill qu ite lik eljR ta k e ca re o f th e
lin e o f a n y co m p an y th a t w ish es to co m e intefethe D is t r ic t fro m
V ir g in ia , w e w ill s a y ; so th a t I th in k -------- \
M r. W I L L I A M S .
Y e s ; b u t i f th e S en a to r \ v iR e x cu se m e,
th is n o t o n ly lim its th e d ista n c e o v e r w h ich onft. co m p an y m a y
u se th e tr a c k s o f a n o th e r p e rm a n e n tly , b u t it \ i m i t s i t te m ­
p o r a rily .
M r. G A L L IN G E R . N o.
\
M r. W I L L I A M S . N o w , suppose-------\
M r. G A L L I N G E R .
I w ill sa y to th e S en a to r tlr^t it d oes
n ot lim it i t te m p o ra rily .
I n e m ergen cies th e co m p a n ie s are
p e rm itte d to go over th e tr a c k s a s f a r a s th e y m a y s e k f it .
M r . W I L L I A M S . A s I h a v e h e a rd th e b ill, it se em s to lim it
b oth uses, te m p o ra ry an d p erm an en t.
M r. G A L L I N G E R .
T h e S e n a to r is w ro n g a b o u t th a t.
M r. W I L L I A M S . I w a s go in g to s a y th a t a co m p an y m ig h t
co m e in fro m M a r y la n d a t one end or fr o m V ir g in ia a t th e
other, an d w h ile th e y w ere g e ttin g th e b a la n ce o f th e ir cross-

i
1912.

CONGRESSIONAL RECORD— SENATE.

1833

A b ill ( S . 5 1 8 1 ) g r a n t in g a n in c r e a s e o f p e n s i o n
n n ie A .
W eegar
( w i t h a c c o m p a n y in g p a p e r ) ; to ttu
m it te e on
P e n s io n s .
B y M r. B R A N D E G E E :
A b ill ( S . 5 1 8 2 ) g r a n t in g a n in c r e a s a 5®? p e n sio n to F r a n c e s A .
T u b b s ; to th e C o m m itt e e o n P q p gilm s.
B y M r. B U R T O N :
A b ill ( S . 5 1 8 3 ) to d o im j^ /f w o p ie c e s o f a r t ille r y f o r m e m o r ia l
p u r p o s e s a t th e g r a v e ^ r m e la t e B r ig . G en . J o h n S . C a s e m e n t,
U n it e d S t a t e s V o lu ff^bers, a t P a in e s v ille , O h i o ; to th e C o m m it­
te e on M i li t a r y J g ffairs.
A b ill (S .J jg t» 4 ) g r a n t in g a p e n s io n to J o h n C a r n e s ; and
SCH OOL LAN D S IN C H E LA N CO U N TY, W A S H .
A b ill (Jg?5 1 8 5 ) g r a n t in g a n in c r e a s e o f p e n sio n t o J a m es E .
M r. J O N E S .
I a m d ir e c te d b y th e C o m m itt e e o n P u b lic
F u l l e r ; - t o th e C o m m itt e e on P e n s io n s .
L a n d s , to w h ic h w a s r e fe r r e d th e b ill ( S . 1 6 9 7 ) g r a n t in g 2
B y M r. O W E N :
a c r e s o f la n d to sc h o o l d is t r ic t N o . 4 4 , C h e la n C o u n t y , W a s h .,/
A b ill ( S . 5 1 8 6 ) to in c o r p o r a te th e B r o th e r h o o d o f N o r t h
to re p o r t it f a v o r a b ly w it h a n a m e n d m e n t in th e n a t u r e o f
A m e r ic a n I n d i a n s ; to th e C o m m itt e e on I n d ia n A ff a ir s .
a s u b s t itu t e , a n d I s u b m it a re p o r t ( N o . 3 4 1 ) th e r e o n .
I ask
B y M r. G A L L I N G E R :
'
^ * * * w * # * * w i » b* *
f o r th e p r e s e n t c o n s id e r a tio n o f th e b ill.
A b ill ( S . 5 1 8 7 ) f o r th e p ro te c tio n o f s to c k h o ld e r s in c o r p o r a ­
The V IC E P R E S ID E N T .
T h e S e c r e ta r y w i ll r e a d th e b ill
tio n s d o in g a n in t e r s ta t e b u s i n e s s ; to th e C o m m itt e e o n I n te r ­
f o r th e in fo r m a t io n o f th e S e n a te .
s t a t e C o m m e rc e .
The S e c r e t a r y .
T h e c o m m itte e a m e n d s th e b ill b y s t r ik ­
B y M r. C L A P P :
in g o u t a ll a f t e r th e e n a c t in g c la u s e a n d i n s e r t i n g :
A b ill ( S . 5 1 8 8 ) to c o rr e c t t h e re c o rd in th e c a s e o f P a s s e d
That there is hereby granted to school .district No. 44, Chelan
A s s t . S u r g . W i l l i a m N e il M c D o n e ll, U n it e d S ta t e s N a v y ; to th e
County, State of W ashington, 1.77 acres in lot 3, section 13, township
C o m m itt e e on N a v a l A ff a ir s .
27 north, range 16. east, W illam ette meridian, more particularly de­
B y M r. B A I L E Y :
scribed as follows : Beginning at the corner numbered 1 of the tract
of land to be described, which is a stone niarked S .H .-4 4 , from which
A b ill ( S . 5 1 8 9 ) f o r th e r e lie f o f th e h e ir s o f W i l l i a m S ta n s the quarter corner between sections 13 apd 14, same township, bears
bury, d e c e a s e d ;
north 4 50 feet ; thence; south 02 east 4 18 feet to corner numbered 2 ;
A b ill ( S . 5 1 9 0 ) f o r th e r e l i e f o f th e h e ir s o f D r . J a m e s
thence south 209 feet t'p corner numbered 3 ; thence north 62 west 418
feet to corner numberedvl ; thence nort|i 209 feet to corner numbered
G o w e r, d e c e a s e d ; a n d
1, the place of beginningibefng the same as now used and occupied by
( B y r e q u e s t.) A b ill ( S . 5 1 9 1 ) f o r th e r e lie f o f th e h e ir s a t
said district for public-school purposes; and the Secretary of the
Interior is hereby authorised and directed to issue patent for said
l a w o f G r e e n C a s w e ll C u lp , d e c e a s e d ; to th e C o m m itt e e on
lands to said school district.
C la im s .
B y M r. H E Y B T J R N :
The V IC E P R E S ID E N T .
I s th e r e o b je c tio n to t h e p re s e n t
A b ill ( S . 5 1 9 2 ) f o r th e r e lie f o f W . B . H o r n ; to th e C o m m it­
c o n s id e r a tio n o f th e b i ll? :
te e o n P o s t O ffices a n d P o s t R o a d s .
T h e r e b e in g n o o b je c tio n t h e b ill w a s c o n sid e r e d a s in C o m ­
m it te e o f th e W h o le .
St
A M E N D M E N T S TO D IS T R IC T OF C O L U M B IA A P P R O P R IA T IO N B IL L .
T h e a m e n d m e n t w a s a g r e e d to.
M r . M A R T I N o f V ir g in ia s u b m itte d a n a m e n d m e n t p ro p o s in g
T h e b ill w a s re p o r te d t o / t h e S e n a te a s a m e n d e d , a n d th e
to a p p r o p r ia te $ 5 ,0 0 0 f o r th e o p e n in g a n d im p r o v e m e n t o f D e a n
a m e n d m e n t w a s c o n c u r r e d in .
A v e n u e a n d G r a n t S tr e e t, j u s t e a s t o f B e n n in g s , e tc ., in te n d e d
T h e b ill w a s o r d e r e d to / b e e n g r o s s e d f o r a th ir d re a d in g ,
to b e p ro p o s e d b y h im to th e D i s t r i c t o f C o lu m b ia a p p r o p r ia ­
r e a d th e th ir d tim e , a n d p a sse d .
tio n b ill, w h ic h w a s r e fe r r e d to th e C o m m itt e e o n A p p r o p r ia ­
T h e tit le w a s a m e n d e d SO a s to l ;e a d : “ A b ill g r a n t in g c e r ta in
tio n s a n d o r d e r e d to b e p rin te d .
la u d s to sc h o o l d is tr ic t N p . 4 4 , C h e la n C o u n ty , W a s h .”
H e a ls o s u b m itte d a n a m e n d m e n t p r o p o s in g to a p p r o p r ia te
B IL L S IN T R O D U C E D .
$ 1 2 ,0 0 0 f o r p a v in g N ic h o ls A v e n u e , A n a c o s t ia , fr o m G o od H o p e
R o a d to T a lb e r t S tr e e t w ith a s p h a lt , e tc ., in te n d e d to b e p ro ­
B i l l s w e r e in t r o d u c e ® r e a d th e fir%t tim e , a n d , b y u n a n im o u s
p o se d b y h im to th e D is t r ic t o f C o lu m b ia a p p r o p r ia tio n b ill,
c o n s e n t, t h e se c o n d tiiffe, a n d r e fe r r e d a s f o l l o w s :
w h ic h w a s r e fe r r e d to th e C o m m itte e o n A p p r o p r ia tio n s a n d
B y M r. M A R T I N o f V ir g in ia :
%
o r d e r e d to b e p rin te d .
A b ill ( S . 5 1 7 3 ) tq | p r o m o te t h e e fficien cy o f th e L if e - S a v in g
S e r v i c e ; to th e C o m J h ittee on C o m m e rc e .
B R E A K W A T E R A T N A R R A G A N S E T T P IE R , R . I .
A b ill ( S . 5 1 7 4 ) g r a n t in g a p e n sio n to G e o r g e E . H a r r i s o n ;
M r . L I P P I T T s u b m itte d a n a m e n d m e n t p r o v id in g f o r th e
A b ill ( S . 5 1 7 5 ) g r a n t in g a n in c r e a s e p f p e n sio n to L a S a lle
e x a m in a t io n a n d s u r v e y f o r a b r e a k w a t e r a t N a r r a g a n s e t t
C o r b e ll P i c k e t t ; a jfd
•
%
P ie r , It. I ., in te n d e d to bo p ro p o s e d b y h im to t h e r iv e r s a n d
A b ill ( S . 5 1 7 6 ); g r a n t in g a p e n sio n to ljE liz a b e tk B . P r e s to n
h a r b o r s a p p r o p r ia tio n b ill, w h ic h w a s r e fe r r e d to th e C o m ­
( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e o n P e n s io n s .
m it te e on C o m m e r c e a n d o r d e r e d to be p rin te d .
B y M r. L O D G E :
%
M A R IO N B. P A T T E R SO N .

Mi*. B R Y A N , f r o m tlie C o m m itt e e on C la im s , to w h ic h w a s
r e fe r r e d th e b ill ( S . 2 0 6 0 ) f o r th e r e lie f o f M a r io n B . P a tte r s o n ,
R eported th e fo llo w in g r e s o lu tio n ( S . R e s . 2 1 2 ) , w h ic h w a s c o n ­
s id e r e d b y u n a n im o u s c o n se n t a n d a g r e e d t o :
R esolved, T hat the bill (S. 26 6 0 ) entitled “ A bill for the relief of
Marion B. Patterson,” now pending in the Senate, be, and the same
is\hereby, referred to the Court of Claims, in pursuance of the provi­
sions of an act entitled “ An act to codify, revise, and amend the laws
relating to the judiciary,” approved March 3, 1 9 1 1 ; and the said court
shall proceed w ith the "same in accordance w ith the provisions of such
act, gnd report to the Senate in accordance therewith.

A b ill ( S . 5 1 7 7 ) a m e n d in g th e s ta tu t e s r e la t in g to p a te n ts ,
r e lie v in g m e d ic a l a n d d e n ta l p r a c titio n e r s fripm u n ju s t b u r d e n s
im p o s e d b y p a te n te e s h o ld in g p a te n t s c o v e r in g m e th o d s a n d
d e v ic e s f o r t r e a tin g h u m a n d is e a s e s , a i lm e n t s , a n d d i s a b i li t i e s ;
to t h e C o m m itt e e on P a te n ts .
B y M r. S H I V E L Y :
A b ill ( S . 5 1 7 8 ) g r a n t in g a n in c r e a s e o f p e n sio n to J a m e s
M ile s ( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itte e on P e n ­
sio n s.
B y M r. P O I N D E X T E R :
A b ill ( S . 5 1 7 9 ) d ir e c tin g th e S e c r e ta r y o f th e T r e a s u r y to
p re p a re d e s ig n s a n d e s tim a te s f o r a n d re p o r t c o s t o f a n a tio n a l
a r c h iv e s b u ild in g in th e D i s t r ic t o f C o lu m b i a ; to th e C o m m itte e
on P u b lic B u ild in g s a n d G r o u n d s.
M r. P O I N D E X T E R .
I n co n n e c tio n w ith th e b ill, I p re s e n t a
s ta te m e n t o f th e p ro c e e d in g s th a t h a v e a lr e a d y b e e n ta k e n f o r
th e p u rp o se o f th e e re c tio n o f a n a r c h iv e b u ild in g in th e c it y o f
Washington. T h e s ta te m e n t is p r e p a re d b y P r o f. J. F r a n k lin
J a m e s o n , o f th e C a r n e g ie I n s tit u tio n , o f W a s h in g t o n , D . C.
I
m o v e th a t th e p a p e r b e p r in te d a s a d o c u m e n t ( S . D o c . N o . 2 9 7 )
a n d r e fe r r e d to th e C o m m itte e on P u b lic B u ild in g s a n d G r o u n d s
to a c c o m p a n y th e
T h e m o tio n w a s
B y M r. R E E D :
A b ill ( S . 5 1 8 0 )
c itiz e n s o f th e c ity

b ill.
a g r e e d to.
f o r th e r e lie f o f th e m a y o r , c o u n c ilm e n , a n d
o f G la s g o w , M o . ( w i t h a c c o m p a n y in g p a p e r ) ;

t o th e C o m m itt e e on C la im s .




P O S T A L -S A V I N G S

D E P O S IT O R IE S .

M r . G R O N N A s u b m itte d a n a m e n d m e n t in te n d e d to b e p r o ­
p o s e d b y h im to th e b ill (-S. 4 1 4 2 ) to a m e n d s e c tio n 9 o f th e a c t
o f J u n e 2 5 , 1 9 1 0 , e n title d “ A n a c t to e s ta b lis h p o s t a l-s a v in g s
d e p o s ito r ie s f o r d e p o s itin g s a v in g s a t in te r e s t, w ith th e s e c u r ity
o f th e G o v e r n m e n t f o r r e p a y m e n t th e r e o f, a n d f o r o t h e r p u r­
p o s e s ,” w h ic h w a s r e fe r r e d to th e C o m m itte e on P o s t O ffices
a n d P o s t R o a d s a n d O rdered to b e p rin te d .
R E G U L A T IO N

OF

IM M IG R A T IO N .

w a s o r d e r e d to lie on th e ta b le a n d b e p r in te d .
P U B L I C -U T I L I T I E S

C O M M IS S IO N

(s.

DOC.

NO. 3 0 0 ) .

M r. W O R K S .
I d e s ir e to p ro p o s e a n a m e n d m e n t in th e fo r m
o f a s u b s t itu t e to S e n a te b ill 3 8 1 2 , k n o w n a s th e p u b lic -u tilitie s
b ill.
T h is p ro p o s e d s u b s t itu t e is, w ith a f e w m in o r c h a n g e s , a
c o p y o f th e b ill n o w p e n d in g in th e H o u s e .
U p o n th a t b ill t w o
r e p o r ts w e r e m a d e b y th e C o m m is s io n e r s o f th e D i s t r ic t o f C o ­
lu m b ia .
I a s k t h a t th e p ro p o s e d a m e n d m e n t a n d th o s e tw o
re p o r ts , w h ic h h a v e n o t y e t b een p r in te d , be p r in te d a n d lie o n
th e ta b le .
The V IC E P R E S ID E N T .
W i t h o u t o b je c tio n , a n o r d e r th e r e ­
f o r w ill b e e n te re d .

If
■V

CONGRESSIONAL RECORD— SENATE.

11834

__________________________________________________ ____________

_

. .

_______^ ___;

.............. - ■■ - - - •=-,

.. .-frj i wrtlfl

H
y

$

E

A

R

T

H

E

COMMITTEE ON WOMAN’S SUFFRAGE.

M r. O V E R M A N su b m itte d th e fo llo w in g re so lu tion ( S . R es.
2 1 3 ) , w b ic b w a s re a d an d re fe r re d to th e C o m m ittee to A u d it
an d C o n tro l th e C o n tin g en t E x p e n se s o f th e S e n a t e :
Resolved, That the Committee on Woman Suffrage, or any subcom­
mittee thereof, is hereby authorized, during the Sixty-second Congress,
to send for persons and papers, to administer oaths, to employ sten­
ographers to report such hearings as may be had in connection with
any subject that may be pending before said committee, and to have
the testimony and proceedings of such hearings printed for the use of
the committee. The expense of such hearings shall be paid out of the
contingent fund of the Senate, and said committee and subcommittees
thereof may sit during the sessions, of the Senate.
C O N D IT IO N S

OF

EM PLOYM ENT

IN

THE

IR O N

AND

STEEL

I N D U S T R Y '.

M r. B O R A H . I h a v e w h a t is c a lle d a p re lim in a ry rep ort, or,
r a th e r , a re su m e , o f th re e or fo u r v o lu m e s in w h ich is fou n d
th e f u ll rep ort o f th e B u r e a u o f L a b o r, D e p a r tm e n t o f C o m ­
m e rc e an d L a b o r, on co n dition s o f em p lo ym e n t in th e iron and
steel in d u stry . I t co n sists o f a b o u t 6 0 pages, and is a r 6sum e,
a s I said , o f w h a t is fo u n d in th e e n tire report.
I a s k ' th a t it
m a y be p rin ted a s a S en a te d ocu m en t.
T h e V IC E P R E S ID E N T .
W ith o u t ob je ction , a n order th e re ­
f o r is entered.
C O M M IS S I O N O N E C O N O M Y A N D E F F IC IE N C Y .

?T

F ebruary 8,

•
•

f
June 30, 1911. Official positions previously held: Consulting expert in
the installation of uniform systems of accounting for the State of Ohio
1902 ; expert for finance commission of the city of Boston, 1908 to
1 9 1 0 ; expert for governor of State of Massachusetts, 1910 to 1 9 1 1 ;
president of Massachusetts Society of Public Accountants ; trustee and
member of executive committee of American Association of Public Ac­
countants.
Merritt O. Chance, secretary: Age 4 2 : salary as secretary of the
President’s Commission on Economy and Efficiency, $6,000 per annum •
appointed March 8, 1911. Official positions previously held : Assistant
messenger, Post Office Department, 1888 ; clerk, War Department, 1890 •
clerk, Post Office Department, 1891 to 1894 ; clerk and private secre­
tary to Fourth Assistant Postmaster General, 1895 to 1899 ; chief clerk
Fourth Assistant Postmaster General. 1899 to 1901 ; private secretary
to the Secretary of W a r / 1901 to 1904 ; superintendent of post-office
supplies, Post Office Department. 1 9 0 4 ; chief clerk, Post Office Depart­
ment, 1905 to 1 9 0 8 ; auditor for the Post Office Department, 1908
to 1911.
Very respectfully.
F. A. C l e v e l a n d ,
Chairman.
H O U S E R I L L S REFER RED .

T lie fo llo w in g h ills w ere se v e ra lly read tw ice by tlieir title s
and re ferre d to th e C o m m itte e on th e J u d ic ia r y :
H . It. 18017. A n ac t to am en d an a c t e n title d “ A h a c t to re g u ­
la te th e liens' o f ju d g m e n ts an d d ec re es o f th e c o u rts o f th e
U n ited S t a t e s : and
H . R . 1 8 g & . A n a c t to a llo w an d re g u la te am en d m e n ts in
ju d ic ia l p roceed in gs in the co u rts o f U n ite d S ta te s.
H . J. lie s . 23S. A jo in t reso lu tion m a k in g ap p ro p ria tio n to
su p p ly j i deficiency in th e a p p ro p riation fo r sup port o f th e
w orkhflfise o f th e D is t r ic t o f C o lu m b ia fo r th e fiscal y e a r 1 9 1 2
w a s rhad tw ice by its title an d re ferre d to th e C o m m itte e on
A p p ro p ria tio n s.

M r. H E Y B U R N . I a sk th a t S en a te D o c u m e n t N o. 2 94 , S ix ty second C on gress, second session , bein g a m e ssa g e fr o m th e
P re sid en t o f th e U n ite d S ta te s tr a n sm ittin g in fo r m a tio n in
resp onse to S e n a te re so lu tion o f J a n u a r y 25, 1 9 1 2 , g iv in g th e
n a m e s o f th e m e m b e rs o f th e C o m m issio n on E c o n o m y and
E fficiency in th e G o ve rn m e n t S ervic e, be p rin ted in the R ecord.
G E N E R A L A R B IT R A T IO N T R E A T IE S .
/T h e V I C E P R E S I D E N T . W ith o u t ob je ction , it is so ordered.
7 M r. L O D G E .
I m o v e th a t th e S en a te proceed to th e con ­
T h e m e ssa g e is a s f o llo w s :
sid era tio n o f th e a r b itra tio n tr e a tie s w ith G re a t B r ita in a n d
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING
INFORMATION IN RESPONSE TO SENATE RESOLUTION OF JANUARY 25j'.i F r a n c e in open e x e cu tiv e session.
1312, GIVING THE NAMES OF THE MEMBERS OF THE COMMISSION 0&
T h e m otion w a s a g re e d to.
ECONOMY AND EFFICIENCY IN THE GOVERNMENT SERVICE.
M r. H E Y B U R N .
M r. P re sid en t, I su gg e st th e ab sen ce o f a
To the Senate:
JF
q uorum .
The V IC E P R E S ID E N T .
T h e S e c re ta ry w ill c a ll th e ro ll.
In resp on se to th e re so lu tion o f th e S en a te d a te d J a n u a r y '25,
T h e S ec re ta ry c a lle d th e ro ll, an d th e fo llo w in g S en a to rs a n 1 9 1 2 , I tr a n sm it h e re w ith , fo r the in fo r m a tio n o f th e S en ate, a
sw ered to th eir n a m e s :
le tte r fr o m M r. F . A . C le ve la n d , c h a irm a n o f th e P r e s e n t ' s
Bacon
Dixon
Myers
C o m m issio n on E co n o m y an d E fficiency, g iv in g th e n # n e s o f
Root
Borali
du Pont
Nelson
Shively
th e m e m b e rs and officers o f th e co m m issio n , th e ir affSs, w h a t
Bourne
Foster
Nixon
Smith, Ga.
official p o sitio n s, i f a n y , th e y h a v e held, and th e s e r i e s th ey
Gallinger
Smith, Md.
Brandegee
O’Gorman
Smith, Mich.
Brown
Gamble
Oliver
a r e rece iv in g in th e ir p resen t p osition s.
Smoot
Bryan
Gronna
Overman
W a II. T aft.
Stephenson
Burnham
Ileyburn
Owen
T he W hite H ouse, February 5, 1 9 1 2 .
#'
Sutherland
Burton
Hitchcock
Page
Swanson
__
J&f
Paynter
Chamberlain
Kenyon
Thornton
Chilton
Lea
Penrose
^Wa s h i n g t o n J i l a n u a r y 29, 1912.
Townsend
Clapp
Perkins
Lippitt
The P r e s i d e n t :
Warren
Clark, Wyo.
Lodge
Poindexter
Williams
Complying with your request for a memorandum setting forth the Clarke, Ark.
McCumber
Pomerene
Works
McLean
Rayner
names of the members and officers of the PresMent’s Commission on Crawford
Economy and Efficiency, their ages, what offSffial positions, if any, Cummins
Martin, Va.
Reed
Martino, N. J.
they have held, and the salaries they are reviving in their present Curtis
Richardson
positions, the following is submitted :
,5"
M r. B R Y A N .
I d esire to a n n ou n ce th a t m y co lle a g u e
Frederick A. Cleveland, chairm an: Age 4(1; salary as chairman of
/the President’ s Commission on Economy ajftd Efficiency, $10,000 per F l e t c h e r ] is ab sen t on b u sin e ss o f th e S en ate.
(annum; appointed March 8, 1911. Official positions previously held:
T he V IC E P R E S ID E N T .
S ix ty -tw o S e n a to rs h a v e a n sw e re d
instructor of finance, University of Pennsylvania, 1900 to 1 9 0 2 ;
professor of finance, School of Commerce^Accounts, and Finance, New to th e roll call* A q u o ru m o f th e S en a te is p resen t.
M r. W O R K S .
M r. P re sid en t, p u b lic s e n tim e n t in th is co u n try
York University, 1903 to 1905 ; member gpf commission on finance and
taxation appointed by Mayor McClellap, of the city of New York, is d e m a n d in g th e ra tifica tio n o f the proposed tr e a tie s b etw een
1905 to 1 9 0 0 ; member of committee Appointed by Comptroller Metz
T h is is evid e n ce d
for file revision of accounts and admifiistrative methods of New York, th is co u n try an d G re a t B r ita in an d F ra n c e .
1907 to 1908 ; member of committec#on office methods and practices, b y re so lu tio n s o f re lig io u s and civ ic bodies and le tte rs b y the
appointed by Controller Prendergajt, city of New Y o rk ; director, h u n d red s received b y S en a to rs u rgin g such actio n . T h e se n ti­
bureau of municipal research, Philadelphia ; director, bureau of munici­
m e n ts e xp re sse d in th e se c o m m u n ic a tio n s, c o m in g fr o m e v e ry
pal research, New York City.
William F. W illoughby: Age 4 4 ; salary as member of the President’s p a r t o f the co u n try, a re co m m en d a b le in th e h ig h e st d egree.
Commission on Economy and Efficiency, $6,000 per annum ; appointed D o u b tle ss a lik e se n tim e n t p re v a ils on th e p a r t o f th e p eople o f
March 8, 1911. Official positions previously held: Expert, Department
of Labor, 1890 to 1901 ; treasurer of Porto Rico, 1901 to 1907 ; secre­ th e tw o g r e a t n a tio n s w ith w h om th e tr e a tie s h a v e been n e g o ti­
tary of Porto Rico and president of the Executive Council of Porto ated .
I t is a se n tim e n t th a t lea d s to th e hope th a t som e tim e
Rico, 1907 to 1 9 0 9 ; Assistant Director of the Census, 1909 to 1911.
u n iv ersa l a n d unbrok en p eace betw een th e n a tio n s o f th e e a r th
Walter W . Warwick : Agey 43 ; salary as member of the President’s
w ill no lon g er be a d ream o f th e lo v ers o f p eace b u t a r e a lity .
Commission on Economy apd Efficiency, $6,000 per annum ; appointed
April 20, 1911.
Official positions previously held: Clerk to United
I t is a se n tim e n t th a t m u st find a resp onse in th e m in d a n d
States circuit judge, 1892 to 1 8 9 3 ; confidential clerk, law clerk, and h e a rt o f e v e ry tru e A m e r ic a n citizen .
I t m u st a p p ea l to every
chief law clerk, Treasury!Department, 1893 to 1898, and 1905 to 1 9 0 8 ;
C h r istia n m a n an d w om a n , to e v e ry h u m a n b ein g w h o lov es
deputy auditor Isthmian Canal Commission (Washington office), 1904
to 1905 ; examiner of accounts of the Isthmian Canal Commission and lib e rty an d ju stic e .
auditor of the government of the Canal Zone (on duty on the Isthmus),
B u t , M r. P re sid en t, I can n ot b u t co n fe ss m y d isa p p o in tm en t
1908 to 1911 : appointed associate justice of the supreme court of the
Canal Zone, 1911. H>id not enter on duties of office last named because th a t th e se p roposed tr e a tie s, i f ratified, w ill be so in e ffe ctu a l
of appointment asJnember of the commission.)
a s a m e a n s o f m e etin g th is sen tim en t.
V e r y fe w o f the th o u ­
Frank ,T Goodntfw; Age 53 ; salary as member of the President’ s Com­
.
s a n d s o f p eople w h o a re ca llin g upon S e n a to rs to su p port th e
mission on Economy aud Efficiency, $6,000 per annum ; appointed April
20. 1911. Official positions previously held : Professor of law, Colum­ tre a tie s r e a lly k n ow th e ir co n ten ts, an d b u t fe w o f th ose w h o
bia University, New York, since 1883 ; member of commission appointed
k now th e ir c o n te n ts u n d ersta n d th e ir m e a n in g an d e ffect.
They
by Gov. Roosevelt in 1900 to revise the charter of the city of New
Y o rk ; member of commission on finance and taxation appointed by are so u n c e rta in in th e ir te rm s an d so in a d e q u a te in e x p re ssio n
Mayor McCfollan of the city of New York, 1905 ; member of commis­ th a t even on th is d o o r . th e official representi.itivgs o f ou r G o v ­
sion appointed by Mayor Gaynor to inquire into the causes of conges­ e rn m e n t d iffe r w id e ly a s to th e ir scope, m ean in g , a n d effect.
tion of population in New York, 1910 ; delegate of the United States
Government to the first Con^rcgg....nf Administrative Science at Brus- T h e q u estio n p resen ted is so fa r-re a c h in g a n d im p o r ta n t in its
e ffec ts th a t I am su re S e n a to rs h a v e given it the m o s t c a r e fu l
Harvey S. Chase : Age 50 ; salary as member of the President’s Com­ an d u n b ia sed co n sid eration , a s I h a v e trie d to do.
I t to u ch es
mission on Economy and Efficiency, $40 per day while on duty at W ash­
th e p eace an d h ap p in e ss o f th e p eo p le o f th re e g re a t n a tio n s.
ington, without cost to the Government for traveling and personal
Y e a , m o re th a n th a t, i f th e se tr e a tie s co u ld ac co m p lish w h a t
expenses, the total cost per annum not to exceed $ 6 ,0 0 0 ; appointed




1912.

CONGRESSIONAL RECORD— SENATE.

s tr u c t a n d m a in ta in a d a m a n d tu n n e l on tlie B i g B e n d o f tlie
J a m e s R iv e r , in S to n e C o u n ty , M o ., to c r e a te e le c tr ic p o w e r .
T lie P R E S I D E N T p ro te m p o r e .
T h e S e n a to r f r o m M is s o u r i
fisk s u n a n im o u s c o n se n t f o r th e p r e s e n t c o n s id e r a tio n o f th e b ill
n am ed;, b y h im , w h ic h w ill be r e a d f o r th e in f o r m a t io 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 th e b ill.
T h e P R E S I D E N T p ro te m p o r e .
I s th e r e o b je c tio n t o th e
p r e s e n t c o n s id e r a tio n o f th e b ill?
M r. I t p a T .
I th in k I s h o u ld lik e to e x a m in e t h i s b ill a litt le
m o r e close% - b e fo r e it is p a sse d .
#
T h e P R E S I D E N T p ro te m p o r e .
O b je c t io n is m a d e , a n d th e
h ill g o e s o v e k
CH OCTAw\\KD

C H IC K A S A W

COAL A N D A S P H A M

LANDS.

T h e P R E S I D E N T p ro te m p o r e laid, b e fo r e tlie S e n a te th e
a m e n d m e n t o f tire H o u s e o f R e p r e s e n ta tiv e s t # t h e a m e n d m e n t
o f th e S e n a te to % e b ill ( H . R . 1 4 0 5 5 ) to p ^S v id e f o r th e s a le
o f th e s u r fa c e o f f * e s e g r e g a te d c o a l a n d a s p h a lt la n d s o f th e
C h o c ta w a n d C h i c k e n \v N a tio n s , a n d f o r o th e r p u rp o s e s .
T h e S e c r e ta r y p ro c e e d e d to re a d th e a m e n d m e n t o f th e H o u s e
o f R e p r e s e n ta tiv e s to 't h e a m e n d m e n t o f ,t h e S e n a te .
M r. I IE Y B U R N .
M ft ^ P r e s id e n t , is t h i s a S e n a te b ill th a t
w e n t to th e H o u s e o r a n o r ig in a l I l o u s e b ill ?
T h e P R E S I D E N T p ro te m p o r e .
I f is a n a m e n d m e n t o f th e
H o u s e o f R e p r e s e n ta tiv e s t o y m a m e n d m e n t o f th e S e n a te to a
H o u s e b ill.
Ik
&
M r. I IE Y B U R N .
T h e n I a s fffffia t it g o to th e c a le n d a r .
M r. G A M B L E .
M r. P r e s id e d ^
th e r e is o b je c tio n , I p r e ­
s u m e it w ill n e c e s s a r ily g o to -C o s ^ e r e n c e o r to th e C o m m itte e
on I n d ia n A ff a ir s .
M r. I I E Y B U R N .
I t corgfes h e re a f a n a m e n d m e n t in th e
n a t u r e o f a s u b s titu te ,
^ n i e o f u s wfep to o k a n a c tiv e p a r t in
th is m a tte r h a v e n o t h a jp t im e to see it, Said w e w a n t to r e a d it.
I j u s t c a u g h t a p h r a s a m s th e a m e n d m e n t \ya s b e in g r e a d th a t
I ilo n o t th in k h a s b c ^h b r o u g h t to th e a t te n tio n o f th e S e n a to r
f r o m S o u th D a k o t a ,"
Na
M r . G A M B L E . M w ill s a y to th e S e n a to r fr?#B I d a h o t h a t a
b ill s u b s t a n t i a l l w i n th e s a m e f o r m p a s s e d th e l9S*iise. a n d w a s
r e fe r r e d to tli( ^ C o m m it te e on I n d i a n A f f a i r s o f tli$ ::& e n a te .
It
w a s v e r y c a r e fu lly c o n sid e r e d b y t h a t c o m m itte e , a s u b s t i ­
tu t e w ith cgmnin m o d ific a tio n s r e c o m m e n d e d b y th e C ofcm iittee
on I n d ia n A f f a i r s o f th e S e n a te w a s p a s s e d b y th e S e n a te j m t l
w e n t o v e r 't o th e H o u s e . I th in k th e r e w e r e a c o u p le o f a m e n d ­
m e n ts m a d e to th e S e n a te s u b s t itu t e b y th e H o u s e o f R e p r e ­
s e n ta tiv e s .
M r :-H i :Y B U R N .
1 a sk tlie S e n a to r i f th e p r o v is io n in th e
H o u se a m e n d m e n t in re g a rd , t o .#r.uzi.ug
i s th e s a m y i & i i *
p j 0 f l p i Q £ o f th e S e n a te b i l l ?
I t cl!c D n o i Ys lfl'k tf;AiT! 1
T
?
be in g
th e s a m e .
M r .' O W E N .
I t i s th e sa m e .
M r. G A M B L E .
T h e s e n io r S e n a to r f r o m O k la h o m a [ M r .
O w e n ] is e n tir e ly f a m i l i a r w it h it.
f M r . O W E N . T h e r e is n o c h a n g e in t h a t re sp e c t. S i x h u n d re d
/ a n d f o r t y a c r e s is t h e m a x im u m o f g r a z in g la n d a llo w e d to be
f sold . T h a t w a s th e p r o v isio n o f th e S e n a te b ill.
M r. I IE Y B U R N .
I t w a s n o t th e q u a n t i t y ; it* w a s th e m a n n e r
o f se le c tio n w ith in a v e r y s h o r t tim e — th e c la s s ific a tio n . I h a v e
no p e r so n a l in te r e s t in tin s m a tte r , o n ly I p ro p o se to b e a lw a y s
on th e a le r t a g a in s t b u ild in g u p a g r a z in g -la n d t r u s t in th is
c o u n tr y .
T h a t is a ll.
M r. O W E N .
A s I h a v e s a id , 0 4 0 a c r e s is th e m a x im u m o f
g r a z in g la n d to b e so ld u n d e r th is b ill.
I t is th e s a m e a s th e
b ill h e r e to fo r e p a sse d .
T h e P R E S I D E N T p ro te m p o r e . T h e C h a ir w o u ld s u g g e s t to
th e S e n a to r f r o m I d a h o t h a t th e a m e n d m e n t c o u ld n o t w e ll go
to th e c a le n d a r , b u t sh o u ld e ith e r b e a g re e d to , r e fe r r e d to th e
C o m m itte e on I n d ia n A f f a ir s , or d is a g r e e d to a n d a c o n fe re n c e
c o m m itte e a p p o in te d .
M r. I I E Y B U R N .
L e t it g o o v e r f o r a d a y .
M r. B A C O N .
I s u g g e s t f u r t h e r t h a t it m ig h t lie on th e ta b le .
T h e P R E S I D E N T p ro te m p o r e . Y e s ; it m ig h t lie on th e ta b le .
M r. G A M B L E .
I su g g e s t a ls o , a s h a s a lr e a d y b een su g g e s te d
b y th e S e n a to r f r o m G e o r g ia , t h a t it m ig h t lie on th e ta b le .
M r. I I E Y B U R N .
I w ill a g r e e to a n y th in g th a t w ill g iv e u s
an o p p o r tu n ity to e x a m in e it.
M r. O W E N .
I h a v e n o o b je c tio n to th e a m e n d m e n t ly in g on
th e ta b le .
M r. W A R R E N .
I w a n t to a s k i f th e e n tir e a m e n d m e n t w ill
be p rin te d in th e R e c o r d ?
T h e P R E S I D E N T pro te m p o re.
Y es.
Mr. W A R R E N .
1 th ou gh t th e S ecreta ry had n o t finished

readin g, and the en tire am en dm ent ou ght to go in th e R ecord.
M r. O W E N .
T h e m a tte r is a lr e a d y set fo r th in th e re p o r t o f
th e H o u s e , N o . 3 1 7 . I t w a s p r in te d la s t S a tu r d a y .




1945

T h e P R E S I D E N T p ro te m p o r e .
"W ith o u t o b je c tio n , th e e n ­
tir e a m e n d m e n t w ill b e p r in te d in th e R ecord, a n d w ill, f o r th e
p r e s e n t, lie on th e ta b le .
T h e a m e n d m e n t o f th e H o u s e o f R e p r e s e n ta tiv e s w a s to
s tr ik e o u t a ll o f th e a m e n d m e n t o f th e S e n a te a f t e r th e w o r d
“ T h a t ,” on p a g e 1, lin e 1, a n d in lie u th e r e o f to i n s e r t :
The Secretary of the Interior is hereby authorized to sell at not less
than the appraised price, to be fixed as hereinafter provided, the sur­
face, leased and unleased, of the lands o f the Choctaw and Chickasaw
Nations in Oklahoma segregated and reserved by order of the Secretary
of the Interior dated March 24, 1903, authorized by the act approved
July 1, 1902.
The surface herein referred to shall include the entire
estate save the coal and asphalt reserved. Before offering such surface
for sale the Secretary of the Interior, under such regulations as he may
prescribe, shall cause the same to he classified and appraised by three
appraisers, to be appointed by the President, at a compensation to he
fixed by him. not to exceed for salary and expenses for each appraiser
the sum of $15 per day for the time actually engaged in making such
classification and appraisement. The classification and appraisement of
the surface shall be by tracts, according to the Government survey of
said lands, except that lands which are especially valuable by reason of
proximity to towns or cities may, in the discretion of the Secretary of
the Interior, be subdivided into lots or tracts containing not less than
1 acre.
In appraising said surface the value of any improvements
thereon belonging to the Choctaw and Chickasaw Nations, except such
improvements as have been placed on coal or asphalt lands leased for
mining purposes, shall be taken into consideration.
The surface shall
be classified as agricultural, grazing, or as suitable for town lots. The
classification and appraisement provided for herein shall be completed
within six months from the date of the passage of this act, shall be
sworn to by the appraisers, and shall become effective when approved
by the Secretary of the Interior : Provided, That in the proceedings and
deliberation of said appraisers in the process of said appraisement and
in the approval thereof the Choctaw and Chickasaw Nations may pre­
sent for consideration facts, figures, and arguments bearing upon the
value of said property.
Sec. 2. That after such classification and appraisement has been
made each holder of a coal or asphalt lease shall have a right for 60
days, after notice in writing, to purchase, at the appraised valilb and
upon the terms and conditions hereinafter prescribed, a sufficient
amount of the surface of the land covered by his lease to embrace im­
provements actually used in present mining operations or necessary for
future operations up to 5 per cent of such surface, the number, location,
and extent of the tracts to be thus purchased to be approved by the
Secretary of the In terio r: Provided, T hat the Secretary of the Interior
may, in his discretion, enlarge the amount of land to be purchased by
any such lessee to not more than 10 per cent of such surface : P ro­
vided futlier, That such purchase shall be taken and held as a waiver
by the purchaser of any and all rights to appropriate to his use any
other part of the surface of such land, except for the purpose of future
operations, prospecting, and for ingress and egress, as hereinafter re­
served : Provided further, That if any lessee shall fail to apply to pur­
chase under the provisions of this section within the time specified the
Secretary of the Interior may, in his discretion, with the consent of the
lessee, designate and reserve from sale such tract or tracts as he may
deem proper and necessary to embrace improvements actually used in
present mining operations, or necessary for future operations, under any
existing lease] and dispose of the remaining portion of the surface
within such lease free and clear of any claim by the lessee, except for
the purposes of future operations, prospecting, and for ingress and
egress, as hereinafter reserved.
Sec. 3. That sales of the surface under this act shall be upon the
conditions that the Choctaw and Chickasaw Nations, their grantees,
lessees, assigns, or successors, shall have the right at all times to enter
upon said lands for the purpose of prospecting for coal or asphalt
thereon, and also the right of underground ingress and egress, without
compensation to the surface owner, and upon the further condition
that said nations, their grantees, lessees, assigns, or successors, shall
have the right to acquire such portions of the surface of any tract
tracts, or rights thereto as may be reasonably necessary for prospecting
or for the conduct of mining operations or for the removal of deposits
of coal and asphalt upon paying a fair valuation for the portion of the
surface so acquired.
If the owner of the surface and the then owner
or lessee of such mineral deposits shall be unable to agree upon a fanvaluation for the surface so acquired, such valuation shall be deter­
mined by three arbitrators, one to be appointed, in writing, a copy to be
served on the other party by the owner of the surface, one in like
manner by the owner or lessee of the mineral deposits, and the third
to be chosen by the two so appointed ; and in case the two arbitrators
so appointed should be unable to agree upon a third arbitrator within
30 days, then and in that event, upon the application of either in­
terested party, the United States district juoge in the district within
which said land is located shall appoint the third arbitrator : Provided
That the owner of such mineral deposits or lessee thereof shall have the
right of entry upon the surface so to be acquired for mining purposes
immediately after the failure of the parties to agree upon a fair valua­
tion and tiie appointment, as above provided, of an arbitrator by the
said owner or lessee.
S ec . 4. That upon the expiration of two years after the lands have
been first offered for sale the Secretary of the Interior, under rules
and regulations to be prescribed by him, shall cause to be sold to the
highest bidder for cash the surface ot any lands remaining unsold and
of any surface lands forfeited by reason of nonpayment of any part of
the purchase price, without regard to the appraised value thereofProvided, That the Secretary ot the Interior is authorized to sell at
not less than the appraised value to the McAlester Count rv Club of
McAlester, Okla., the surface of not to exceed 1 60 a c re s 'in section
17, township 5 north, range 15 e a st: Provided further, That the mineral
underlying the surface ot the lands condemned for the State peniten­
tiary at McAlester, Okla.. under the Indian appropriation act approved
March 3. 1909, shall be subject to condemnation, under the laws of the
State of Oklahoma, for State penitentiary purposes: And provided fur­
ther, That said mineral shall not be mined for other than State peni­
tentiary purposes.
S ec . 5. That the sales herein provided for shall be at public auction
under rules and regulations and upon terms to be prescribed by the
Secretary of the Interior, except that no payment shall be deferred
longer than two years after the sale is made.
All agricultural lands
shall be sold in tracts not to exceed 160 acres, and deeds shall not be
issued to any one person for more than 160 acres of agricultural land
grazing lands in tracts not to exceed 640 acres, and lands especially

1 ) 4(5
5

CONGRESSIONAL RECORD— SENATE.

valuable by reason of proximity to towns or cities may, in the discre­
tion of the Secretary of the Interior, be sold in lots or tracts containing
not less than 1 acre each. All deferred payments shall bear interest at
5 per cent per annum, and if default be made in any payment when
due all rights of the purchaser thereunder shall, at the discretion of
the Secretary of the Interior, cease and the lands shall be taken pos­
session of by him for the benefit of the two nations, and the money
paid as the purchase price of such lands shall be forfeited to the Choc­
taw and Chickasaw Tribes of Indians.
S ec 6. That if the mining trustees of the Choctaw and Chickasaw
Nations and the three appraisers herein provided for, or a majority of
the said trustees and appraisers, shall find that such tract or tracts
can not be profitably mined for coal or asphalt and can be more ad­
vantageously disposed of by selling the surface and the coal and asphalt
together, such tract or tracts may be sold in that manner, in the dis­
cretion of the Secretary of the interior, and patents issued for said
lands as provided by existing laws : Provided, That this section snail
not apply to land now leased for the purpose of mining coal or asphalt
Within the segregated and reserved area herein described.
S ec . 7 That when full purchase price for any property sold herein
is_ paid, the chief executives of the two tribes shall execute and deliver,
with the approval of the Secretary of the Interior, to each purchaser
an appropriate patent or instrument of conveyance conveying to the
purchaser the property so sold, and all conveyances made under this
act shall convey the fee in the land with reservation to the Choctaw
and Chickasaw Tribes of Indians of the coal and asphalt in such land,
and shall contain a clause or clauses reciting and containing the res­
ervations, restrictions, covenants, and conditions under which the said
property was sold, as herein provided, and said conveyances shall spe­
cifically provide that the reservations, restrictions, covenants, and con­
ditions therein contained shall run with the land and bind the grantees,
successors, representatives, and assigns of the purchaser of the surface:
Provided, That the purchaser of the surface of any coal or asphalt land
shall have the right at any time before final payment is due to pay the
full purchase price on the surface of said coal or asphalt land, with
accrued interest, and shall thereupon be entitled, to patent therefor, as
herein provided.
S ec . 8. That there is hereby appropriated, out of any moneys in the
Treasury not otherwise appropriated belonging to the Choctaw and
Chickasaw Tribes of Indians, the sum of $50,000 to pay expenses of
the classification, appraisement, and sales herein provided for, and the
proceeds received from the sales of lands hereunder shall be paid into
the Treasury of the United States to the credit of the Choctaws andChickasaws and disposed of in accordance with section 17 of an £ftt
entitled “ An act to provide for the final disposition of the affairs of
the Five Civilized Tribes in Indian Territory, and for other purposes,”
approved April 26, 1906, and the Indian appropriation act approved
March 3, 1911.
»
*
.
S e c . 9, That the Secretary of the Interior be, and he is hereby, au­
thorized to prescribe such rules, regulations, terms, and conditions not
inconsistent with this act as he may deem necessary to carry out its
provisions, including the establishment of an office during the sale ot
this land at McAlester, Pittsburg County, Okla.
M r. O W E N su b seq u en tly s a i d : I m o ve tlia t th e S en a te con­
cu r in the a m en d m en t o f th e H o u se to th e am en d m e n t o f the
S e n a te to th e bill ( H . It. 1 4 0 5 5 ) to p rovid e fo r th e sa le o f the
s u r fa c e o f the segreg ated coal an d a sp h a lt lan d s o f th e C h o cta w
a n d C h ic k a sa w N a tio n s, an d fo r oth er purposes.
M r. H E Y B U R N .
I d esire to w ith d ra w m y o b jection to c o n ­
currence in th e am en d m en t.
T h e P R E S I D E N T pro tem pore. T h e S en a to r fr o m O k la h o m a
m o v e s th a t the S en a te concur in th e a m en d m e n t m a d e b y the
H o u s e o f R e p re se n ta tiv e s to th e a m en d m e n t o f th e S en ate.
T h e m otion w a s agreed to.
SENATOR FROM WISCONSIN.
E le ctio n s, io w hich w as referred S en a te resolution N o. 13(5, p ro ­
v id in g f o r th e in v estig a tio n o f ch a rg es re la tiv e to th e election
o f I saac S tephenson a s S en a to r fro m W isc o n sin , I su b m it a
rep ort (N o . 3 4 0 ) .
I w ill say th a t it is a m a jo r ity report.
T h e re w ill be oil© n am e to ad d to th e m a jo r it y rq&fiibers. T h e
reso lu tion is reported w ith th e testim on y .
T h e P R E S I D E N T pro tem pore. T h e S e n a to r fro m Id a h o
p resen ts a p rivileged report. W h a t is the ggquest o f th e S en ­
a to r in connection w ith it ?
M r. H E Y B U R N .
T h a t it go to the eajghdar, I suppose.
M r. C U L L O M .
L e t the report be read.
T h e P R E S I D E N T pro tem p ore. H ues th e S en a to r d esire to
h av e it p rin ted ?
ja r
M r. H E Y B U R N .
Y e s ; and I ,#esire to h a v e th e rep ort read.
W e could n ot be b e tter em ployed.
T h e P R E S I D E N T pro tem pore.
T h e rep ort w ill be read.
T h e S ecretary read the report, a s f o llo w s :
CHARGES RELATIVE TO THE ELECTION OF ISAAC STEPHENSON.
The Committee on Privileges and Elections, to whom was referred
certain charges preferred by the Legislature of the State of Wiscon­
sin against I saac St e p h e n s o n , a Senator of the United States from the
State of Wisconsin, .with instructions to report to the Senate whether
in the election of,g#tid I saac St e p h e n s o n as a Senator of the United
States from the. citato of Wisconsin there were used or employed
corrupt methods-or practices, have bad the same under consideration
and submit tlie following report:
On August 15, 1911, the Senate adopted the following resolution:
“Resolved. That the Senate Committee on Privileges and Elections
or any subcommittee thereof be authorized and directed to investigate
certain Charges preferred by the Legislature of Wisconsin against I saac
S t e p h e n so n , a Senator of the United States from the State of Wiscon­
sin, and report to the Senate whether in the election of said I saac
S t e p h e n so n as a Senator of the United States from the said State
of Wisconsin there were used or employed corrupt methods or practices;
that said committee or subcommittee be authorized to sit during the
recess of the Senate, to hold its session at such place or places as it
shall deem most convenient for the purposes of the investigation, to




F ebruary 12.

employ stenographers, to send for persons and papers, and to admin­
ister oaths ; and that the expenses of the inquiry shall he paid from
the coptingent fund of the Senate, upon vouchers to he approved by
the chairman of the committee or chairman of the subcommittee.”
Pursuant to the authority given by said resolution the Committee
on Privileges and Elections appointed a subcommittee consisting of
Mr. H e ybi kn (chairman), Mr. S u t h e r l a n d , Mr. B ra dle y , Mr. P a y n t e r ,
and Mr. %> m ere n e , with full powers to investigate said charges.
On January 20, 1912, the subcommittee reported to the full cornmittee as fallows :
IN THE MAWEIi OF THE INVESTIGATION OF THE CHARGES AGAINST ISAAC
STEPHENS®*., A SENATOR OF THE UNITED STATES FROM THE STATE OF
WISCONSIN^
To the honoifyple the Committee on Privileges and Elections of the
United States Senate:
Your subcommittee proceeded pursuant to the terms of its appoint­
ment to investigate the above-mentioned charges, and in pursuance of
said duty met & the city of Washington and, having organized, pro­
ceeded to adopt % plan for holding such investigation.
It was agreed-Jby your subcommittee that the investigation should
commence on Octjlber 2, 1911, at the city of Milwaukee, in the State
of Wisconsin.
-A
Accordingly ,vou$| subcommittee met at the city of Milwaukee on the
above-mentioned date, all parties in interest being present. lion.
Charles E. Littlefigtd, W . E. Black, and H. A. J. Upham, Esqs., ap­
peared as counsel fer Senator S t e p h e n s o n .
The governor anif. the attorney general of the State of Wisconsin
were notified by th feh airm an of your subcommittee of the time and
place of the hearing^ and were invited to indicate to the committee
whether or not they jlesired to he present and participate in any man­
ner in such investig&ion. The governor of Wisconsin, speaking for
the State, informed j# u r subcommittee that no one on behalf of the
State would appear saksuch investigation.
Your subcommittee tfhen proceeded to the examination of witnesses
and documents, whielmexamination occupied 25 days, during which
time 124 witnesses w e ® sworn, 35 affidavits received, and 2,100 pages
of printed testimony taken, which testimony, affidavits, and exhibits
are herewith submitted as a part of the report of your subcommittee.
Your subcommittee hits given the fullest consideration to all the
testimony introduced an|. has considered its weight and effect under
the rules pertaining to t®» investigation and is of the opinion that the
charges preferred against^enator I saac S t e p h e n s o n have not been sus­
tained, and your subcommittee finds that the election of said I saac
St e p h e n s o n as a Senator -*>f the United States from the State of W is­
consin was not procured % corrupt methods or practices in said elec­
tion of I sa ac S t e p h e n s o n .,
W . B. H e y b u r n , Chairman.
G eorge S u t h e r l a n d .
J
W . O. B r a d l e y .
A tlee P qmeren e.
Mr. H e y b u r n , chairman of; the subcommittee, submitted a statement
of his views in support of fhf conclusions reached, and on the request
of members of the committeelYurther consideration of the matter was
postponed to February 3, 19j|L on which date a further postponement
was had to February 10, 1 9 1 ® . with the understanding that any mem­
ber of the committee might fil# a statement of his views to accompany
the final report of the committee, and that a vote might be taken on
tlicit diitG.
On February 10, 1912, the iffemmittee on Privileges and Elections
met in regular session and r e c c e d a statement of the views of Mr.
P omerene ' and Mr. S u t h e r la n d in support of the report of the sub­
committee,, and proceeded to tlieV-consideration of the report of the
|Rtee, together with th<5v, views expressed by the members
.Fpon a full record of the testimony and proceedings in the case.
„ Potion it was ordered thatgghe report of the subcommittee be
ed and that said subcommitteagbe discharged,
hereupon it was ordered that M|S; H ey b u r n be instructed to report
P T action of the committee to the Senate, together with a transcript
F ie
of testimony and of all the proceedifiSjjij; of the subcommittee, including
II
y
a
i'n the whole
v :i j
...
the address of Hon. Charles E. Littlefield before Hia nrlia!a committee
and also the individual views presented by members of the committee’
Leave was given to file a minority repd&t by those dissenting from the
conclusions reached.
Wherefore your committee, having g^ en full consideration to the
law and to the testimony and to all oflth e facts and circumstances
brought to its notice, does find that t1f| charges preferred against
I saac St e p h e n s o n , a Senator of the UnHfg States from the State of
mittee further finds that
the election of said I sa ac S t e p h e n so n a ® f- " — -L - of the — Senator — "
United
States was not procured by corrupt methods^
practices.
W m. P. D il l in g h a m
F. J o h n s t o n .
R obert .T. G a m b l e .
JNCAN U. F’LETCHER.
W. B. H e y b u r n .
ie e P o m e r e n e .
G eo . S u t h e r l a n d .
&0. B r a dle y .
G eorge T. O l iv e r .M r. H E Y B U R N .
M r. P re sid en t, th e S e i^ | o r fr o m K e n tu c k y
[M r . B radley ], w ho is ab sen t fro m th e C h a m b e r, d esires to be
p e rm itte d to sign th e rep ort a s th o u gh b efo re 'tjie filing.
M r. S U T H E R L A N D .
M r. P re sid en t, th e % u a i n d e r o f the
rep ort c o n sists o f th e in d iv id u a l v ie w s o f c e rta im p ie m b e rs o f the
su bcom m ittee.
I su ggest th a t th e re a d in g be f i t t e d and th a t
th e y be p rinted in th e R ecord.
T h e P R E S I D E N T pro tem p ore.
W ith o u t ob je ctfg n , th a t order
w ill be m ade.
V ie w s of M r . H e y bu r n in S u ppo r t of t h e R epo rt of
C o m m it t e e .
T he subcom m ittee h a vin g reported to the w h ole com m itta in favor of
I saac S t e p h e n s o n , I desire to subm it h erew ith the
:ons which
actu a ted me in a rriv in g at that con clu sion :
j u r is d ic t io n .
On August 15, 1911, the United States Senate adopted the%pllowing
resolution:
W
4
5
“ Resolved, That the Senate Committee on Privileges and Eled
any subcommittee thereof be authorized and directed to investig
tain charges preferred by the Legislature of Wisconsin againstWsAAC
S t e p h e n s o n , a Senator of the United States from the State of W%eonsin, and report to the Senate whether in the election of said Huac
St e p h e n s o n as a Senator of the United States from the said S ta t* of
Wisconsin there were used or employed corrupt methods or practic
that said committee or subcommittee be authorized to sit during fS

Februaey

15,1912.

CONGRESSIONAL RECORD— SENATE.
-U

SENATE.
T

hu rsd ay,

February 15, 1912.

T h e S e n a te m e t a t 2 o ’c lo c k p. m .
P r a y e r b y th e C h a p la in , R e v . U ly s s e s G . B . P ie r c e , D . D .
T h e V I C E P R E S I D E N T re s u m e d th e c h a ir .
T h e J o u r n a l o f y e s t e r d a y ’ s p ro c e e d in g s w a s r e a d a n d a p p ro v e d .
F IN D IN G S OF T H E COURT OF C L A IM S .

T h e V I C E P R E S I D E N T la id b e fo r e th e S e n a te c o m m u n ic a ­
tio n s f r o m th e a s s i s t a n t c le rk o f th e C o u r t o f C la im s , tr a n s ­
m it tin g c e rtifie d c o p ie s o f th e fin d in g s o f f a c t a n d c o n c lu s io n s o f
la w file d b y th e c o u r t in th e f o llo w in g c a u s e s :
C e c ile W . K in g , d a u g h te r a n d o n ly c h ild o f S te p h e n M o o r e
W e s t m o r e , o th e r w is e k n o w n a s S te p h e n W e s t -M o o r e , v. U n it e d
S ta t e s ( S . D o c . N o . 3 1 1 ) ;
C h a r le s P . C a m m a c k , L i lli e V . O ld h a m , M a r y B . H a r b in , a n d
P r a n c e s I I . G lo v e r , s o le h e ir s o f M a r y II. C a m m a c k , d e c e a s e d , v.
U n it e d S ta t e s ( S . D o c . N o . 3 1 0 ) ; a n d
T h e T r u s t e e s o f th e M e t h o d is t E p is c o p a l C h u r c h S o u th , o f C e n ­
te r v ille , V a ., v. U n it e d S ta t e s ( S . D o c . N o . SO S).
T h e fo r e g o in g c a u s e s w e r e , w ith th e a c c o m p a n y in g p a p e r s , r e ­
fe r r e d to th e C o m m itt e e on C la im s a n d o r d e r e d to b e p rin te d .
M E S SA G E FROM T H E H O U SE .

A m e s s a g e f r o m th e H o u s e o f R e p r e s e n ta tiv e s , b y J. C . S o u th ,
its C h ie f C le r k , a n n o u n c e d t h a t th e H o u s e h a d p a s s e d th e
b ill ( H . R . 1 6 5 7 1 ) to g iv e e ffe c t to th e c o n v e n tio n b e tw e e n th e
G o v e r n m e n ts o f th e U n it e d S ta t e s , G r e a t B r it a i n , J a p a n , a n d
R u s s ia f o r th e p r e s e r v a tio n a n d p r o te c tio n o f th e f u r s e a ls a n d
sea o tte r w h ic h fr e q u e n t th e w a t e r s o f th e N o r t h P a c ific O c ea n ,
c o n c lu d e d a t W a s h in g t o n , J u ly 7 , 1 9 1 1 , in w h ic h i t re q u e s te d
th e c o n c u r re n c e o f th e S e n a te .
ENROLLED B IL L S SIGNED.

T h e m e s s a g e a ls o a n n o u n c e d t h a t th e S p e a k e r o f th e H a
h a d s ig n e d th e f o llo w in g e n r o lle d b ills , a n d th e y w e r e therejg|)bn
s ig n e d b y th e V ic e P r e s i d e n t :
M'
H . II. SS53. A n a c t f o r th e r e lie f o f J o h n L . B a i r d ; a n d ?
I I. It. 1 4 0 5 5 . A n a c t to p r o v id e f o r th e s a le o f th e s g S fa c e o f
th e s e g r e g a te d c o a l a n d a s p h a lt la n d s o f th e C lq je la w a n d
C h ic k ; is a w N a tio n s , a n d f o r o th e r p u rp o se s.
P E T IT IO N S A N D M E M O R IA L S .

T h e V I C E P R E S I D E N T p r e se n te d a p etition , A>f th e f a c u lt y
o f S w a r t lim o r e C o lle g e , P e n n s y lv a n ia , p r a y i n g f f o r th e r a tific a ­
tio n o f th e p r o p o s e d tr e a tie s o f a r b it r a t io n bjffHveen th e U n it e d
S ta te s , G r e a t B r it a i n , a n d F r a n c e , w h ic h w a s 'o r d e r e d to lie on
th e ta b le .
jgF
M r . C U L L O M p r e se n te d a p e titio n o f fh e T r a d e s a n d L a b o r
Assem bly o f N e w A t h e n s , 111., p r a y in g ? f o r th e e n a c tm e n t o f
legislation to in s u r e to c iv il-s e r v ic e e m p lo y e e s th e ir in h e re n t
Ughts as A m e r ic a n c it iz e n s to fr e e d o m o f sp ee ch a n d th e r ig h t
of petition, w h ic h w a s r e fe r r e d t # th e C o m m itte e on C iv il
Service a n d R e tr e n c h m e n t.
H e a ls o p r e s e n te d p e t itio n s
s u n d r y c itiz e n s o f C h ic a g o ,
I r v in g , B a t a v ia , a n d A u r o r a , a # in th e S ta t e o f I llin o is , p r a y ­
in g f o r th e e n a c tm e n t o f a n i n j f r s t a t e liq u o r la w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r Ijjjfvs b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m i t t e e # ! th e J u d ic ia r y .
H e a ls o p r e se n te d a p o r t io n o f s u n d r y c itiz e n s o f C h ic a g o ,
U h , p r a y in g f o r th e r a tific a tio n o f th e p ro p o se d tr e a tie s o f a r b i­
tr a tio n b e tw e e n th e U u p e d S ta t e s , G r e a t B r ita in , a n d F r a n c e ,
W h ich w a s o r d e r e d t q jn e o n th e ta b le .
M r . B R I S T O W p r e s e n te d a p e titio n o f th e W o m a n ’ s C h r is ­
tia n T e m p e r a n c e IlMnon o f L it t le R iv e r , K a n s ., p r a y in g f o r th e
e n a c tm e n t o f a n y f te r s t a t e liq u o r la w to p r e v e n t th e n u llific a ­
tio n o f S ta t e l i q u # l a w s b y o u ts id e d e a le r s , w h ic h w a s r e fe r re d
to th e C o m m it t a l on th e J u d ic ia r y .
H o a ls o p r e s e n te d a p e titio n o f th e T a b le G r a p e G r o w e r s ’
A s s o c ia tio n o f S a n J o a q u in C o u n ty , C a l., p r a y in g fo r th e p a s s uge o f th e is o -c a lle d B r is t o w b ill, p r o v id in g f o r th e c o n s tr u c ­
tio n o f 1 5 h u g e o c e a n -g o in g s te a m e r s , w h ic h w a s re fe r r e d to th e
C o m m it t e e on I n te r o c e a n ic C a n a ls .
M r. O L I V E R p re se n te d a m e m o r ia l o f S. C . P o tt s P o s t, N o .
o2, D e p a r tm e n t o f P e n n s y lv a n ia , G r a n d A r m y o f th e R e p u b lic ,
o f A lt o o n a , P a ., r e m o n s tr a tin g a g a in s t th e in c o r p o r a tio n o f
tlie G r a n d A r m y o f th e R e p u b lic , w h ic h w a s r e fe r r e d to the
U o iq in itte e on t h e D i s t r i c t o f C o lu m b ia .
H e a ls o p re se n te d a m e m o r ia l o f m e m b e r s o f th e A n c ie n t
O r d e r o f H ib e r n ia n s , o f S c ra n to n , P a ., r e m o n s tr a tin g a g a in s t
H ie ra tific a tio n o f the p ro p o sed tr e a tie s o f a r b it r a t io n b e tw e e n
U ie U n it e d S ta te s , G r e a t B r ita in , a n d F r a n c e , u n le ss a m e n d e d
« « re p o r te d b y th e S e n a te C o m m itte e on F o r e ig n R e la tio n s ,
W h ich w a s o r d e r e d to lie on th e ta b le .
H e a ls o p re se n te d p e titio n s o f L o c a l G r a n g e s N o . 5 3 6 , o f L u ­
z e r n e C o m i t y ; N o . 4 4 4 , o f T r o u g h C r e e k ; N o . GO, o f D a u p h in
X L V I I I -------- 1 3 1




C o u n t y ; N o . 1 3 4 3 , o f H a l i f a x ; N o . 1 3 , o f C e n te r C o u n t y ; a n d
N o . 1 1 2 8 , o f D y s e r t , P a tr o n s o f H u s b a n d r y , a n d o f th e F a n n e r s *
I n s t it u t e o f S a x o n b u r g , a ll in th e S ta t e o f P e n n s y lv a n ia , p r a y ­
in g f o r th e a d o p tio n o f c e r ta in a m e n d m e n ts tn. t h e o le o m a r ­
g a r in e la w , w h ic h w e r e r e fe r r e d to th e C o m m itt e e on A g r i c u l ­
tu re an d F o re stry .
.y
H e a ls o p r e s e n te d p e t itio n s o f th e c o n g r e g a tio n s o f th e U n it e d
E v a n g e lic a l C h u r c h a n d th e F i r s t M e t h o d is t E p is c o p a l C h u r c h
o f F r a n k l i n ; o f th e U n it e d B r e t h r e n C ln ir c h a n d th e T r in it y
W e s l e y a n E p is c o p a l C h u r c h , o f M o u n t J o y ; o f th e M o u n t
W a s h i n g t o n P r e s b y t e r ia n C h u r c h , th e F i r s t P e n te c o s ta l C h u r c h ,
th e M o u n t W a s h i n g t o n M e th o d is t# "E p is c o p a l C h u r c h , a n d th e
M o u n t W a s h i n g t o n B a p t i s t Q iiu rch , o f P i t t s b u r g h ; o f th e
B e th a n y
W e s le y a n
E p is c o p a l C h u r c h ,
th e
O liv e t
B a p t is t
C h u r c h , a n d th e F a i t h R e fq r fn e d C h u r c h , o f L a n c a s t e r ; o f th e
C e n tr a l R e fo r m e d P r e s b y t e r ia n C h u r c h o f A l l e g h e n y ; o f th e
W o m a n ’ s C h r is t ia n T e m p e r a n c e U n io n s o f C r a f t o n , V a n O r m e r ,
a n d M o u n t J o y ; o f tile C h r is tia n E n d e a v o r S o c ie ty o f V a n
O r m e r ; th e W o m a id s - 'U n io n M is s io n a r y A s s o c ia t io n o f P it t s ­
b u r g h ; th e Youngpsfpen’ s C h r is tia n A s s o c ia t io n o f M c K e e s p o r t ;
a n d o f L o c a l G u a f g e N o . S 6 S, P a tr o n s o f H u s b a n d r y , o f T h o m p ­
so n , a ll in th e S ta t e o f P e n n s y lv a n ia , p r a y in g f o r th e e n a c tm e n t
o f a n i n t e r s t ^ p * 'liq u o r la w to p r e v e n t th e n u llific a tio n o f S ta t e
liq u o r h i w s j ® y o u ts id e d e a le r s , w h ic h w e r e r e fe r r e d to th e
C o m m itte j* p m th e J u d ic ia r y .
M r . G A R D N E R p re s e n te d p e t itio n s o f M y s t ic T ie G r a n g e , o f
K e n d u s i c a g ; o f L o ca l G ran ge o f F o r t F a ir fie ld ; an d o f K a ta h d in GUi ugo, o f L a g r a n g e , a ll o f th e P a tr o n s o f H u s b a n d r y ; o f
t h e Jgign gregation s o f th e C o n g r e g a tio n a l C h u r c h o f C a la is a n d
ih £ P in e S tr e e t B a p t i s t C h u r c h , o f L e w i s t o n ; a n d o f th e
W o m a n ’s C h r is tia n T e m p e r a n c e U n io n s o f I la y m o n , U n io n ,
a c h ia s , a n d C h e r r y fie ld , a ll in th e S ta te o f M a in e , p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r l a w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r l a w s b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m itt e e on th e J u d ic ia r y .
M r . H I T C H C O C K p r e s e n te d a m e m o r ia l o f s u n d r y c itiz e n s
o f B la i r , N e b r ., r e m o n s tr a tin g a g a in s t t h e e x te n s io n o f th e
p a r c e l-p o s t s y s t e m b e y o n d it s p r e s e n t lim it a tio n s , w h ic h w a s
r e fe r r e d to th e C o m m itt e e on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p r e s e n te d p e titio n s o f m e m b e r s o f th e N e b r a s k a
N a t io n a l G u a r d , re s id e n ts o f B e a v e r C it y a n d B l a i r , in th e
S t a t e o f N e b r a s k a , p r a y in g f o r th e e n a c tm e n t o f le g is la tio n to
r e g u la te th e p a y o f th e O r g a n iz e d M ili t ia , w h ic h w e r e r e fe r r e d
to th e C o m m itt e e o n M i li t a r y A ff a ir s .
H e a ls o p r e s e n te d r e s o lu t io n s a d o p te d b y t h e C o m m e r c ia l
C lu b o f O m a h a , N e b r ., a n d r e s o lu tio n s a d o p te d b y th e C o m m e r ­
c ia l C lu b o f B e a t r ic e , N e b r ., f a v o r in g th e e n a c tm e n t o f le g is la ­
tio n g r a n t in g to a lie n s f u l l in f o r m a t io n r e la t in g to in d u s tr ia l
o p p o r tu n itie s in N e b r a s k a a n d o th e r W e s t e r n S ta t e s , w h ic h
w e r e r e fe r r e d to th e C o m m itt e e on A g r ic u lt u r e a n d F o r e s t r y .
H e a ls o p r e s e n te d a m e m o r ia l o f m e m b e r s o f th e L in c o ln
C lu b o f B r o o k ly n , N . Y ., r e m o n s tr a tin g a g a in s t th e r a tific a tio n
o f th e p r o p o s e d t r e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d
S ta te s , G r e a t B r it a i n , a n d F r a n c e , w h ic h w a s o r d e r e d to lie on
th e ta b le .
M r . K E R N p re s e n te d p e titio n s o f th e c o n g r e g a tio n s o f th e
c h u r c h e s o f W a r r e n , M a r io n , a n d R ic h m o n d , a n d o f s u n d r y
c it iz e n s o f N o r t h V e r n o n , a ll in th e S ta t e o f I n d ia n a , p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r la w s b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m itte e on th e J u d ic ia r y .
H e a ls o p re s e n te d a p e titio n o f m e m b e r s o f th e P r o g r e s s C lu b
o f S o u th B e n d , In d ., a n d a p e titio n o f m e m b e r s o f th e W o m a n ’ s
C lu b o f M is h a w a k a , In d ., p r a y in g t h a t a n in v e s t ig a tio n b e m a d e
in to th e c o n d itio n o f d a ir y p r o d u c ts f o r th e p r e v e n tio n a n d
s p r e a d o f tu b e r c u lo s is , w h ic h w e r e r e fe r r e d to th e C o m m itt e e
on A g r ic u lt u r e a n d F o r e s t r y .
H e a ls o p r e s e n te d a p e titio n o f L o c a l G r a n g e , P a t r o n s o f
H u s b a n d r y , o f C o lu m b u s , In d ., a n d a p e titio n o f s u n d r y c it iz e n s
o f S e y m o u r , In d ., p r a y in g f o r th e e s ta b lis h m e n t o f a p a r c e l-p o s t
s y s te m , w h ic h w e r e r e fe r r e d to th e C o m m itte e oil P o s t O ffices
and P o st R oad s.
H e a ls o p re s e n te d a m e m o r ia l o f th e T r a v e le r s ’ P r o te c tiv e A s ­
s o c ia tio n o f N e w A lb a n y , I n d ., r e m o n s tr a tin g a g a in s t th e e s ta b ­
lis h m e n t o f a p a r c e l-p o s t s y s te m , w h ic h w a s r e fe r r e d to th e
C o m m itt e e on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p re s e n te d p e titio n s o f m e m b e r s o f th e F le u r -d e -lis
C lu b o f M i t c h e l l ; o f th e M e t h o d is t M in is t e r s ’ A s s o c ia t io n o f
I n d i a n a p o lis ; a n d o f s u n d r y c itiz e n s o f N e w P a r is , a ll in th e
S t a t e o f I n d ia n a , p r a y in g f o r th e ra tific a tio n o f t h e p r o p o s e d
tr e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d S ta te s , G r e a t B r it a i n ,
a n d F r a n c e , w h ic h w e r e o r d e r e d to lie on th e ta b le .
H e a ls o p r e s e n te d a p e titio n o f W a d s w o r t h P o s t, N o . 1 2 7 ,
D e p a r tm e n t o f I n d ia n a , G r a n d A r m y o f th e R e p u b lic , o f F r a n k ­
lin , I n d ., p r a y in g f o r th e e n a c tm e n t o f le g is la tio n p r o p o s in g to

2078




CONGRESSIONAL RECORD— SENATE.

F ebruary 15,

1912.

COXG RESSIOXAL RECORD— SEXATE.

B u r k e , I d a h o , F e b r u a r y 1, 1012.
Senator B o r a h ,
W ashington, D. C .:
We, the undersigned committee, were appointed at the last regular
meeting of Burke M iners’ Union, No. 10, of the W estern Federation of
Miners, to draft resolutions opposing the reduction o f the tariff on lead
and zinc, believing said reduction would be detrimental to the best in­
terests of the men employed in the mining industry.
Owing to the
present conditions prevailing throughout the country, we believe the
proposed reduction would have a very injurious effect, and we trust you
w ill use your best efforts to oppose it. Thanking you in advance for
your efforts, we remain,
P . S. D u m b o l t o n .
J£ost respectfully,
M ar k M cK en na.
1
C. V. S m u t s .
M r . GSSl L I N G E R p r e se n te d a p e titio n o f s u n d r y c itiz e n s o f
L
B r e n tw o b d , N . H ., p r a y in g f o r tlie e n a c tm e n t o f a n in t e r s ta t e
liq u o r ia W to p r e v e n t th e n u llific a t io n o f S t a t e liq u o r l a w s b y
o u ts id e d e a le r s , w h ic h w a s r e fe r r e d to th e C o m m itt e e o n th e
J u d ic ia r y . i
H e a ls o p r e se n te d a p e titio n o f th e C o n n e c tic u t A v e n u e C it i­
z e n s ’ A s s o c ia tio n , o f W a s h in g t o n , D . C ., p r a y in g f o r th e p a s s a g e
o f th e so-Ciilled p u b lic -u tilitie s b ill, w h ic h w a s o r d e r e d to lie
on th e ta b le .;
T ilts E M E R G E N C Y H O S P IT A L

( S . DOC. NO. 3 0 0 ) .

M r . G A L L I $ J G E R . M r . P r e s id e n t, I p re se n t th e re p o r t o f th e
c o m m itte e on fh ib lic h e a lth o f t h e -W a s h in g t o n C h a m b e r o f C o m ­
m e r c e in f a v o r o f c o n tin u in g t h e E m e r g e n c y H o s p it a l a n d g r a n t ­
in g a n a p p r o p r ia tio n t o w a r d t h # c o n str u c tio n o f a n e w b u ild in g .
I m o v e t h a t th e p a p e r b e p r in te d a s a p u b lic d o c u m e n t a n d
r e fe r r e d to th e C o m m itt e e on A p p r o p r ia tio n s .
T h e m o tio n w a s a g r e e d to . £
REPORTS

oh

C O M M IT T E E S .

M r . W A R R E N , -from th e C o m m it t e e on M ili t a r y A f f a ir s , to
w h ic h w a s re fe rre q L th e b ill A S . 3 8 7 3 ) f o r th e r e lie f o f L e w is F .
W a l s h , re p o r te d it p 'it h o u t jp m e n d m e n t a n d s u b m itte d a r e p o r t
( N o . 3 5 7 ) th e re o n . >
M r. B R I S T O W , t o m
th e C o m m itt e e on C la im s , to w h ic h
w a s re fe r r e d th e b ill ( S 4 :4 3 1 9 ) f o r th e r e lie f o f J o h n S c h n o o r,
s u b m itte d a n a d v e r s e r e p o r t ( N o . 3 5 8 ) th e r e o n , w h ic h w a s
a g r e e d to a n d th e b i l l -w p s p o s tp o n e d in d e fin ite ly .
M r . D U P O N T ( f o S § M r . B r i g g s ) , f r o m th e C o m m itt e e on
M i li t a r y A f f a i r s , to w a tc h w a s r e fe r r e d th e b ill ( S . 4 7 7 8 ) to
c o r r e c t t h e m ilit a r y re c o rd o f J o h n T . H a in e s , re p o r te d it w i t h ­
o u t a m e n d m e n t a n d ^ b f c i t t e d a r e p o r t ( N o . 3 5 9 ) th e re o n .
l i e a ls o , f r o m t l i a f s a f c e c o m m it te e , to w h ic h w a s r e fe r r e d
th e b ill ( S . 1 3 3 7 ) a | lth o M zin g th e P r e s id e n t to n o m in a t e a n d ,
b y a n d w it h th e a d v ic e % in d c o n se n t o f th e S e n a te , a p p o in t
L lo y d L . It. K r e b s , d a t e a ^cap tain in th e M e d ic a l C o r p s o f th e
U n it e d S t a t e s A r r a y , a m aV>r in t h e M e d ic a l C o r p s on th e r e ­
tir e d lis t, a n d in c r e a s in g t h e r e tir e d lis t b y o n e f o r th e p u r p o s e s
o f th is a c t, re p o r te d it w i ® o u t a m e n d m e n t a n d s u b m itte d a
re p o r t ( N o . 3 6 0 ) th e r e o n .
M r . N E L S O N , f r o m th e C o m m itt e e on P u b lic L a n d s , to w h ic h
W a s r e fe r r e d t h $ b ill ( I I . R * 9 S 4 5 ) to a u t h o r iz e th e s a le o f
b u r n t tim b e r o $ th e p u b lic \ a n d s , a n d f o r o t h e r p u rp o se s,
re p o r te d it w ith o u t am en d m eiljt a n d s u b m itte d a r e p o r t (N o .
H61) th e r e o n . W
M r . L O D G I& f r o m th e C o m m itt e e on th e P h ilip p in e s , to
w h ic h w a s r e fe r r e d th e b ill ( S . 4 % !9 ) to a m e n d a n a c t a p p ro v e d
J n ly 1 , 1 9 0 2 E h n title d “ A n a c t t< % ip o ra rily to p r o v id e fo r th e
|
a d m in is tr a tio n o f th e a f f a ir s o f cifcjl g o v e r n m e n t in th e P h ilip ­
p in e Is la n d s,,ta n d f o r o th e r p u r p o s e d ’ re p o r te d it w ith a n a m e n d ­
m e n t a n d s u b m itte d a re p o r t ( N o . 3 * 2 ) th e reo n .
M r . J O N E S , f r o m th e C o m m i t t e e % n P u b lic L a n d s , to w h ic h
'v a s r e fe r r e d th e b ill ( S . 2 1 9 4 ) to :* n e n d se c tio n 2 2 8 S o f th e
- - r e la t in g to h o m e s te a d
R e v-1_e d S & t'u t' e s o f th e - -n it e d - S t: *
is ’
U a n d s u b m itte d a re p o rt
e n tr ie s , r e p o r te d it w it h a n a m e n d m e i
( N o . 3 6 3 ^ th e r e o n .
C o m m e rc e , to w h ic h
M r . I ’ r e R K lN S , f r o m t h e C o m m itte e
th e m e a c h w ith o u t
W ere r e fe r r e d th e f o llo w in g b ills , re p o r

amendnjbnt

a n d s u b m itte d r e p o r ts
S. 5 0 t 2 . a b ill to e s ta b lis h a f o g
te rs a p p o i n t L o m a L ig h t S ta t io n ,
364) ; L u l
S. 5 0 7 4 . A b ill to a u t h o r iz e th e
tm ra L i g h t S ta t io n , C a l., in c lu d in g
d w e llin g ( R e p t . N o . 3 6 5 ) .

th e n
sign
San
im p ro v e r
a f o g si

d a d d itio n a l q u a r o, C a l. ( R e p t. N o .
o f S a n ta B a r ,11 a n d a k e e p e r’ s

B IL L S INTRODUCED.

b y u n a n im o u s
B ills w e r e in tro d u c e d , r e a d t h e first tim e , an
c o n se n t, th e secon d tim e , a n d r e fe r r e d a s lo llo w
B y M r. B O U R N E :
to th e C oiu A b ill ( S . 5334 ) to r e g u la te ra d io c o m m u n ic a tio n
m it te e o n C o m m e rc e .
B y M r. D U P O N T :
A b ill ( S . 5 3 3 5 ) g r a n t in g a n in c r e a se o f p e n sio n
M a u l l ; to th e C o m m itt e e on P e n sio n s.




to J a m e s

2079

B y M r. C U L L O M :
A,,_bill ( S . 5 3 3 6 ) f o r th e r e lie f o f W i l l i a m A b b o t a n d o t h e r s ;
to th e . C o m m itt e e on C la im s .
B y M ¥. .S T E P H E N S O N :
A b ill ( $ U & 3 3 7 ) g r a n t in g a n in c r e a s e o f p e n sio n to W i l l i a m
A . M c L e a n ( w M i .a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e on
P e n s io n s .
’ ’ n ,,.
B y M r. O L I V E R :
'
A b ill ( S . 5 3 3 8 ) to c o r r e c fb t^ e r e la t iv e a n d lin e a l r a n k o f a n
officer o f th e U n it e d S t a t e s A r m y p t o th e C o m m itt e e on M ili t a r y
A ffa ir s .
^
B y M r. M c C U M B E R :
A b ill ( S . 5 3 3 9 ) g r a n t in g a n in c r e a s e o f peubgion to H u g h M c ­
L a u g h lin ;
A b ill ( S . 5 3 4 0 ) g r a n t in g a n in c r e a s e o f p en sion '’’!*^ J a m e s L .
G r a n t ; and
A b ill ( S . 5 3 4 1 ) g r a n t in g a p e n s io n to A r t h u r W . S. M a w
( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e o n P e n s i o n s /* '.;
B y M r. G U G G E N H E I M :
A b ill ( S . 5 3 4 2 ) t o a m e n d a n a c t a p p r o v e d F e b r u a r y 1 9 , 1 9 0 9 ,
e n tit le d “ A n a c t to p r o v id e f o r a n e n la r g e d h o m e s te a d ” ( w i t h
a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e on ..P u b lic L a n d s .
X v ^ b ill ( S . 5 3 4 3 ) a m e n d in g a n a c t a p p r o p r ia t in g th e re c e ip ts
f r o m th e s a le a n d d is p o s a l o f p u b lic la n d s in c e r t a in S t a t e s a n d
T e r r i t o r ie s a n d th e c o n s tr u c tio n o f ir r ig a tio n w o r k s f o r th e
r e c la m a t io n o f a r id l a n d s ; to th e C o m m itt e e on I r r ig a t io n a n d
R e c la m a tio n o f A r i d L a n d s .
A b ill ( S . 5 3 4 4 ) a u t h o r iz in g th e S e c r e ta r y o f th e In te r io r to
r e m o v e r e s tr ic t io n s f r o m th e a llo t m e n t o f E v a M a y P e e r y ; to
th e C o m m itte e on I n d i a n A f f a ir s .
A b ill ( S . 5 3 4 5 ) f o r th e r e lie f o f th e h e ir s o f M a h a ly F ie ld s ,
d e c e a s e d ( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e o n
C la im s .

y

B y M r . P E X U < >SU :
A b ill ( S . 5 3 4 6 ) g r a n t in g a n in c r e a s e o f p e n sio n to M a t t h e w
M c G o ld r i c k ; to t h e C o m m itt e e o n P e n s io n s .
G EN ER AL SERVICE P E N S IO N S .

M r. W O R K ik
I s u b m it a n a m e n d m e n t in te n d e d to be o ffe r e d
b y m e to th e otU ( H . R . 1 ) g r a n t in g a s e r v ic e p e n s io n to c e r ­
ta in d e fin e d vetfim ins o f th e C iv il W a r find th e W a r w ith
M e x ic o , a s a m e n d e d
I t is in p a r t a c o p y o f w h a t is k n o w n
a s th e S h e r w o o d p e n m e n b ill, w ith s o m e a d d itio n s o f m y o w n . y
I m o v e t h a t t h e p r o p o s a l a m e n d m e n t b e p r in t e d a n d lie o n t h e ­
ta ble.
T h e m o tio n w a s a g r e e d 1
IM P R O V E M E N T O F ^ U C H E S N E RIVER, U T A H .

M r . S M O O T s u b m itte d a n I k n e n d m e n t p r o p o s in gy ee r a p p r o ­
p r ia te $ 2,000 to c o m p le te th e w o r a .o f s tr e n g th e n in g tlffe D u c h e s n e
R iv e r w ith in th e lim it s o f th e (Aw n s ite o f D u c h e s n e , in th e
S t a t e o f U t a h , in te n d e d to b e prfcapsed b y h im y to th e In d ia n
a p p r o p r ia tio n b ill, w h ic h w a s r e f u t e d to tu g ' C o m m itt e e on
I n d i a n A f f a i r s a n d o r d e r e d to b e p riiffe d .
j?
m.
RE CE IPTS FROM FOREST R l f c g Y E S .

M r . G U G G E N H E I M s u b m itte d a n a g $ o § k n e n t p r o p o s in g t h a t
h e r e a f t e r 2 5 p e r ce n t o f a ll m o n e y iT h e iv ilL fr o m e a c h f o r e s t
r e s e r v e d u r in g a n y fisc a l y e a r , in c o m in g t l i ^ k e a r e n d in g J u n e
3 0 , 1 9 1 2 , s h a ll b e p a id a t th e e i i ^ l i e r e o f b r W i e S e c r e ta r y o f
th e T r e a s u r y to th e S t a t e o r T e r r i t o r y in w h i< * r t h e re s e r v e is
s itu a te d , e tc ., in te n d e d to b e p ro p o se d b y h im to
a g r ic u lt u r a l
a p p r o p r ia tio n b ill, w h ic h w.8& re fe r r e d to th e ( ^ u n m itte e on
A g r ic u lt u r e a n d F o r e s t r y a w r o r d e r e d to be p rin te d ^
PKOPOSEIlJ^ENSION LEGISLATION.
’r e sid e n t, I h a v e in f o r m a t l m f r o m
M r. M c C U M B E R .
th e r e h a v e a lr e a d y b een r e q u e s t , s e n t
th e d o c u m e n t ro om
aial n u m b e r o f th e r e p o r t on t l i % h i l l
in f o r m o r e th a n t
s e r v ic e p e n sio n to c e r ta in d e fin e d veR n jk ps
( I L It. 1 ) g r a n tin
th e W a r w ith M e x ic o , w h ic h w a s s u b m i t !
o f th e C iv il W a r
y e s te r d a y . I a iu flh e r e fo r e c o n s tr a in e d to m o v e t h a t th e r e s lia l
b e p r in te d 10 ,0 # e x tr a c o p ie s o f th a t re p o r t.
T h e V IC E iP R E S ID E N T .
T h e S e n a to r f r o m N o r t h D a k o t a
a s k s u n a n in w u s c o n s e n t f o r (lie p r in t in g o f 10,000 e x tr a c o p ie s
o f th e r e p o # a c c o m p a n y in g H o u s e b ill N o . 1 .
M r . M c C jrJ M B E R .
T h e S e n a to r f r o m U t a h [ M r . S m o o t ] s u g ­
g e s ts t h a w ! m o d if y th e re q u e s t a n d m a k e it 1 5 ,0 0 0 e x t r a c o p ie s.
I w ill pujc th e re q u e s t in th a t fo r m .
T h e rq p b e in g n o o b je c tio n , th e o r d e r w a s re d u c e d to w r it in g
a n d a y fe e d to , a s f o l l o w s :
Onjfvcrf, T hat 15,000 additional copies of Senate Report No. 355 be
printed for tlse use of the document room.

2080

CONGRESSIONAL RECORD— SENATE

F ebruary 15,

M r. O V E R M A N .
I th in k w e h ad b e tter h av e thcybill read.
The V IC E P R E S ID E N T .
O b je ction is made. T k e Secretary
w ill read th e bill.
f
Ordered, That 1,000 additional copies of the bill (S. 5294) to estab­
T h e S e c re ta ry proceeded to re a d th e b ill a n d jf e a d to lin e 10,
lish in the Bureau of Statistics, in the Department of Agriculture, a
p age 43.
division of markets be printed for the use of the document room.
M r. L O D G E .
M r . P re sid en t, I d esire to in terru p t th e rea d in g
T H E CLASSIFIED CIV IL SERVICE.
f o r a m om en t.
I t b e ca m e n e ce ssa ry to M e a re p rin t o f the
b ill, o w in g to ce rta in e rrors in a m en d m e n ts. T h e rep rin t, the
M r. G A L L I N G E R su b m itte d the fo llo w in g reso lu tion ( S . R e s.
corrected bill, h a s ju s t com e fro m th e P rin ter.
220 ) , w h ich w a s re a d , con sid ered b y u n a n im ou s consent, an d
I ask that corrected copies of the bill may be given to Sen­
a g re e d t o :
DIVISION OF M A R K E TS, AGRICULTURAL DEPARTMENT.

On m otion o f M r. S m i t h o f G e orgia , i t w a s

Resolved, That the Civil Service Commission is hereby directed to
communicate to the Senate, at the earliest practicable day, the number
of persons in the classified civil service in the United States who were
admitted upon examination and the number who were admitted by
Executive proclamation or otherwise than by examination.
A R M Y RETIRED LIST .

ators, because the copies in the files are incorrect.

M r. H E Y B U R N .
T h e n , M r. P re sid en t, I w ith d ra w m y re.quest f o r th e re a d in g o f th e b ill a t )en g th .
T h e P R E S I D I N G O F F I C E R (M r . B r a n d e g e e in th e c h a ir ) .
W ith o u t ob je ction , th e fu r th e r fo r m a l re a d in g o f th e b ill will*
be d isp ensed w ith .
./

M r. L O D G E .
T h e b ill w ilU o e re a d fo r a m en d m e n t, and the
M r. B R I S T O W su b m itte d the fo llo w in g resolu tion ( S . R es.
221 ) , w h ich w a s read, con sid ered b y u n a n im ou s consent, an d co m m itte e am e n d m e n ts w ill hfe first consid ered .
The P R E S ID IN G O F F IC E R .
T h e bill w ill be first rea d fo r
ag re e d t o :
a c tio n on th e co m m itte e a m en d m e n ts.
Resolved, That the Secretary of W ar be, and he is hereby, directed
to report to the Senate—
M r. O V E R M A N .
I wag" go in g to offer an am en d m e n t. I un_
1. The number of officers and enlisted men on the retired list of the
Army, of each rank, and the total amount of yearly compensation paid . d ersta n d th e b ill w ill b e jre a d f o r am en d m e n t, sectio n by sectio n ?
to such officers and enlisted men of each such rank.
M r. L O D G E .
C e rta jm ly ; it w ill be rea d f o r am endment^
2. The number of officers and enlisted men on the retired list of the
rig h t th rou gh .
/
Army, tabulated according to present age, and the total amount of
The P R E S ID IN G O F F IC E R .
I t W i ll be rea d first fo r action
yearly compensation paid to such officers and enlisted men of each such
present age.
on the co m m itte e ^fnend m ents.
And that the Secretary of W ar be further directed to submit to the
M r. O V E R M A N ]
I offer th e fo llo w in g a m en d m e n t to section
Senate an estimate, based on the present authorized strength of the
Army, as to what the total cost for retired pay will he in the year 2 o f th e b ill------ yf
1920 and a similar estimate as to what the total cost for retired pay
M r. L O D G E . / I a sk th a t the corrected b ill m a y be d istrib u te d
will be in the year 1930.
to S en a to rs. J
N A V Y RETIRED L IST .
The P R E S ID IN G O F F IC E R .
T h e corrected b ill w ill be d is ­
M r. B R I S T O W su b m itte d th e fo llo w in g re so lu tion ( S . R es.
trib u ted .
222 ) , w h ich w a s read, co n sid ered b y u n a n im o u s consent, an d
M r. L O D G E .
I u n d ersta n d , u n d er th e a g re e m en t, th a t th e
a g re e d t o :
b ill is t q jo e read fo r am en d m e n ts, th e co m m itte e a m en d m e n ts
Resolved, That the Secretary of the Navy be, and he is hereby, to b e con sid ered first.
directed to report to the Senate—
The P R E S ID IN G O F F IC E R .
T h a t is a s th e C h a ir u n d er­
1. The number of officers and enlisted men on the retired list of the
W ith o u t ob je ction , th e co m m itte e am en d m e n ts w ill be
Navy, of each rank, and the total amount of yearly compensation paid sta n d s.
first co n sid ered . C opies o f th e b ill a r e b ein g d istrib u te d . I s it
to such officers and enlisted men of each such rank.
2. The number of officers and enlisted men on the retired list of the
tlm; req u est th a t th e re p rin t o f th e b ill be re a d , or sim p ly th a t
Navy, tabulated according to present age, and the total amount of
yearly compensation paid to such officers and enlisted men of each such th e co m m itte e am en d m e n ts be read ?
M r. L O D G E .
T h e b ill h a s been p ra c tic a lly re a d th rou gh .
present age.
And that the Secretary of the Navy be further directed to submit
T h e P R E S I D I N G O F F I C E R . T h e fu rth e r re a d in g o f the b ill
to the Senate an estimate, based on the present strength of the Navy,
as to what the total cost of retired pay will be in the year 1920, a n d / w ill be d isp en sed w ith by u n a n im o u s consent.
M r. O V E R M A N .
I th o u gh t th is w a s th e co m m itte e bill.
a similar estimate as to what the total cost for retired pay will be iff
the year 1930.
M r. L O D G E .
I t is th e co m m itte e bill.
H OU SE BILL REFERRED.
f
M r. O V E R M A N .
T h e co m m itte e h a s proposed am en d m e n ts
M
II. R . 165 7 1. A n ac t to g iv e effect to the convention b etw een
in its ow n b ill?
M r. L O D G E .
N o.
T h e b ill was introduced b y th e Senator
th e G o v e rn m e n ts o f th e U n ited S ta te s, G rea t B r ita in , JMpan,
fr o m V e r m o n t [M r . D i l l i n g h a m ] , and th e co m m itte e rep orts
a n d R u ssia fo r th e p re serv a tio n an d p rotection o f the f u r se a ls
b a ck th e b ill w ith su n d ry am en d m en ts.
a n d sea otte r w h ich fre q u e n t th e w a te rs o f th e n o r th /P a c ific
O cean , co ncluded a t W a sh in g to n , J u ly 7, 191 1 , w a s r@ £d tw ice
M r. O V E R M A N . A m e n d m e n ts to th e b ill in trod u ced b y the
S en a to r fro m V e r m o n t?
by its title an d re ferre d to th e C o m m ittee on F o re ig n R e la tio n s .
M r. L O D G E . A m e n d m e n ts to th a t bill.
SH E R M A N A N TIT R U ST L A W .
/
I d e sire to ca ll th e atte n tio n o f th e S e n a te to th e sta te m e n t
The V IC E P R E S ID E N T .
T h e C h a ir la y s b e fo re th e S en a te
on th e first p age o f th e b ill. T h o s e p o rtio n s o f th e bill w hich
S en a te reso lu tion 219, c o m in g o v er fr o m a fo r m e # d ay . I t w ill
are p rin ted in sm a ll c a p ita ls a re ch a n g e s in e x is tin g la w , but
be stated.
a re n ot a m en d m e n ts to the bill a s introd u ced . T h e am en d m e n ts
The S e c r e t a r y .
S en a te reso lu tion 2 1 9 , b y «Mr. R a y n e r , d i­ to th e b ill a s in trod u ced a re p rin ted , a s u su a l, in ita lic s.
rectin g th e J u d ic ia ry C o m m ittee to rep ort to " th e S e n a te w h a t
The P R E S ID IN G O F F IC E R .
T h e S e c re ta ry w ill re p o rt the
ch an ges, i f a n y , it can reco m m en d in th e ."S h erm a n a n titr u st
first co m m itte e a m en d m e n t p rin ted in ita lic s.
la w , etc.
T h e first am en d m e n t w a s, in section 2, p ag e 3, lin e 1 1 , a fte r
M r. R A Y N E R .
I ask th a t th e reso lu tion m a y lie on th e ta b le
th e w ord “ C u b a ,” to in s e rt “ th e B e r m u d a s .”
f o r th e present.
/
M r. L O D G E .
M r. P resid en t, th a t is a m is ta k e w h ich I
The V IC E P R E S ID E N T .
T h e reso lu tion w ill lie on th e ta b le,
th o u g h t h a d been co rrected. I t sh ou ld be “ th e B a h a m a s .”
s u b je c t to th e c a ll o f th e S e n a to r fro m M a ry la n d .
The P R E S ID IN G O F F IC E R .
W it h o u t ob je ction , it w ill be
AD JO U R N M E N T TO .’M ON D AY.

M r. G A L L I N G E R .
M r. P re sid en t, I m o ve th a t w h en
S en a te a d jo u r n s to -d a y it be to m eet on M o n d a y n e x t.
T h e m otion w a s ag re e d to.

the

REGULATION OF IM M IG R A T IO N .

M r. L O D G E .
I m ove to ta k e up th e b ill ( S . 3 1 7 5 ) to regu late
th e im m igra tio n o f a lie n s to an d th e resid en ce o f a lie n s in the
U n ite d S tates.
T h e m otion w a s ag re e d to , and th e S en ate, a s in C o m m ittee
o f th e W h o le , proceeded to co n sid er th e b ill, w h ich h a d been
reported fro m the C o m m ittee on Im m ig ra tio n w ith a m en d m e n ts.
M r. L O D G E .
I a sk th a t the fo r m a l re a d in g o f the b ill, w hich
is a lon g one, be d ispensed w ith , an d th a t th e bill be re a d fo r
am en d m e n t, the co m m ittee a m e n d m e n ts to be con sid ered first.
T h e V IC E P R E S ID E N T .
T h e S en a to r fr o m M a s s a c h u s e tts
a s k s u n a n im ou s consent to dispense w ith the fo r m a l re a d in g o f
th e b ill.
/
M r. H E Y B U R N .
I a sk th a t the b ill be read.
I




ch a n ged to read “ th e B a h a m a s .”
T h e am en d m en t, a s m odified, w a s ag re e d to.
T h e n e x t a m e n d m e n t w a s, in section 2, p ag e 4, lin e 2, a fte r
th e w o rd “ se ctio n ,” to s trik e o u t “ tw e n ty -th re e ” an d in sert
“ fo u r .”
M r. L O D G E .
T h a t is an o th e r m isp rin t. I t sh ou ld be “ tw e n ­
ty -fo u r ,” n ot “ fo u r .”
The P R E S ID IN G O F F IC E R .
W ith o u t ob je ction , th e correc­
tio n w ill be m ad e, a n d th e w o rd “ tw e n ty -fo u r ” w ill be in serted .
T h e a m en d m e n t, a s m odified, w a s ag re e d to.
T h e n e x t am en d m e n t w a s, in section 3, p age 5, lin e 7, a fte r
th e w o rd “ w h ic h ,” to strik e o u t “ m a y a ffe c t ” an d in se rt “ is
lik e ly to im p a ir ” ; in lin e 13, a fte r th e w o rd “ o r ,” to s trik e ou t
“ o f a ll ” an d in se rt “ w h o d isb e liev e in or a re op p osed to ” ; in
lin e 14, b e fo re th e w o rd “ a ll,” to s trik e o u t “ o f ” ; in th e sam e
line, a fte r the w o rd s “ fo r m s o f la w , o r ,” to in se rt “ w h o a d v o ­
ca te ” ; in lin e s 15 and 16, a fte r th e w o rd “ officials,” to strik e
ou t “ p erson s w h o d isb e liev e in or w h o a re op p osed to a ll
orga n ized g o v e r n m e n t” ; on lin e 19, a fte r th e w o rd “ to ,” to

1912,

CONGRESSIONAL RECORD— SENATE

c o m e in to h is p o s s e s s io n .
I f y o u s h a ll go f u r t h e r a n d d ir e c t
h im to p ro c u re in f o r m a t io n , y o u u n d e r ta k e to m a k e in v e s t ig a ­
tio n s t h a t re q u ir e m o r e t h a n a r e q u e s t o f t h e S e n a te .
M r. ItE E D .
M r . P r e s id e n t -------M r. B A C O N .
I y ie ld to th e ju n i o r S e n a to r f r o m M is s o u r i.
M r. R E E D .
I m e r e ly w a n te d to a s k th e S e n a to r a q u e s tio n ,
to g e t h is v ie w s .
I u n d e r s ta n d th e S e n a to r c o n c e d e s th a t, w it h
th e e x c e p tio n o f t h a t p a r t o f th e re s o lu tio n w h ic h p r o v id e s f o r
a n in v e s t ig a tio n in to th e a c tio n o f th e lo c a l a u t h o r itie s , th e
r e s o lu tio n o n ly e m b r a c e s th o s e s u b je c ts w h ic h n o w b y la w it
is m a d e th e d u ty o f th e S e c r e ta r y to in v e s t ig a te a n d re p o r t
u p on .
I th in k w e a g r e e u p on th a t.
M r. B A C O N .
Y e s : so f a r a s I re c o lle c t th e te r m s o f th e
l a w ; I h a v e n o t it b e fo r e m e.
M r. R E E D .
I t b e in g , th e r e fo r e , th e s itu a tio n t h a t b y a la w
o f t h e U n it e d S ta t e s th e p o w e r is v e s te d a n d th e d u ty i s i m ­
p o se d u p on th e S e c r e ta r y o f C o m m e r c e a n d L a b o r to m a k e
th e s e in v e s t ig a tio n s , d o e s t h e S e n a to r h o ld t h a t th e r e is a n y
im p r o p r ie ty w h e n a sp e c ia l m a t t e r a r is e s f o r th e S e n a te to r e ­
q u e s t in a r e s p e c tfu l w a y t h a t a sp e c ia l in v e s t ig a tio n b e m a d e
o f th a t p a r tic u la r m a t t e r a t o n c e ?
H a s n o t t h a t b e e n d on e
o v e r a n d o v e r a g a in b y th e S e n a te ?
M r. B A G O N .
I t m a y be, b u t it d o e s n o t r e s t in m y r e c o lle c ­
tio n .
M r. R E E D .
H a v e n o t r e q u e s ts b e e n m a d e o f th e S e c r e ta r y
o f A g r ic u lt u r e to in v e s t ig a te a n d r e p o r t a n d r e c o m m e n d w ith
r e fe r e n c e to v a r io u s d is e a s e s o f a n i m a ls t h a t w e r e c o n ta g io u s ?
M r. B A C O N .
I th in k n o t, b u t I m a y be m is ta k e n .
I th in k
it w ill be f o u n d t h a t he h a s b e e n a u th o r iz e d o r d ir e c te d b y la w
to m a k e su c h in v e s tig a tio n s .
M r. R E E D .
I th in k it is a c o m m o n p ra c tic e .
B u t i f i t w e re
n o t a c o m m o n p r a c tic e , i f w e w e r e w ith o u t p re c e d e n t, d o e s th e
S e n a to r h o ld th a t th e la w h a v in g im p o se d th e r ig h t u p on th e
S e c r e ta r y o f C o m m e r c e a n d L a b o r to m a k e su c h in v e s t ig a tio n s ,
th e r e is a n y im p r o p r ie ty in th e S e n a te r e q u e s tin g h im to m a k e
a s p e c ia l in v e s t ig a tio n o f a p a r tic u la r m a t t e r w h ic h is n o w b e ­
f o r e th e c o u n tr y a n d p r e s s in g f o r a t te n tio n ?
I s th e r e a n y im ­
p r o p r ie ty in t h a t ?
I g r a n t y o u i f th e m a n d o e s n o t o b e y i t h e
c o u ld p r o b a b ly n o t b e p u n ish e d , b u t is th e r e a n y im p r o p r ie ty
in m a k in g th e r e q u e s t?
M r. B A C O N .
M r . P r e s id e n t, a c c o r d in g to m y v ie w , n e ith e r
th e S e n a te a c tin g s in g ly n o r th e S e n a te a n d H o u s e a c tin g t o ­
g e th e r o u g h t to m a k e a r e q u e s t w h e r e it h a s a r ig h t to m a k e
a com m an d.
I t is th e fu n c tio n o f th e S e n a te a n d o f th e H o u s e
to p a s s la w s .
T h e S e n a te is e n title d to a ll t h e in fo r m a t io n it
n e e d s f o r th e p u r p o se o f e n a b lin g it to p a s s la w s in t e llig e n tly .
F o r t h a t r e a so n , I s a y , i f th e S e n a te sh o u ld se e p r o p e r to h a v e
a n in v e s t ig a tio n m a d e o f c o n d itio n s th e r e , w ith a v i e w to g iv in g
it th e in f o r m a t io n w h ic h it w ill n e ed in th e e n a c tm e n t o f a n y
la w , I c a r e n o t w h e th e r it is a la w w it h in its ju r is d ic t io n w h ic h
a ffe c ts la b o r o r w h e t h e r w e p a s s a la w w h ic h s h a ll r e la te to
c u s to m s d u tie s , in e ith e r c a s e t h e S e n a te h a s a r ig h t, o r th e
tw o H o u s e s a c tin g to g e th e r h a v e a r ig h t, to se t on f o o t su ch
in v e s t ig a tio n s a s w ill g e t in f o r m a t io n w h ic h m a y b e n e ed e d .
B u t I d o in s is t, M r . P r e s id e n t, th a t th e r e is n o p r o p r ie ty , a n d ,
I th in k , n o p r e c e d e n t f o r th e p r o p o s itio n t h a t w*here th e r e is a n
e x is t in g la w u p on th e s ta tu t e b o o k s th e S e n a te s h o u ld p a s s a
r e s o lu tio n re q u e s tin g t h a t a n officer s h a ll do w h a t th e la w r e ­
q u ir e s h im to d o.
O f co u rse , b y jo i n t re s o lu tio n o r b y s ta tu t e ,
i f w e th in k th e officer is n o t p e r fo r m in g h is d u ty , w e c a n r e ­
q u ir e h im to d o i t ; b u t, M r. P r e s id e n t, t h a t is a v e r y d iffe r e n t
th in g f r o m e ith e r th e H o u s e s in g ly o r th e S e n a te s in g ly p r e ­
fe r r in g to h im a r e q u e s t to o b e y th e la w .
I s a y t h a t is m a n i­
f e s t ly im p ro p e r .
I w o u ld b e v e r y g la d i f th e S e n a to r f r o m W a s h in g t o n w o u ld
g iv e u s th e in f o r m a t io n w h e th e r th is is a S e n a te r e s o lu tio n or
a jo i n t r e so lu tio n .
I f it is a S e n a te r e so lu tio n , I re p e a t, it
g o e s b e y o n d th e p o w e r o f th e S e n a te to r e q u e s t a n officer to do
s o m e th in g o u ts id e o f h is o ffic e ; in o th e r w o r d s , to d o m o r e th a n
to g iv e in f o r m a t io n , fu r n is h p a p e r s , a n d so fo r t h .
W e have a
rig h t to re q u e s t a n d d ir e c t h im to d o th a t.
I f i t is a j o in t
r e s o lu tio n , th e n , M r . P r e s id e n t, i t o u g h t to b e p u t in a fo r m
w h e r e it s h a ll h a v e th e e ffe c t o f la w , a n d th e w o r d “ re q u e s t ”
o u g h t n o t to b e in it, b u t th e w o r d “ d ir e c t ” o r th e w o r d “ c o m ­
m a n d ” s h o u ld be in s e r te d .
I f th e in f o r m a t io n is n e e d e d w h ic h
is s o u g h t b y th is re s o lu tio n , th e n i t sh o u ld b e p u t in su c h s h a p e
t h a t w e w o u ld be s u r e to g e t it.
M r. G A L L IN G E R .
M r . P r e s id e n t, th e r e is v e r y im p o r ta n t
b u s in e s s p e n d in g b e fo r e th e S e n a te .
T h i s r e s o lu tio n h a s b een
d is c u s s e d a t g r e a t le n g th , a n d I m o v e to l a y th e r e so lu tio n on
tb e ta b le .
M r. P O I N D E X T E R .
M r . P r e s id e n t-------The V IC E P R E S ID E N T .
T h e S e n a to r f r o m N e w H a m p s h i r e
m o v e s to la y th e r e s o lu tio n on th e ta b le .
I t is n o t a d e b a ta b le
Q uestion.




2501

M r. P O I N D E X T E R .
I d id n o t d e s ir e to d e b a te th a t q u e s ­
tio n ; b u t I d e s ir e to a n s w e r th e q u e s tio n a s k e d m e b y th e S e n ­
a t o r f r o m G e o r g ia .
T he V IC E P R E S ID E N T .
T h e C h a ir r e g r e ts to s a y t h a t
u n d e r th e r u le s o f th e S e n a te t h a t is n o t p e r m is s ib le .
M r. B A C O N .
I h o p e th e S e n a to r f r o m N e w H a m p s h i r e w ill
p e r m it th e S e n a to r f r o m W a s h in g t o n to p ro ce ed .
T he V IC E P R E S ID E N T .
T h e q u e s tio n is on th e m o tio n o f
t h e S e n a to r f r o m N e w H a m p s h i r e to l a y th e r e s o lu tio n on th e
ta b le .
M r. G A L L IN G E R .
I w ill w ith h o ld th e m o tio n so t h a t th e
S e n a to r f r o m W a s h i n g t o n m a y m a k e a b r ie f s ta te m e n t.
M r. P O IN D E X T E R .
M r . P r e s id e n t, th e S e n a to r fr o m G e o r ­
g ia d w e lls o n th e f a c t t h a t th e m ilit ia is a S t a t e fo r c e u n d e r
t h e c o m m a n d o f th e S ta t e .
T h e S e n a to r s h a k e s h is h e ad .
M r. B A C O N .
I c a n n o t h e a r th e S e n a to r .
T h a t is th e re a so n
w h y I sh o o k m y h e a d .
T he V IC E P R E S ID E N T .
T h e S e n a te w i ll p le a s e be in ord er.
M r. P O IN D E X T E R .
I s a y th e S e n a to r f r o m G e o r g ia e m p h a ­
s iz e s th e f a c t t h a t th e m i li t i a o f th e S t a t e o f M a s s a c h u s e t t s is
n o t a F e d e r a l fo r c e , b u t is a n a g e n c y o f th e S ta t e , w ith w h ic h , o f
co u rs e , I a g re e .
B u t i f th e m ilit ia o f th e S ta t e , a c tin g u n d e r th e
a u t h o r it y o f th e S ta te , s h o u ld u n d e r ta k e to s to p a r a ilr o a d
tr a in t h a t w a s p a s s in g th r o u g h t h a t S t a t e in to a n o th e r S ta t e ,
I a p p r e h e n d it w o u ld th e n be in t e r fe r in g w ith a fu n c tio n w h ic h '
th e F e d e r a l G o v e r n m e n t h a s a r ig h t o f c o n tr o l— in t e r s t a t e c o m ­
m e rc e .
M r. B A C O N .
Y e s ; I w o u ld s a y to th e S e n a to r in s u c h a c a s e
th e la w p r e s c r ib e s th e r e m e d y th r o u g h a n a p p e a l to th e c o u r ts ,
a n d n o t to th e le g is la tiv e b r a n c h o f th e G o v e r n m e n t.
M r. P O I N D E X T E R .
I t is f o r th e p u r p o s e o f g a in in g i n f o r ­
m a tio n u p on w h ic h C o n g r e s s m ig h t d o w h a t th e S e n a to r h a s
so f o r c ib ly s a id it h a d th e r ig h t to d o , to c o m m a n d — I a m n o t
w illin g to g o to t h a t le n g th , h o w e v e r — -th e e x e c u tiv e d e p a r tm e n t
o f th e G o v e r n m e n t to p e r fo r m it s d u ty u n d e r th e la w , t h a t th e
r e s o lu tio n is d ir e c te d .
I f in th e p e r fo r m a n c e o f th e re q u e s t
c o n ta in e d in th e r e s o lu tio n it sh o u fd bo d is c lo s e d , a s i t w o u ld
b e d is c lo s e d , t h a t th e m ilit a r y fo r c e o f th e S t a t e o f M a s s a c h u ­
s e tts , th e p o lic e a n d th e m ilit ia , h a d in t e r fe r e d w ith th e fr e e
p a s s a g e o f o r d e r ly a n d la w -a b id in g p e o p le f r o m t h a t S ta t e in to
a n o th e r S ta t e , th e n , a c c o r d in g to th e S e n a to r f r o m G e o r g ia , th e
C o n g r e s s o f th e U n it e d S t a t e s c o u ld in s tr u c t, c o u ld c o m m a n d ,
th e e x e c u tiv e d e p a r tm e n t o f th e G o v e r n m e n t o f th e U n it e d
S t a t e s t o ta k e p ro p e r s te p s in th e c o u r ts , a s h e s a y s , o r o t h e r ­
w is e to se e t h a t in t e r s ta t e c o m m e r c e w a s n o t in t e r fe r e d w ith .
T h e m ilit ia d id n o t sto p a tr a in , b u t th e y s to p p e d a la r g e n u m ­
b e r o f p e o p le w h o d e s ir e d to r id e u p on th e tr a in , w h ic h to t h a t
e x te n t w a s th e s a m e th in g , a n d in p r in c ip le a n d in e ffe c t a s
m u c h a n in te r fe r e n c e w ith in t e r s ta t e c o m m e r c e a s th o u g h th e y
h a d o b s tr u c te d th e p a s s a g e o f th e e n tir e tr a in .
I t is c le a r ly
w ith in th e ju r is d ic t io n o f th e U n it e d S ta t e s G o v e r n m e n t.
T h e S e n a to r s a y s t h a t th e r e s o lu tio n w o u ld be p e r fe c t ly p ro p e r
i f in tro d u c e d f o r th e p u r p o s e o f o b ta in in g in f o r m a t io n to b e
u s e d in th e d is c u s s io n o f t h e t a r if f b ill.
I d o n o t u n d e r s ta n d
t h a t i t is n e c e s s a r y -------M r. B A C O N .
N o ; T h e S e n a to r w ill p a r d o n m e .
I d id n o t
s a y t h a t th is p a r tic u la r f o r m o f r e s o lu tio n w o u ld be su ffic ien t.
I s a id t h a t a re s o lu tio n p u t in th e p ro p e r s h a p e f o r t h a t p u r p o s e
w o u ld b e a ll r ig h t, b u t I n e v e r h a v e s a id — a t le a s t I d o n o t
th in k I d i d ; i f I d id I sp o k e in a d v e r te n tly — t h a t a r e s o lu tio n in
th i s s h a p e , a S e n a te r e s o lu tio n re q u e s tin g a n officer o f th e G o v ­
e r n m e n t to d o t h a t w h ic h th e la w n o w r e q u ire s h im to d o, n o t
in th e w a y o f f u r n is h in g in fo r m a t io n o r p r o d u c in g p a p e r s o r
a n y th in g o f t h a t k in d , w o u ld b e c u r e d b y th e q u e s tio n a s to
th e p a r tic u la r p u rp o s e i t p ro p o se d .
I s im p ly s a id t h a t i f it w a s
d e s ir e d to p ro c u re in fo r m a t io n a s to th e w a g e s o f th e s e s tr ik e r s ,
o r a s to th e n u m b e r o f fo r e ig n e r s , o r a n y o th e r q u e s tio n a f f e c t ­
in g la b o r e n te r in g in to th e m a n u fa c tu r e o f a r tic le s a b o u t w h ic h
w e w e r e to le g is la te in th e w a y o f im p o s in g a ta r if f , t h a t w o u ld
be a le g itim a te s u b je c t o f In q u ir y , a n d t h a t p u t in p r o p e r s h a p e
I w o u ld c e r t a in ly su p p o rt it m y s e lf.
B u t I d o n o t th in k I h a v e
s a id — I c e r ta in ly d id n o t so in te n d to s a y — t h a t a r e s o lu tio n in
t h i s s h a p e w o u ld be g o o d i f in te n d e d f o r t h a t p u rp o s e , b e c a u s e
I d o n o t th in k it w o u ld be g o o d f o r a n y p u r p o s e in th is s h a p e
M r. G A L L IN G E R .
M r . P r e s id e n t-------M r. P O I N D E X T E R .
W i l l th e S e n a to r in d u lg e m e j u s t o n e
m in u t e ?
A s I u n d e r s ta n d it, th e e ffe c t o f t h e a r g u m e n t o f th e
S e n a to r fr o m G e o r g ia is t h a t a t le a s t t h a t p o r tio n o f th e r e s o lu ­
tio n w h ic h c a lls f o r in f o r m a t io n in r e g a r d to th e m illw o r k e r s
in L a w r e n c e , i f p u t in p ro p e r f o r m a n d a d d r e s s e d to th e p ro p e r
official o f th e G o v e r n m e n t, w o u ld b e w ith in th e f u n c tio n s o f th e
S e n a te , w o u ld b e p e r fe c t ly p ro p e r.
M r. B A C O N .
I th in k — :—
M r. P O I N D E X T E R .
T h e r e s u lt o f th a t is th a t th e S e n a te
w o u ld n o t c a ll u p o n a n y officer o f th e G o v e r n m e n t to f u r n is h

f m o rn in g b u sin e ss h a s been co n clu d ed ?
,
T he P R E S ID IN G O F F IC E R .
I t h a s n ot been concluded.
T h e C h a ir w a s a b o u t to la y b e fo re th e S en a te an o th e r re so lu ­
tio n com in g ov er fro m ye ste rd a y .
M r. I I E Y B U R N .
I y ie ld f o r th a t “ impose.
The P R E S ID IN G O F F IC E R .
T h ~ C h a ir la y s b e fo ie the
S en a te a re so lu tion co m in g ov er f r o m 'y e s te r d a y .
T h e S ec re ta ry read tlie re so lu tion ( S . R e s. 2 3 1 ) su b m itted by
M r . P o i n d e x t e r on th e 2Gtli in sta n t, a s f o llo w s :
Resolved, That the Secretary of Commerce and Labor be, and he is
hereby, requested to obtain and report to the Senate, through the Biueau
of Labor, full information concerning the condition of the mi workers
in Lawrence, Mass., and especially those now engaged in stidke, their
wages and conditions of living ; also what aP.P^ximate peicentage of
these employees are subjects of foreign countries, and ol what foreign
countries ; also what action has been taken by the local authoiit
Lawrence to forcibly interfere with the free passage of sa*$ a
Jif*Uhp1.
others from the city of Lawrence and State of Massachusetts to other
States.
M r. C U L B E R S O N . V e r y w ell.
The V IC E P R E S ID E N T .
T h e q u e stio n is on ta b lin g th e reso
lu tio n .
M r. M A R T I N E o f N e w Jersey.
On th a t I a sk fo r th e y e a s
an d n a y s.
T h e y e a s an d n a y s w e re ordered
M r. S I M M O N S . M r . P r e s i d e n t T h e V IC E P R E S ID E N T .
F o r w h a t p u rp ose does th e S en a to r
fr o m N o rth C a rolin a ris e ?
/
M r. S IM M O N S .
I ro se to a sk th e S en a to r fr o m N e w H a m p ­
sh ir e i f he w ou ld n o t w ith d ra w h is m o tion f o r a m o m en t.
/
The V IC E P R E S ID E N T .
T h e y e a s an d n a y s h av e been o r­
dered, and th e S e n a to r fr o m N e w H a m p sh ir e lias insisted ^up on
h is m o tion , w h ich is n ot d eb ata b le.
/
M r. S I M M O N S . I sh ou ld n o t be p reclu d ed fr o m m a k in g m y
req u est on th a t accou n t.
/
T h e V IC E P R E S ID E N T .
T h e S e c re ta ry w ill c a ll/t h e roll.
T h e S e c re ta ry p roceeded to c a ll th e roll.
/
h av e a genM r. C U L L O M (w h e n h is n a m e w a s c a lle d ),
Chixton],
e ra l p air w ith the S en a to r fr o m W e s t V irg in ia
I d o n ot know h ow he w o u ld vo te i f p r e s e n t,, h id I th e re fo re
w ith h o ld m y vote.
/
M r. C R A W F O R D (w h e n M r. Gamble’s n a m e w a s c a lle d ).
I
d e s ir e to sta te th a t m y co lle ag u e [M r . Gamble] is n e ce s s a r ily
a b sen t fr o m th e S en a te on b u sin ess. Har is p aired w'ith th e
ju n io r Sen a to r fr o m A r k a n s a s [M r . D avub].
M r. M c C U M B E R (w h e n h is n a m e wasr c a lle d ). I h a v e a p a ir
w ith th e sen ior S en a to r fro m M ississip p i [Mr. Percy]. H e
b ein g ab sent, I w ill a sk to w ith h o ld njjf vote.
M r. P E N R O S E (w h e n h is n a m e w a jr c a lle d ) . I a m p a ire d w ith
th e ju n io r S en a to r fro m M ississip p i [M r . Williams], and
th e re fo re w ith h o ld m y vote.
/
M r. R A Y N E R (w h e n h is narnA w a s c a lle d ).
I a m p aired
w ith the ju n io r S en a to r from UtjAli [M r . S u t h erl an d ].
M r. R I C H A R D S O N (w h e n ljns n am e w a s c a lle d ).
I h av e a
gen eral p a ir w ith th e ju n io r Sen a to r fr o m S ou th C a ro lin a [M r .
S m it h ]. I th e refo re w ith h o ld m y vote.
M r. B A C O N (w h e n th e name o f M r . Smith o f G e orgia was
c a lle d ).
M y co lleag u e [Mi*. Smith o f G e o r g ia ] is n e c e ssa r ily
d etained fro m th e S e n a te b y p erson a l illn ess.
M r. S T O N E (w h e n h is n am e w a s c a lle d ) .
I h a v e a general
p a ir w ith th e S e n a t o r 'f r o m W y o m in g [M r . Clark ], w h o is
a b sen t fro m th e C h a m b e r.
I tr a n sfe r th a t p a ir to th e S en a to r
fr o m N e v a d a [M r . I^ wlands], an d vote.
I v o te “ n a y .”
M r. S M O O T (w tfen M r . Sutherland’s n a m e w a s c a lle d ).
M y co lle ag u e [M r .,- Sutherland] is n e c e ssa rily a b sen t fr o m th e
c ity . H e h a s a gen era l p a ir w ith th e S en a to r fr o m M a r y la n d
[M r . Rayner]
M r. W A T S O J f (w h e n h is n a m e w a s c a lle d ).
I h av e a gen eral
p a ir w ith th e /s e n io r S e n a to r fr o m N e w J e rse y [M r . B riggs],
an d therefore? w ith h o ld m y vote.
M r. W E I / I O R E .
I d esire to ann ounce th e p a ir o f m y c o l­
le a g u e [Mjf. L ippitt] w ith th e ju n io r S en a to r fr o m T e n n essee
[M r . Lea.I
T h e roll ca ll w a s concluded.
M i'- MuCUM BER.
i tr a n sfe r m y p a ir w ith th e sen ior S en a to r
fro m M ississip p i [M r . Percy] to th e ju n io r S en a to r fr o m I ll i ­
n o is J M r. Lorimer], an d vote.
I vote “ y e a .”
M r. K E N Y O N .
I desire to announce that m y colleague [M r .

(:

C u m m in s ] is necessarily absent from the city.
Air. W A R R E N .
I d esire to sa y th a t m y co lle a g u e [M r . Clark
o f W y o m in g ] is a b sen t on a c cou n t o f illn e ss. H e is p aired
w ith th e sen ior S en a to r fro m M isso u r i [M r . S tone ].
T h e re su lt w a s ann ounced— y e a s 24, n a y s 3 7 , a s f o llo w s :
Bacon
Bailey
Brandegee
Burnham
Crane
Curtis

Dillingham
du Pont
Foster
Gallinger
He.vburn
Lodge

Y E A S— 24.
McCumber
Nixon
Overman
Paynter
Perkins
Root

Borah
Bourne
Bristow
Brown

Bryan
Burton
Chamberlain
Clapp

NAYS— 37.
Clarke, Ark.
Crawford
Culberson
Fletcher




Smoot
Stephenson
Thornton
Tillman
Warren
Wetmore
Gardner
Gronna
Guggenheim
Hitchcock

RECORD— SENATE.
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
Kern
McLean

Martin, Va.
Martine, N. J.
Myers
O’Gorman
Page
Poindexter

E
Pomerene
Reed
Shively
Simmons
Smith, Md.
Smith, Mich.

e b r u a r y

27,

Stone
Swanson
Works

NOT VOTING— 30.
Bankhead
Bradley
Briggs
Chilton
Clark, Wyo.
Cullom
.Cummins
)avis

Dixon
Gamble
Gore
La Follette
Lea
Lippitt
Lorimer
Nelson

Newlands
Oliver
Owens
Penrose
Percy
Rayner
Richardson
Smith, Ga.

Smith, S. C.
Sutherland
Taylor
Townsend
Watson
Williams

So th e S en a te re fu se d to la y th e reso lu tio n on th e tab le.
M r. S M I T H o f M ich ig an .
M r . P re sid en t, I vo te d “ n a y ” beu ise I fa v o r th e a m e n d m e n t o ffe re d b y th e S e n a to r f -om
fexas [M r . Culberson]. I do n o t recogn ize a n y th in g u n u su a l
th e re so lu tion o f th e S en a to r fr o m W a s h in g to n [M r . Pi
e x t e r ] in so f a r a s it a s k s f o r in fo r m a tio n fr o m th e D e p a r t­
m en t o f C o m m e rce a n d L a b o r re g a rd in g lab o r co n d ition s in flic
S ta te o f M a s s a c h u s e tts .
I f a v o r th e a m e n d m e n t o f th e S en a to r
fr o m T e x a s b ecau se I a m u n w illin g to s tig m a tiz e a s inefficient
or im p o ten t o r u n ju s t th e lo c a l officers o f th e go v e rn m en t o f

I

]Mn.sScicliiis0tts.

M r. P O I N D E X T E R .
W i l l th e S en a to r fr o m M ic h ig a n y ie ld
f o r a q u e stio n ?
T he V IC E P R E S ID E N T .
D o c s th e S en a to r f r / m M ic h ig a n
y ie ld to th e S en a to r fr o m W a s h in g to n ?
M r . S M I T H o f M ich ig a n .
C e rta in ly .
M r. P O I N D E X T E R .
T h is in q u iry m ig h t re sh it, i f th e fa c ts
w a rr a n te d , in v in d ic a tin g th o se officers.
I t m u s t n ot n e ce ssa rily
s tig m a tiz e them .
W h e th e r , h ow e ve r, it w o u ld s tig m a tiz e th e m
or n ot w ou ld d epend a lto g e th e r upon tiny c o n d ition s w h ich
e xisted .
M r . S M I T H o f M ich ig a n . M r . P re sid en t, I th in k in th e e x ­
e rcise o f th e p olice p ow ers o f th e S ta te /o f M a s s a c h u s e tts w e
h a v e no c o n stitu tio n a l concern w h a te v e r ' I see no reason in
th e w o rld f o r im p u tin g to th o se officers A ny fa ilu r e to do th e ir
d u ty or fo r v o lu n ta r ily in tru d in g o u rse lv e s in to a c o n trove rsy
so le ly w ith in th e p ow er o f th a t S ta te to rem ed y.
M r. B A I L E Y . M r . P re sid en t, th e re co u ld b e no sufficient
reason f o r th e in trod u ction o f th is /reso lu tion w ith th e la s t
cla u se o f it e lim in a te d , b ecau se I sup pose th a t no S en a to r on
th e floor w ill p reten d to th in k th a t .The la w a s it s ta n d s does
n ot cover a ll o f th e in q u irie s proposed , e xce p t th e la s t one. T h e
S en a to r fr o m W a s h in g to n u n d e rsta n d s th a t a s w ell a s I do,
an d he is too in te llig e n t a S e n a to r /t o a tte m p t a v a in or a use­
le ss th in g.
I w a s im p re sse d by t/ie speech w h ich h e m a d e in
f a v o r o f th is re so lu tion , w ith th e le lie f th a t th e one f a c t w hich
he so u g h t in fo r m a tio n upon w a s
la t th e S ta te o f M a s s a c h u s e tts
h a d fa ile d in h e r d u ty .
I a m o f th e op inion th a t w ith o u t th e la s t c la u se th e S en a to r
fr o m W a s h in g to n w ou ld n ot
a v e in trod u ced th e re so lu tion ,
an d i t w a s fo r th a t reason I vg
to ta b le th e w h o le resolu tion !
U n d o u b te d ly , i f i t is to be pa sed a t a ll, it o u g h t to be p asse d
w ith o u t th e co n clu d in g cla i ;, b e c a u se it w o u ld th en d o no
m o re th a n to d ire ct an oJ fer o f th e G o v e rn m e n t to do w h a t
th e la w n o w m a k e s it h is
to do.
W h ile I a m on m y fe e t,
P re sid e n t, I w a n t to sa y th a t if
I th o u g h t a sovereign S tat o f th is U n io n h a d fa ile d to p e rfo rm
th e d u tie s a ssig n e d to itJ by th e C o n stitu tio n in su ch a w a y
a s to v e s t a j u r i s d i c t i o n /even o f in q u iry , in th e F e d e ra l G ov­
e rn m en t, I w o u ld n e v e r /c o n s e n t to ord er a su b o rd in ate officer
o f a n y d ep a rtm e n t to p ro secu te th a t in q u iry , b u t in stea d , sir, I
w ou ld ra is e a co m m itte e o f th e S en a te o r a jo in t co m m itte e o f
th e tw o H o u s e s and In tru st to th e m an in q u iry o f th a t im ­
p ortan c e an d o f th a t d ig n ity .
M r. C U L B E R S O N . / M r. P re sid en t, I a m n o t in fa v o r o f th is
re so lu tion in its prepent f o r m ; b u t i f th e re so lu tio n is to be
ad o p ted a t a ll— an d t p re su m e it w ill be in som e f o r m — I w a n t
th a t p a r t o f th e reso lu tio n strick e n ou t b y w h ich th e S en a te
o f th e U n ite d S ta te s u n d erta k e s to d ire ct a m in o r officer o f
th is G o ve rn m e n t ip in q u ire in to th e a c ts o f a so v ere ig n S ta te
o f th is U n io n . S q m u c h fo r th a t.
I t h a s b een sa id th a t th e o b je c t o f th e reso lu tio n is d e ­
te rm in ed b y t h / la s t p a ra g ra p h , w h ich I h a v e su gg e ste d , by
m y a m e n d m e n t/ sh a ll be strick en ou t. I do n o t k n ow w h a t th e
o b je c t o f th e .S en a to r fr o m W a s h in g to n is e x ce p t a s I rea d
th e la n g u a g e /e m p lo y e d by h im in th is re so lu tion .
W h a t is
t h a t? T h a t th e S ec re ta ry o f C o m m e rce an d L a b o r s h a ll ob tain
a n d rep ort t^ th e S en a te —
Full information concerning the condition of the mill workers in
Lawrence, Mass., and especially those now engaged in strike— thenwages and Conditions of living ; also what approximate percentage of
these employees are subjects of foreign countries and of what foreign
countries. /
/

at the outset that the question is justiciable and should be submitted
to arbitration.
In the latter case the commission so decides, but in
both cases the subsequent procedure is the same.
M r . P r e s id e n t, I d o m ot th in k i t m a k e s v e r y m u c h d iffe r e n c e
w h a t v ie w w e ta k e o f th i s q u e stio n .
T h e re s o lu tio n o ffe r e d b y
th e V S e n a to r f r o m M a s s a c h u s e t ts [ M r . L o d g e ] i s p e n d in g ' h e re ,
a s s e n tin g th e r ig h ts o f th e S e n a te . I d o n o t b e lie v e th e a d o p tio n
o f th a t r e s o lu tio n is n e c e s a r y in o r d e r to b r in g a d e c is io n o f th e
j o in t h *£h c o m m is s io n b e fo r e t h i s b o d y , b u t th e r e a r e tw o o p in ­
io n s herey O n e o p in io n is to th e e ffe c t t h a t i t is n o t n e c e s s a r y ,
t h a t th e p r e r o g a tiv e s o f th e S e n a te a r e s e c u r e ; th e o th e r , t h a t
it is n e c e s s i t y to h a v e th a t k in d o f a r e s o lu t io n to m a k e th e m
se cu re .
T h e S r e s o lu t io n o f r a tific a tio n o f th e S e n a to r fr o m
M a s s a c h u s e t t s R em oves a ll d o u b t, a n d I do n o t se e w h y th e r e
s h o u ld b e a n y h elH tation in p a s s in g it.
In so m e r e m a r k s S m a d e on a p r io r o c c a sio n I s o u g h t to s h o w
t h a t th e t r e a tie s in >.lie f o r m in w h ic h th e y w e r e d r a w n p r o ­
v id e d t h a t in a n y e v e n k w h e th e r u n d e r a r tic le 1 o r u n d e r a r t i ­
cle 3, it w a s n e c e s s a r y ch a t th e a g r e e m e n ts sh o u ld c o m e h e re .
I t s e e m s to m e t h a t th e pfiiin E n g lis h m a k e s th is c o n c lu s iv e . I t
is s ta te d a t th e e n d o f tllq s o -c a lle d o b je c t io n a b le c la u s e o f
a r tic le 3 :
And if all, or all but one, of t&e members of the commission agree
and report that such difference is w ithin the scope of article 1, it shall
be referred to arbitration in accordance with the provisions of this
treaty.
In a r t ic le 1 th e r e is s e t f o r t h w itfly so m e d e g re e o f e la b o r a tio n
th e m e th o d o f s u b m ittin g a n y q u e srk m to a r b it r a t io n .
I t is,
a m o n g o th e r th in g s , p r o v id e d b y th is a r tic le t h a t th e e x e c u tiv e
h e a d s o f th e tw o c o u n tr ie s s h a ll e n te r iilto a s p e c ia l a g r e e m e n t,
th e t e r m s a n d th e sco p e o f w h ic h s h a ll R e fin e th e c o n tr o v e r s y
a n d th e p ro c e d u r e , a n d s h a ll s p e c ify w h e th e r th e q u e s tio n s h a ll
go to T h e H a g u e o r to a sp e c ia l tr ib u n a l, a n d t h a t th is s p e c ia l
a g r e e m e n t c a n o n ly b e m a d e b y a n d w ith t h \ a d v i c e a n d c o n ­
se n t o f th e S e n a te .
A r t i c le 3 w o u ld be ab soIV d ely in e ffe c tiv e
u n le s s w e r e in fo r c e it w ith th e p ro c e d u r e p ro v id e d in a r tic le 1 ;
in o th e r w o r d s , a n a g r e e m e n t u n d e r a r tic le 3 b y t h i s j o i n t h ig h
c o m m is s io n b r in g s it to th e s a m e p o sitio n w h ic h itN y o u ld h a v e
u n d e r a r tic le 1 , a n d y o u th e n b e g in w it h th e se w ord s
Shall be submitted to the permanent court of arbitration (htablisbec
at The Hague by the convention of October 18, 1907.
\
A n a r g u m e n t w a s b r o u g h t f o r w a r d h e re a m o m e n t a g o V I ^ O o
n o t th in k v e r y s e r io u s ly — t h a t t h i s sp e c ia l a g r e e m e n t c o u fif go
to th e a r b it r a t o r s w ith o u t a n y r e fe r e n c e to th e S e n a t e ^ M r .
P r e s id e n t, a n y o n e w h o w ill c a r e fu lly r e a d t h i s fir s t a r tic le w i
se e t h a t th e r e is n o b a s is w h a te v e r f o r t h a t p o sitio n , b e c a u s e it
is s ta te d in th e c le a r e s t la n g u a g e , “ a s m a y be d e c i ^ u in e a c h
c a s e b y s p e c ia l a g r e e m e n t ” ; t h a t is, w h e th e r it J o e s to T h e
H a g u e o r to a s p e c ia l tr ib u n a l, a n d th is s p e c ia l a g r e e m e n t c a n
o n ly b e m a d e “ b y a n d w ith th e a d v ic e a n d C o n s e n t o f th e
S e n a te .”
I n t h a t c o n n e c tio n it h a s a ls o b e e n a lle g ^ T w ith s o m e w h a t
m o re s e r io u s n e s s t h a t a c o n tr o v e r s y m ig h t JfC p re se n te d b y th e
P r e s id e n t to th e S e n a te , th e S e n a te m i g l i t ^ i j e c t it, a n d th e n it
w o u ld go , w it h o u t f u r t h e r e x e c u tiv e a c tio n , to th is j o i n t h ig h
c o m m is s io n .
T h e la n g u a g e o f th e t r e a t y is c o n c e i v e t h a t su ch is n o t th e
c a s e , f o r it p r o v id e s t h a t th e s u b n /s s i o n to th is c o m m is s io n
m u s t b e m a d e b y th e h e a d s o f tlie V e s p e c t iv e g o v e r n m e n ts — th e
h ig h c o n tr a c t in g p a r tie s , a s t l i e y j f r e te r m e d .
I n th e v e r y p r e ­
a m b le to th e t r e a t y th e r e is t h i s r e x p r e s s io n :
The high contracting parties liage—
T h e n o m itti n g so m e p o r tio n s w h ic h a r e im m a te r ia l—
for that purpose appointed as/U ieir respective plenipotentiaries—
T h e n it g o e s on to e n u op erate—
The President of the Unfted States of America, the Hon. Philander
C. Knox, Secretary of Stafre of the United S ta te s ; and
H is Britannic M a je s t y the Hon. James Bryce, O. M ., ambassador
extraordinary and plenipotentiary at W ashington.
T h i s a f f o r d s a c l ^ i r d e fin itio n o f w h a t is m e a n t b y th e “ h ig h
c o n tr a c tin g p a r th
T h u s , M r . P r u d e n t , it is p e r fe c t ly c le a r to m y m in d t h a t
u n d e r a r tic le 3^ a d e c is io n o f th is j o in t h ig h c o m m is s io n o f in ­
q u ir y b r i n g s ^ , c o n tr o v e r s y to th e s a m e p o sitio n in w h ic h it
w o u ld h av e r b een h a d th e r e b een a n a g r e e m e n t b e tw e e n th e
K i n g o f G ^ a t B r it a i n or h is m in is t e r s on th e on e sid e a n d th e
P r e s i d e i i g o f th e U n it e d S t a t e s a n d h is S e c r e ta r y o f S t a t e on th e
o th e r. /T n th e la t t e r c a s e it is a g r e e d a t th e o u ts e t th a t it is
ju s tio lfib le , w h ile in th e f o r m e r c a s e th e d e c isio n th a t it is
ju s t ic ia b le is r e a c h e d b y th e in te r p o s itio n o f th e c o m m is s io n o f
ij}<juiry.
I n b o th c a s e s th is q u e stio n m u s t g o to th e S e n a te .
I
lis m is s th a t, h o w e v e r, a s u n w o r th y o f f u r th e r a tte n tio n , a n d
b e c a u se f u r t h e r a r g u m e n t is u n n e c e ssa r y , sin c e th e re so lu tio n
o f r a tific a tio n p r o v id e s f o r th e s itu a tio n c r e a te d b y a re p o r t o f
th e c o m m is s io n o f in q u ir y u n d e r a r tic le 3.
B u t it is a lle g e d , M r . P re s id e n t, t h a t t h i s is b u t a n e n te r in g
w e d g e f o r a n a llia n c e w ith G r e a t B r ita in . W i t h a ll d u e re sp e c t




to th o s e w h o m a k e th is a lle g a t io n , it is a c h im e r a , a b a s e le s s
v is io n o f th e im a g in a tio n . T h i s c o u n tr y o f o u r s is n o t g o in g to
e n te r in to e n ta n g lin g a l l i a n c e s ; w e a r e n o t g o in g to d e p a r t f r o m
th e p o lic y o f a h u n d r e d y e a r s , la id d o w n b y th e f a t h e r s o f th&r
R e p u b lic a n d d ic ta te d a n d d e te r m in e d b y e v e r y c o n s i d e r a t i o n ^ !
p u b lic p o lic y .
jr
jF
M r . H I T C H C O C K . M r . P r e s id e n t-------The V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m O jrlo y ie ld
to th e S e n a to r f r o m N e b r a s k a ?
j*
M r. B U R T O N .
C e r t a in ly .
M r. H IT C H C O C K .
I th in k th e . S e n a to r fr o r m O h io h a s f o r ­
g o tte n t h a t h e h i m s e lf h a s b e e n w id e ly q u o te d in th e p u b lic
p r e s s a s b e in g o f th e o p in io n t h a t th is tr e a t y w o u ld p r o b a b ly
le a d to o th e r a g r e e m e n t s b e tw e e n th e U n ij^ d S ta t e s a n d G r e a t
B r i t a i n in th e n a t u r e o f a n a llia n c e .
M r. B U R T O N .
M r . P r e s id e n t, I im itfjg e in w h a t p e r h a p s is
t h e in d is c r e t io n o f p a tr o n iz in g a c lip a m g b u r e a u , a n d I d id see
a p a r a g r a p h to t h a t e ffe c t in a n e w s p a p e r , w h ic h s h a ll b e n a m e ­
le s s , in N e w Y o r k C it y . I t is u n n e c e s s a r y f o r m e to s ta te to th e
S e n a to r f r o m N e b r a s k a t h a t it Jras u tt e r ly w ith o u t a n y f o u n d a ­
tio n , a n d I d id n o t, o f c o u r s ^ u i g n i f y it w ith a n y d e n ia l.
I t is
p o s s ib le t h a t lu c u b r a tio n v ^ T c o p i e d in to s o m e o t h e r n e w s p a p e r ,
b u t I tr u s t it d id n o t g e te fn to th e p a p e r o f w h ic h th e S e n a to r
f r o m N e b r a s k a is th e p ro p r ie to r .
M r . I I I T C H C O C K . ^ T h e p a p e r to w h ic h I re fe r , in w h ic h th e
in t e r v ie w o r i g i n a t e d ^ v a s a p a p e r p u b lis h e d in th e c it y o f C le v e ­
la n d , k n o w n to b q ^ e r y f r ie n d ly to th e S e n a to r f r o m O h io , a n d
o fte n th e m e d iu
in w h ic h h e p u b lis h e s v ie w s on p u b lic q u e s tio n s.
M r. B U R 1
I s h o u ld lik e to k n o w to w h a t p a p e r y o u
re fe r .
M r . H U jjC H C O C K .
I r e fe r to th e C le v e la n d L e a d e r .
I n th e
C le v e la m ^ L e a d e r o f M a r c h 1 1, 1 9 1 1 , S e n a to r B u r t o n is q u o te d
a t c o n q u e r a b le le n g th , a n d , a m o n g o th e r th in g s , h e s a i d :
O f^ o u r s e , that is a separate treaty between two nations, and its
would not be changed directly. However, the making of an arbiion treaty w ith Great Britain probably would lead to a definite ex„r
ession of England’s position and, little by little, to other relations beween the three countries-------M r . B U R T O N . W h a t is t h a t la s t s e n te n c e ?
M r . H I T C H C O C K ( r e a d in g ) :
The three countries—
T h a t is, G r e a t B r it a i n , J a p a n , a n d th e U n it e d S t a t e s —
possibly to an alliance between them. That would do away with any
fear of hostilities between Japan and the United States.
M r. B U R T O N .
T h e la n g u a g e a s u s e d th e r e d o e s n o t in v o lv e
a \ y a llia n c e in th e se n s e in w h ic h th e te r m is u s u a lly e m p lo y e d .
h\ H I T C H C O C K . I t r e a d s “ p o s s ib ly to a n a llia n c e b e tw e e n
th e m
M E V B U R T O N . I b e g th e S e n a to r to ta k e m y a s s u r a n c e th a t I
n e v e r u se d a n y la n g u a g e o f t h a t k in d .
M r. W I L L I A M S .
M r . P r e s id e n t -------T he V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m O h io y ie ld
to th e S e n i o r f r o m M is s is s ip p i?
M r. W I L M A M S .
W i l l th e S e n a to r fr o m O h io y ie ld j u s t f o r
a s u g g e s t i o n ’H ie fe to th is e ffe c t, th a t i f th is tr e a t y w it h G r e a t
B r it a i n b e a n V a llia n c e w ith G r e a t B r it a i n , th e n th e id e n tic a l
tr e a ty w it h F r a n c e w ill be a n a llia n c e w ith F r a n c e ; th e id e n ti­
c a l tr e a ty w i t h V l e r m a n y w ill b e a n a llia n c e w ith G e r m a n y ;
a n d th e id e n tic a K tr e a ty w ith I t a l y w ill b e a n a llia n c e w ith
I t a l y ; a n d w h e n vte g e t th r o u g h th e U n ite d S ta t e s w ill b e in
a llia n c e w ith e v e r y b o d y ?
M r . B U R T O N . I t w o u ld b e v e r y w e ll, I w ill s a y h e re , w h e th e r
so s ta te d in a n e w s p a p e r o r n o t, to h a v e a n a llia n c e , n o t
f o r w a r , n o t f o r offenVe o r a g g r e s s io n , b u t f o r p ea ce .
Som e
la n g u a g e u se d b y S ir B d w a r d G r e y in th e E n g lis h H o u s e o f
C o m m o n s h a s b e e n q u o te X v e r y e x te n s iv e ly to s h o w t h a t h e e x ­
p ec te d a n a llia n c e w ith tn c U n ite d S ta te s .
H i s la n g u a g e h a s
b e e n v e r y m u c h m is u n d e r s to o d .
l i e h a d in v ie w o n ly su ch
a r r a n g e m e n ts a m o n g th e n a tro n s a s w o u ld k e e p th e p ea ce .
M r. R E E D .
M r . P r e s id e n tThe V IC E P R E S ID E N T .
D ^ s th e S e n a to r f r o m O h io y ie ld
\
to th e S e n a to r f r o m M is s o u r i?
M r. B U R T O N .
Y es.
M r . R E E D . W o u ld the S e n a to r \ r o m O h io , u p o n th e s tr e n g th
o f th e s e tr e a tie s , be w illin g to c u t d W n th e m ilit a r y a p p r o p r ia ­
tio n s a n d q u it b u ild in g b a ttle s h ip s ? \
M r. B U R T O N .
I f th e s e tr e a tie s a i \ f o l l o w e d b y o t h e r tr e a ­
t ie s ; yes.
In a m e a s u r e th e y f u r n is h g r o u n d s f o r a b a tin g o u r
m ilit a r y a n d n a v a l p r o g r a m i f th e y a r e V a r r i e d in to e ffe c t b y
th e c o u n tr ie s in te r e s te d . W e c a n n o t a c c o m p lis h e v e r y th in g in
a d a y . T h e S e n a to r f r o m M is s o u r i k n o w s th a t n o o n e h a s b een
m o re s tr e n u o u s th a n I h a v e b een in o p p o s in g X jie a m b itio u s b a t ­
tle s h ip p r o g r a m o f re c e n t y e a r s ; a n d I a m p r o m o tin g th e same
v i e w s in a d v o c a tin g th e a d o p tio n o f th e s e tr e a t if

1

CONGRESSIONAL RECORD— SENATE.

2952

M r. R E E D . D o e s th e S en a to r fr o m O h io th in k th e re is a n y
confidence m a n ife ste d in th em w h en w e are ask e d n ot on ly to
con tin u e ou r m ilita ry a p p ro p riation s, b u t w h en E n glan d , G erm a n y , and F ra n c e a r e e n orm ou sly in c r e a sin g th e ir a r m a m e n ts ?
M r. B U R T O N . O f cou rse n o one can speak f o r th o se w h o are
m a k in g these reco m m e n d atio n s. I , a t le a st, do n o t pretend to do
so.
On th e oth er h an d, w e can n ot a c com p lish in a d ay the
g r e a t re su lts w h ich w o u ld fo llo w fr o m the ge n e ra l ad op tion o f
a p olicy o f a rb itra tio n .
T h e re is no one w h o im a gin e s fo r a
m in u te th a t th e se tr e a tie s a r e go in g to c re a te a n y m illen n iu m
or even b rin g us tp ^ 6 g a te s o f a m illen n iu m o f peace. T h e
m o st th a t w e cpn ^riy is th a t th e y a re th e b e st a rb itration
tre a tie s th a t h a v e Jteen fr a m e d an d th e y m a rk an ad v an ce in the
g r e a t m over
>r p eace an d f o r th e d ecrease o f w a r.
here, M r. P resid en t, th a t th ese tre a tie s arb iI t h a s b*
L o o k a t th e ir w ord in g .
T h e first artjc|e
tr a te
p rovides
ufcfencq
'It has,
lal ins

iLas^of riel'.fc mad*r

MablowrUhefr nature b:
_____ _____ _____________ yy the application of the princi.
la w o r equity, shall be submitted to the Permanent Court of Arbitration
established at The Hague.
U n d e r th e second a r tic le a so m e w h a t w ide r ra n ge o f co n tro­
v e rsies m a y be su b m itted , b ut the finding
th e co m m issio n is
n o t co n clu sive o r binding, and I think.,
Junes w ith vein
g ra c e fo r us, w h o h a v e been ain(m g..fhe fo st prominwrtfTrPTl,
H a g u e convention, * w h o h a v e recornj snded co m m is s io n s ,
ouj£fcJUplop»tic
in q u iry , w h o h a v e recom m ended,
ibi
re p re se n ta tiv e s co m p u lso ry a g ^ flr fH it!
c o n trove rsies to such c o m m iS »W n s?to c< _
_ ___
_
w e sh all be in cu rrin g dangerHby le a v in g a n y co n tro v e rsy to a
c o m m issio n o f in q u iry w hen th e p rovision is p ro te cte d by a con­
d itio n th a t th e finding sh a ll n o t be con clu sive or binding.
M r. P resid en t, I sin ce rely hope th a t th e th ird clau se o f a rtic le
3 w ill n o t be vo te d out, b ecause it is the
th is x h o l c tre a ty .
E y ^ f jr iw a p liW r t r f f f B a e r a l ag re e m en t b e­
t w e e n u l e ’ T'S’WTTfw
resp ective co u n tries th a t a con­
tro v e rsy sh a ll be arb itra ted , it goes to arb itra tio n , su b je ct, o f
course, to the ra tifica tio n o f th e S enate.
Second, th e re is th is
p ro visio n , th a t a n y d isp u te m a y be refCTn^d to a c o m m issio n o f
in q u iry , b u t th a t the decision sh a ll n o t be m if f i n g ; and to th a t
is jo in e d a m o st h e lp fu l condition , th a t on t h e r e q u e s t o f eith er
o f th e p a rtie s th ere m a y be a d e la y o f one y e a r t o g H m t i m e fo r
th a t d elib eratio n w h ich , i f it w ou ld n o t h a v e p r e v e n te a ^ ll^ w a r s ,
w ou ld h a v e preven ted m a n y o f the b loo d iest a n d m o st disas
co n te sts in th e h isto ry o f th e w orld . T h ir d , w h en th ere
d isa g re e m e n t betw een the e x e cu tiv e h e a d s o f th e tw o c o n f i n e s ,
th en th e question m a y be le f t to a co m m issio n o f in q jjify to d e ­
te rm in e w h eth er it is ju stic ia b le . T h a t c o m m is s m jr o f in q u iry
can m a k e no d ec ision th a t h a s a n y gre a te r hireling fo rc e or
san ction th a n w ou ld be tru e in ca se th ere h^mo d isp u te a b ou t
th e ir a rb itra b le q u a lity .
T h e pro visio n £ i » r a co m m issio n , too,
g iv e s th e op p ortu n ity fo r a c o m p a r is c m ^ f v iew s, fo r a rgu m en t,
and fo r d ela y , i f n e ce ssary, fo r th e in terpo sitio n o f d ip lo m a c y to
see i f th e qu estion can be s e t t le jj/a n d th e n th e qu estion is le f t
a g a in to th e S enate.
M r. R E E D .
M r. P resid en tThe V IC E P R E S ID E N T .
D o e s th e S en a to r fr o m O hio y ie ld
fu r th e r to th e S en a to r fr o m M isso u r i?
M r. B U R T O N .
I v e ry m u ch re g re t th a t I h a v e on ly a f e 1
m o m en ts m ore, b u t i f th e qu estion is v e r y b r ie f-------M r. R E E D .
I t is ju s t a b r ie f question.
M r. B U R T O N .
V e r y w ell.
M r. R E E D .
Suppose th a t d u rin g th a t y e a r o f d ela y,
ou r h a n d s a r e ab so lu te ly tied, som e fo re ig n coutntry w a s
f y in g a p osition it h ad ob tain ed in S ou th A m e r ic a , wou]
S en a to r b e w illin g th a t w e sh ou ld h a v e our Jjrands tie d f<
y e a r o f tim e ?
Air. B U R T O N .
O u r h a n d s wtyuld n o t ]$ tied in th e sli
degree.
M r. R E E D .
H o w w ou ld w e a !
M r. B U R T O N . O n e o f th e thingte mtfst c a r e fu lly provd ed
T h e H a g u e con ven tion is th a t th e M la y n e ce ssary f o r a decisl
sh a ll n ot p revent th e m ob ilizatiori\> f troops an d sh a ll n o t p re­
ve n t p re p ara tio n fo r w a r.
hhjthii\g in th e se tr e a tie s fo rb id s
p re p a ra tio n fo r w ar.
T h e S^n ato rV from M isso u r i, I th in k , i f
h e re a d s them , w ill ag ree w i m m e in\the con clu sion th a t it d oes
n o t m e an a n y th in g o f th e
T h e n th e re h a s been a ce rta in a m du n t o f d iscu ssio n h ere in
good f a ith a s to th e rig h ts o f th e s e n a t e .
In e ith e r case,
w h eth er th e qu estion co m es to u s froi^i th e E x e c u tiv e d e p a rt­
m e n t or fr o m th is c o m m issio n o f in q u iry , th e re is a m o ral
ob ligation n o t to r e fu se a rb itra tio n in a\ p ro pe r case.
W e can
n ot ca re lessly or un d er th e d icta te s o f se lfish n ess o r a d isp o si­




March 7.

tion fo r n a tio n a l a g g ra n d ize m e n t r e fu s e to a r b itra te . W e m u s t
e xe rcise good fa ith an d hon or.
T h e le g a l r ig h t d o e s e x is t to
re fu s e to r a t if y an ag re e m en t, w h e th e r it co m es to u s a s the
re su lt o f a finding th a t is ju s tic ia b le und er a r tic le 3 or und er
a r tic le I .
U n d e r e ith e r a r tic le th e r e is a re co gn ition o f th e
f a c t th a t th e S en a te o f th e U n ite d S ta te s is a p a r t o f the
tr e a ty -m a k in g pow er.
B u t th e tr e a ty reco gn izes th e fu rth e r
f a c t th a t th e se a re a r b itra tio n tr e a tie s w h o se p ro v isio n s are
n o t to b e d isrega rd ed .
W e h a v e a lr e a d y en tered in to en gage­
m e n ts o f th e sa m e ch a ra cte r.
I t h a s been said h ere th a t E n g la n d w o u ld b e a t a g r e a t d is­
a d v a n ta g e , a s E n g la n d does n o t h a v e a ch a n ce to re fe r th e
qu estion to a sen ate. I h a v e n o f e a r but. th e E n g lis h G o v e rn ­
m en t
care o f i t s e l f ; b u t th ere is a v e r y su b s ta n tia l
conces^fon n /q Z e h ere to y lh e U n ite d K in g d o m o f G r e a t B r ita in
r e l a j W / in t i n t OfTlf
.umi y r ni~iili j.
i
is re q u ire d as
t ie s ?
esi#
___
„
toOT,
5or n e g o tia tin g an d se cu rin g th e ra tifica tio n o f th e tr e a tie s o f
1 9 0 8 w ith a n u m b er o f n a tio n s. T h e y w e n t to th e h ig h -w a te r
m a rk th a t w a s p ossib le a t th a t t i m e ; th e y m a d e a g re a t a d ­
v a n c e ; but a ll th ose tr e a tie s co n ta in ed c e rtain e xce p tio n s—
1 in terests, ind epend ence, a n d q u e stio n s in which
th e irfferests o f th ird p a rtie s a r e concerned . T w o o f th o se e x ­
p ression s— “ hon or an d v ita l in te r e sts ” — a r e so va g u e , so non.suscafitible o f d e finition th a t so lo n g a s th e y ap p ea r in a tr e a ty
ce rta in ty o f beneficial o r s a lu ta r y re su lts,
lish e s a s ta n d a rd w h ic h is th e o n ly co rre c t one,
a stWTidard’W id e r w h ich a r b itra tio n m a y a ssu m e in cre a sin g im ­
p ortan c e a s peace an d go od w ill in cre a se an d in te r n a tio n a l ju r is ­
p rud ence in clu d es a la r g e r n u m b er o f qu e stio n s, th e sta n d a rd o f
ju s tic ia b ility , o f rig h t b etw een n a tio n a n d n a tio n th e sa m e a s
w o u ld
a rise i f th e tr e a ty m a d e e xce p tio n s o f q u e stio n s o f h on or, v ita l
in terests, an d q u e stio n s in v o lv in g th ird p a rtie s.
E ith e r n ation
m ig h t h id e b ehind th ^ -r a g u e n e s s an d in d efin iten ess o f th o se
w ord s.
T h e w on J »"f> f th e p en d in g tr e a tie s h a v e n o t received
a b so lu te d e fin j# tm — th e S en a te w o u ld h a v e a rig h t to d ecid e
w h eth er a # t f e s t i o n w a s ju s tic ia b le — but th e y a re b a se d on the
rig h t m ^d cip le fo r th e g row th o f p eace a m o n g n a tio n s.
For
t h a U ^ a s o n , M r. P re sid en t, I u rge th e ir ra tifica tio n .
F u rth e r *e, to., r e je c t th ese tr e a tie s to -d a y a n d p la ce o u rse lv es in
h e p osition o f re je c tin g th e ad v a n ce s q f oth er n a tio n s w ou ld
be to p u t o u rse lv e s o u t o f lin e w ith th a t g r e a t m a rc h o f
;r e s s to w a rd a b e tter d a y o f a m ity an d go od w ill, in w h ich
in tftfc^mast w e h a v e b orn e so p ro m in e n t a p art.
The
P R E S ID E N T .
T h e h ou r o f 4 .3 0 o ’clock h a v in g
a rriv e d , t h e q w & t i o n first is upon th e first am en d m e n t to th e
tr e a ty re co m m en d ed b y th e c o m m itte e , w h ic h th e S e c re ta ry
w ill rep ort.
T h e tr e a ty h a s n ot been rea d in fu ll.
I s there
ob je ction to d isp en sin g w ith th e first fo r m a l re a d in g o f the
tr e a ty ?
[ A p a u se .]
T h e C h a ir h e a r s none.
T h e S e c r e t a r y . In th e p rin t o f A u g u s t 5, 1 91 1 , on p age 3,
ne 4 , it is proposed a fte r th e w o rd “ tr ib u n a l” to in s e rt a
co m m a , an d in th e sa m e lin e to s trik e o u t “ m a y ” an d in lieu
th e r e o f to in se rt th e w o rd “ s h a ll,” so th a t i f a m e n d e d it w ill
read:
to some other arbitral tribunal, as shall be decided in each case
V y special agreement'.
T h e V I C E P R E S I D E N T . W it h o u t o b je c tio n th e am en d m e n t
is ag re e d to. T h e S e c re ta ry w ill s ta te th e n e x t am en d m en t.
T h e S e c r e t a r y . O n p age 4, a r tic le 3, begin n in g w ith lin e 28,
it is p roposed to s trik e o u t th e th ir d p a ra g r a p h o f th a t article^
w h ich r e a d s a s fo llo w s :
It is further agreed, however, that in cases in which the parties
disagree as to whether or not a difference is Subject to arbitration under
article I of this treaty, that question shall be submitted to the joint
high commission of inquiry; and if all or all but one of the members
of the commission agree and report that such difference is within the
scope of article 1, it shall be referred to arbitration in accordance with
the provisions of this treaty.
M r . R O O T . I rise fo r th e p u rp ose o f a p a r lia m e n ta r y in q u iry
T h e V I C E P R E S I D E N T . T h e S e n a to r w ill s ta te it.
S ir. R O O T .
I t is, W h a t is th e p o sitio n o f th e amendment
in v ie w o f th e ac tio n o f th e S en a to r f r o m M a s s a c h u s e tts , w ho
w a s in c h a rg e o f th e tr e a ty , u n d er th e a u th o r ity o f th e C o m ­
m itte e on F o re ig n R e la tio n s , a n d w h o h a s offered a re so lu tion
f o r th e ra tifica tio n o f th e tr e a ty w ith o u t a m e n d m e n t?
D oes
th e re so lu tion offered b y th e S e n a to r fr o m M a ssa c h u se tts, in
e ffect, w ith d r a w th e a m e n d m e n t?
M r. C L A R K E o f A r k a n s a s an d s e v e ra l o th e r S en a to rs.
No
M r. L O D G E rose.
M r. R O O T .
T h e S e n a to r f r o m M a s s a c h u s e tts c a n s ta te h is
in ten tio n , I suppose.

1912.

CONGRESSIONAL RECORD— SENATE.

M r . L O D G E . T lie a m e n d m e n t n o w p e n d in g w a s tlie r e p o r t o f
tlie C o m m itt e e on F o r e ig n R e la tio n s , a n d is s till t h a t re p o rt.
P e r s o n a lly , I s h a ll v o te a g a in s t it.
I t is th e re p o r t o f th e m a ­
jo r i t y o f th e c o m m itte e .
T h e V I C E P R E S I D E N T . I t i s to s tr ik e o u t th e m a tte r w h ic h
th e S e c r e ta r y h a s j u s t re a d .
T h e q u e stio n is on a g r e e in g to
s tr ik e i t o u t.
M r. C L A R K E o f A rk a n sa s.
O n t h a t I d e m a n d th e y e a s a n d

nays.
T h e y e a s a n d n a y s w e r e o rd e re d , a n d th e S e c r e ta r y p ro c e e d e d
to c a ll th e ro ll.
M r . C L A R K o f W y o m i n g (w h e n h is n a m e w a s c a ll 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 f r o m M is s o u r i [ M r .
S t o n e ]. O il t h i s p a r tic u la r a m e n d m e n t I tr a n s f e r th e p a ir to
th e ju n io r S e n a to r f r o m N o r t h D a k o t a [ M r . G r o n n a ] , a n d w ill
v o te .
I v o te “ n a y .”
M r . S H I V E L Y (w h e n th e n a m e o f M r . D a v is w a s c a ll e d ) .
T h e j u n i o r S e n a to r f r o m A r k a n s a s is p a ir e d w ith th e s e n io r
S e n a to r f r o m S o u th D a k o t a [ M r . G a m b l e ].
W e r e th e ju n io r
S e n a to r f r o m A r k a n s a s p r e s e n t h e w o u ld v o te “ y e a .”
M r . S H I V E L Y (w h e n M r . S to n e ’ s n a m e w a s c a ll e d ) .
The
se n io r S e n a to r f r o m M is s o u r i [ M r . S t o n e ] w a s p a ir e d w ith th e
S e n a to r f r o m W y o m i n g [ M r . C l a r k ], a n d th e p a ir h a s b een
tr a n s fe r r e d . W e r e th e s e n io r S e n a to r f r o m M is s o u r i p r e s e n t he
W o u ld v o te “ y e a .”
T h e r o ll c a ll w a s c o n c lu d e d .
M r. J O N E S .
M y c o lle a g u e [ M r . P oin d exter ] h a s b e e n c a lle d
o u t o f th e c it y o n a c c o u n t o f th e s e r io u s illn e s s o f h is m o th e r .
H e h a s a d v is e d m e h o w h e w o u ld v o te on so m e a m e n d m e n ts , b u t
n o t on t h i s o n e .
S o I c a n n o t s a y h o w h e w o u ld v o te o n th e
p e n d in g a m e n d m e n t.
M r. L E A .
I d e sire to state th a t th e sen ior S e n a to r fro m
T e n n e s s e e [ M r . T a y l o r ] is n e ce ss a rily a b sen t fr o m th e city.
I d o n o t k n ow h o w h e w o u ld vote on th is am endm ent.
M r. B O R A H .
I w is h to a n n o u n c e t h a t m y c o lle a g u e [ M r .
H e y b u r n ] is n e c e s s a r ily a b s e n t. I f h e w e r e p re se n t, h e w*ould
v o te “ y e a .”
T h e r e s u lt w a s a n n o u n c e d — y e a s 4 2 , n a y s 4 0 , a s f o l l o w s :
Bacon
Bailey
Bankhead
Borah
Bourne
Bristow
Bryan
Chamberlain
Chilton
Clarke, Ark.
Culberson

Y E A S — 42.
Dixon
M artin, Va.
Fletcher
M artine, N. J.
Foster
Myers
Gardner
Newlands
Gore
O’Gorman
Hitchcock
Overman
Johnson, Me.
Owen
Johnston, Ala.
Paynter
Kern
Percy
Lea
Pomerene
Lorimer
Reed

Bradley
Brandcgee
Briggs
Brown
Burnham
Burton
Clapp
Clark. W yo.
Crane
Crawford

Cullom
Cummins
Curtis
Dillingham
du Pont
Gallinger
Guggenheim
Jones
Kenyon
Lippitt

Davis
Gamble
onna

N A Y S — 40.
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Perkins
Rayner
Richardson

N O T VO T IN G — 9.
Penrose
Ileyburn
Poindexter
La Follette

Shively
Simmons
Smith, Ga.
Smith, Md.
Smith, Mich.
Sm ith, S. C.
Swanson
Tillm an
W atson

Root
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
W orks
Stone
Taylor

SVvthe c o m m it te e ’ s a m e n d m e n t w a s a g r e e d to .
The V IC E P R E S ID E N T .
A r e th e r e o th e r a m e n d m e n ts to b e
o ffe r e d to th e t r e a t y ?
M r. C U L B E R S O N .
I o ffe r th e a m e n d m e n t I se n d to th e
d esk .
T lie V I C E P R E S I D E N T .
T h e S e n a to r f r o m T e x a s o ffe r s a n
A m e n d m e n t, w h ic h w ill b e s ta te d .
T h e S ecretary . I n th e fir s t p a r a g r a p h o f a r tic le 1, a f t e r
th e w o rd “ e q u ity ,” a t th e to p o f p a g e 3 , lin e 1, in s e r t t h e f o l ­
lo w in g w o r d s :
But which shall not embrace any question which affects the vital
Interests, the independence, or the honor of either of the two contractln8 parties, nor any question which concerns the interests or third
Parties.
T h e V IC E P R E S I D E N T .
T h e qu estion is on agreein g to th e
a m en dm en t p ro p o se d b y th e S en a tor fr o m T ex a s.
[P u ttin g th e
Q uestion.] T h e “ n o e s ” a p p ea r to h a v e it.
CULBERSON.
I a s k 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 rd e re d .
T h e S e cre ta ry p ro ce ed ed to ca ll tlie roll, a n d M r. B acon and
M r . B a il e y a n sw e re d to th eir nam es.
M r. B O R A H .
A n u m b e r o f u s h e r e d id n o t h e a r th e a m e n d ­
m e n t.
W e w o u ld lik e to h a v e it s ta te d a g a in .
T lie V I C E P R E S I D E N T .
W i t h o u t o b je c tio n , th e a m e n d m e n t
w ill b e r e s ta te d .




2953

T h e S e c r e ta r y r e s ta te d th e a m e n d m e n t.
T he V IC E P R E S ID E N T .
T h e S e c r e ta r y w ill r e s u m e th e c a ll
o f th e ro ll.
T h e S e c r e ta r y r e s u m e d th e c a llin g o f th e ro ll.
M r . C L A R K o f W y o m i n g (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 ith th e S e n a to r f r o m M is s o u r i [ M r .
S t o n e ], N o t k n o w in g h o w h e w o u ld v o te on t h i s q u e s tio n , I
w ith h o ld m y v o te .
M r . S H I V E L Y ( w h e n th e n a m e o f Mr. D avis w a s c a ll e d ) .
I
a g a in a n n o u n c e t h e p a ir o f th e ju n io r S e n a to r f r o m A r k a n s a s
[ M r . D a v is ] w it h th e s e n io r S e n a to r f r o m S o u th D a k o t a [M r.

Ga m ble] .
M r . L E A ( w h e n M r . T a y l o r ’ s n a m e w a s c a ll e d ) .
I a g a in a n ­
n o u n c e th e a b s e n c e o f th e s e n io r S e n a to r f r o m T e n n e s s e e [ M r .
T a y l o r ]. I d o n o t k n o w h o w h e w o u ld v o te on th is arnendm e n t.
T h e r o ll c a ll w a s c o n c lu d e d .
M r . C L A R K o f W y o m in g .
U p o n f u r t h e r in f o r m a t io n I w ill
t r a n s f e r th e p a ir I h a v e w ith t h e S e n a to r f r o m M is s o u r i [ M r .
S t o n e ] to th e S e n a to r f r o m N o r t h D a k o t a [ M r . G r o n n a ], a n d
w ill v o te .
I v o te “ n a y :”
M r. S H I V E L Y .
T o w h o m d o e s th e S e n a to r f r o m W y o m i n g
t r a n s f e r h is p a ir ?
M r . C L A R K o f W y o m in g .
T o th e ju n io r S e n a to r f r o m N o r t h
D a k o t a [ M r . G r o n n a ].
M r. S H I V E L Y .
I n e g le c te d to s t a t e w h e n th e n a m e w a s
c a lle d t h a t th e S e n a to r f r o m M is s o u r i [ M r . S t o n e ] w a s p a ir e d
on th is v o te w ith th e S e n a to r f r o m W y o m i n g [M r. C l a r k ].
T h e S e n a to r f r o m W y o m i n g n o w a n n o u n c e s a t r a n s f e r o f h is
p a ir .
M r. J O N E S .
A s I h a v e h e r e to fo r e s ta te d , m y c o lle a g u e [ M r .
P o in d ex ter ] h as been ca lled o u t o f th e c it y b y th e s e r io u s illn e s s
o f h is m o th e r . I d o n o t k n o w h o w h e w o u ld v o te on th is q u e s ­
tio n i f h e w e r e p re s e n t.
T h e r e s u lt w a s a n n o u n c e d — y e a s 3 7 , n a y s 4 5 , a s f o l l o w s :
Y E A S — 37.
Bacon
Bailey
Bankhead
Borah .
Chamberlain
Chilton
Clarke, Ark.
Culberson
Fletcher
Foster

Gardner
Hitchcock
Johnson, Me.
Johnston, Ala.
Kern

Lea
Lorimer
M artin, Va.
M artine, N. J.
Myers

Ncwlands
O’ Gorman
Overman
Paynter
Percy
Pomerene
Rayner
Reed
Shively
Simmons

Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Tiiornton
Tillman
W atson

N A Y S — 45.
Crawford
Cullom
Cummins
Curtis
Dillingham
Dixon
du Pont
Gallinger
Gore
Guggenheim
Jones
Kenyon

Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Owen
Page
Perkins
Richardson
Root

Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
W illiam s
W orks

NOT VO T IN G — 9.
Davis
Gamble
Gronna

Heyburn
Heyburn
La Follette
La Follette

Penrose
Penrose
Poindexter
Poindexter

Stone
Taylor

So M r. C ulberson ’ s am en dm en t w a s rejected .
M r. B A C O N .
I o ffe r a n a m e n d m e n t, n o tic e o f w h ic h I h a v e
h e r e to fo r e g iv e n .
T h e V IC E P R E S ID E N T .
T h e S e n a to r f r o m G e o r g ia o ffe r s
a n a m e n d m e n t, w h ic h w i ll b e s ta te d .
M r. L O D G E .
I s it a n a m e n d m e n t to th e t r e a t y ?
T he V IC E P R E S ID E N T .
I t is, a s th e C h a ir u n d e r s ta n d s it.
M r. G A L L IN G E R .
Y es.
M r. L O D G E .
I s it a n a m e n d m e n t to th e tr e a t y ?
T h e V IC E P R E S ID E N T .
T h e C h a ir u n d e r s ta n d s it is a n
a m e n d m e n t to th e tr e a ty , a n d it w ill be s ta te d .
T h e S ecretary . I t is p ro p o se d to a d d th e f o llo w in g p r o v is o
to th e first c la u s e o f a r tic le 1 :
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the educa­
tional institutions of the several States, or the territorial integrity of
the several States or of the United states, or concerning the question of
the alleged indebtedness or moneyed obligation of any State of the
United States, or any question which depends upon or involves the
maintenance of the traditional attitude of the United States concerning
American questions, commonly described as the Monroe doctrine, or
other purely governmental policy.
The V IC E P R E S ID E N T .
T h e q u e s tio n is on a g r e e in g to th e
a m e n d m e n t.
M r. B A C O N .
O n t h a t I a s k 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 ta r y p ro c e e d e d
to c a ll th e r o ll.

CONGRESSIONAL RECORD— SENATE.

2954

M r. C L A R K o f W y o m in g (w h e n liis n a m e w a s c a lle d ).
Un
d or th e tra n sfe r o f p a ir s h e re to fo re ann ou n ced , I w ill vote. 1
v o te “ n a y .”
T h e ro ll ca ll w a s concluded.
M r. J O N E S .
I d esire to ann ounce th a t i f m y co lle ag u e [M r .
P o i n d e x t e r ] w ere presen t, he w o u ld vo te “ y e a ” on th is a m e n d ­
m ent.
T h e re su lt w a s an n ou n ced — y e a s 4 1, n a y s 41, a s f o llo w s :
Bacon
Bailey
Bankhead
Borah
Bourne
Chamberlain
Chilton
Clarke, Ark.
Culberson
Cummins
Fletcher
Bradley
Brandegee
Briggs
Bristow
Brown
Bryan
Burnham
Burton
Clapp
Clark, Wyo.
Crane
Travis
Gatoble
Gronna

Y E A S— 41.
Foster
Myers
Gardner
Newlands
Gore
O’Gorman
' Hitchcock
Overman
Johnson, Me.
Owen
Paynter
Johnston, Ala.
Kern
Percy Pomerene
Lea
Reed
Lorimer
Shively
Martin, Va.
Simmons
Martine, N. J.
Crawford
Cullom
Curtis
Dillingham
Dixon
du l ’ont
Gallinger
Guggenheim
Jones
Kenyon
Lippitt

NAYS— 41.
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Perkins
Rayner
Richardson
Root

NOT VOTING— 9.
Heyburn
Tenrose
La Follette
Poindexter

Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Thornton
Tillman
Watson '<
AVilliams

Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
AVetmore
AVorks
*

Stone
Taylor

T he V IC E P R E S ID E N T .
T h e n a y s h a v e it, and th e a m e n d ­
m e n t is lost.
M r. C H A M B E R L A I N . I d esire to offer th e a m en d m e n t w hich
I send to th e desk.
The V IC E P R E S ID E N T .
T h e S en a to r fr o m O regon offers
an am en d m e n t, w h ich w ill be read.
T h e S e c r e t a r y . I t is proposed to ad d th e fo llo w in g p ro viso
a t th e end o f th e first cla u se o f a r tic le 1 :
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the educa­
tional institutions of the several States.
T h e V I C E P R E S I D E N T . T h e question is on ag re e in g to the
a m e n d m e n t proposed b y th e S en a to r fr o m Oregon.
M r. C H A M B E R L A I N . On th a t I a sk fo r th e y e a s an d nay s.
T h e y e a s and n a y s w ere ordered, an d th e S e c re ta ry proceeded
to c a ll the roll.
M r. C L A R K o f W y o m in g (w h e n h is n a m e w a s c a lle d ).
I
h a v e a gen era l p a ir w ith th e se n ior S en a to r fr o m M is s o u r i [M r .
S t o n e ].
I tr a n sfe r th a t p a ir to th e ju n io r S en a to r fr o m N o rth
D a k o ta [M r . G r o n n a ] , an d I vo te “ n a y .”
M r. B A I L E Y ( a f t e r h a v in g vo te d in th e affirm a tiv e, w hen M r.
D i x o n ’ s n am e w a s c a lle d ).
I on ly a m o m en t ago p aired w ith
th e S en a to r fr o m M o n ta n a [M r . D i x o n ] , an d un d er th a t im ­
p ression he h a s le ft th e C h am b er.
I w ith d ra w m y vote.
T h e roll c a ll w a s concluded.
M r. J O N E S .
I ann ounce the n e ce ssa ry ab sen ce o f m y c o l­
lea gu e [M r . P o i n d e x t e r ] , w ith th e sta te m e n t th a t I do n ot
k n ow h o w he w ou ld vo te on th is am en d m e n t i f h e w ere p resen t.
M r. S H I V E L Y .
I ag a in ann ounce th e ab sen ce o f th e ju n io r
S en a to r fr o m A r k a n s a s [M r . D a v i s ] and th a t h e is p aired w ith
th e senior S en a to r fr o m S ou th D a k o ta [M r . G a m b l e ] .
I a lso
ann ounce th e ab sence o f th e se n ior S en a to r fr o m M isso u r i [M r .
S t o n e ] , and th a t h e h a s a ge n e ra l p a ir w ith th e sen ior S en a to r
fr o m W y o m in g [M r . C l a r k ] .
T h e re su lt w a s ann ou n ced— y e a s 4 1 , n a y s 38, a s follow :
Bacon
Bankhead
Borah
Bourne
Chamberlain
Chilton
Clarke, Ark.
Culberson
Cummins
Fletcher
Foster

YEAS— 41.
Gardner
New lands
Gore
O’Gorman
Hitchcock
Overman
Johnson, Me.
Owen
Johnston, Ala.
Pa.vnter
Kern
Percy
Lea
Pomercne
Lorimer
Rayner
Martin, Va.
Reed
Martine, N. J.
Shively
Myers
Simmons
NAYS— 38.
Crawford
Lodge
Cullom
McCumber
Curtis
McLean
Dillingham
Nelson
Nixon
du Pont
Oliver
Gallinger
Guggenheim
Page
Jones
Perkins
Kenyon
Richardson
Lippitt
Root




Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Thornton
Tillman
Watson
AVilliams

Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
Works

March

NOT VOTING— 12.
Heyburn
Dixon
Bailey
Poindexter
Da Follette
Stone
Bryan
Gamble
Penrose
Taylor
Davis
Gronna
So M r. C h a m b e r l a i n ’ s am en d m e n t w a s ag reed to.
/
. T h e V I C E P R E S I D E N T . A r e th ere oth er a m en d m e n ts to the
tlreaty? I f not, th e tr e a ty w ill be rep orted to th e S en ate.
T h e S e c r e t a r y . A tr e a ty sig n ed b y th e p le n ip o te n tia rie s o f
G re a t B r ita in on A u g u s t 3, 191 1 , exte n d ob lig a tio n o f th e p o licy o f a r b itra tio n ad opted
a rb itra tio n tr e a ty o f A p r il 4, 190 8 , b etw een th e
e xclu d e c e rta in e x ce p tio n s con tain ed in
th a t tre a ty an d to p ro vid e m e a n s f o r th e p ea ce fu l solu tion o f
kill qu estio n s o f d ifferen ce w h ich it s h a ll be fo u n d im p ossib le in
feuture to se ttle by d ip lo m acy.
T h e V I C E P R E S I D E N T . W ith o u t ob je ctio n th e a m en d m e n ts
recom m end ed b y th e C o m m itte e o f th e W h o le a r e con cu rred in.
M r. B A C O N .
I u n d erstood th a t th e S en a to r fro m M a s s a c h u ­
se tts [M r . L o d g e ] w o u ld offer a resolu tion .
M r. L O D G E . I am go in g to offer it now .
T h e V I C E P R E S I D E N T . W ith o u t ob je ctio n th e am en d m e n ts
recom m end ed b y th e C o m m itte e o f th e W h o le a r e concurred in.
A r e th e re a m en d m e n ts to b e offered to th e tr e a ty in the S e n a te ?
M r. L O D G E . I f th e C h a ir w ill allow m e, I th in k w e a re a s
in open e x e c u tiv e session a n d n ot a s in C o m m itte e o f th e W h o le .
M r. B A C O N . I w a s a b ou t to m a k e th e sa m e point.
The V IC E P R E S ID E N T .
T h e ru le s p ro vid e fo r th e sam e
p rocedure in e x e cu tiv e session as in open session. B u t th e m a t­
te r is d isp osed o f to a p oin t w h e re a re so lu tion o f ra tifica tio n jg
in order.
M r. L O D G E . I offer th is re so lu tion o f ra tifica tio n in lieu o f
th e one w h ich I p resen ted, b eca u se th e one th a t I p resen ted is no
lon g er n e ce ssarv, the a m e n d m e n ts h a v in g been m ad e.
The V IC E P R E S ID E N T .
T h e S e n a to r fr o m M a s s a c h u s e tts
offers a reso lu tion o f ratifica tio n , w h ich w ill b e read.
T h e S e c re ta ry read a s f o llo w s :
Resolved ( two-thirds of the Senators present concurring therein)
That the Senate advise and consent to the ratification cf the treaty
between the United States and Great Britain respecting arbitration
signed at Washington on the 3d day of August, 1911, with the follow!
ing amendments :
On page 3, line 4, after the word “ tribunal,” insert a comma.
In the same line strike out the word “ may ” and insert in Hun
thereof the word “ shall.”
On page 4, strike out the paragraph commencing line 28 and ending
line 35.
°
And at the end cf the first clause of article 1 add the following
proviso:
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the
educational institutions of the several States.
M r. B A C O N .
I offer as a s u b stitu te fo r th e p ro viso tlie one
I n ow send to th e desk .
The V IC E P R E S ID E N T .
T h e S en a to r fro m G e orgia offers
an a m en d m e n t in th e fo r m o f a su b stitu te fo r th e p roviso, which
w ill be read.
T h e S e c r e t a r y . I n lieu o f th e p ro viso i n s e r t :
Provided, That the Senate advises and consents to the ratification
of the said treaty with the understanding, to be made a part of such
ratification, that the treaty does not authorize the submission to arbi­
tration of any question which affects the admission of aliens into the
United States, or the admission of aliens to the educational institutions
of the several States, or the territorial integrity of the several States
or of the United States, or concerning the question of the alleged in­
debtedness or monied obligation of any State of the United States, or
any question which depends upon or involves the maintenance of the
traditional attitude of the United States concerning American questions
commonly described as the Monroe doctrine, or other purely govern!
mental policy.
T h e V I C E P R E S I D E N T . T h e q u e stio n is on ag re e in g to the
am en d m e n t proposed by th e S en a to r fr o m G e orgia to tlie
re so lu tion o f ra tifica tio n .
M r. B A C O N .
On th a t I a s k fo r th e y e a s a n d n a y s.
T h e y e a s an d n a y s w ere o rd ered a n d ta k en .
M r. J O N E S .
I d esire to sta te th a t m y co lle a g u e [M r . P o i n ­
d e x t e r ] ad v ised m e th a t he is in f a v o r o f w h a t is k now n as
th e B a c o n am en d m en t.
I do n ot k n ow w h e th e r th is is the
am en d m e n t w h ic h w a s o r ig in a lly p rop osed b y th e S e n a to r fro m
G eorgia or not.
M r. B A C O N .
I t is an a m en d m e n t w h ich I o r ig in a lly p ro­
p osed.
T h e am en d m e n t w h ich w a s first offered I o n ly p ro­
p osed to -d a y , b u t th e am en d m e n t up on w h ic h w e a r e n o w v o tin g
I g a v e notice o f a t th e tim e th e S en a to r fr o m N e w Y o r k first
offered h is am en d m en t.
M r. J O N E S .
I u n d ersta n d , th e n , m y co lle a g u e w o u ld vote
y e a on th is am en d m en t.
T h e re su lt w a s ann ounced — y e a s 4 6 , n a y s 3 6, a s f o llo w s :
Y E A S — 40.
(
Bourne
Chilton
Fletcher
Bristow
Clarke, Ark.
Foster
Bryan
Culberson
Gardner
Chamberlain
Cummins
Gore

912.
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon
Kern
Lea
Lorimer
McLean

M artin, Va.
Martine, N. J.
Myers
Newlands
O’ Gorman
Overman
Owen
Paynter

Bradley
Brandegee
Briggs
Brown
Burnham
Burton
Clapp
Clark, Wyo.
Crane

Crawford
Cullom
Curtis
Dillingham
Dixon
du Pont
Gallinger
Guggenheim
Jones

Davis
Gamble
.Gronna

2955

CONGRESSIONAL RECORD— SENATE.
Percy
Pomerene
Rayner
Reed
Shively
Simmons
Smith, Ga.
Smith, Md.

N A Y S — 36.
Lippitt
Lodge
McCumber
Nelson
Nixon
Oliver
Page
• Perkins
Richardson

NOT V O T IN G — 9.
Penrose
Heyburn
Poindexter
L a Follette

Smith, S. C.
Swanson
Thornton
Tillm an
W atson
W illiam s

|n r e fe r e n c e to th e F r e n c h t r e a t y b e ta k e n f r o m fir s t to la s t
jhat w e r e ta k e n in r e fe r e n c e to th e E n g lis h t r e a ty .
I s th e re
E je c t io n ? T h e C h a ir h e a r s n o n e, a n d tw o -th ir d s h a v in g v o te d
pr t h e t r e a t y , i t is ra tifie d .
-

Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
W etmore
W orks
Stone
Taylor

S o M r . B a c o n ’ s a m e n d m e n t to M r . L odge’ s r e s o lu tio n w a s
a g r e e d to.
T he V IC E P R E S ID E N T .
T h e q u e stio n is o n a g r e e in g to th e
r e s o lu tio n o f ra tific a tio n a s a m e n d e d .
M r. L O D G E .
O n t h a t I a s k 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 t h e S e c r e ta r y p ro ­
ce e d e d to c a ll th e ro ll.
M r . S H I V E L Y (w h e n M r . D a v is ’ s n a m e w a s c a ll e d ) .
I w is h
to s t a t e th a t on th is v o te th e j u n io r S e n a to r f r o m A r k a n s a s
[ M r . D a v i s ], w h o is a b s e n t f r o m th e C h a m b e r , is p a ir e d w ith
th e se n ior S e n a to r f r o m S o u th D a k o t a [ M r . G a m b l e ], a n d th a t
i f th e j u n io r S e n a to r f r o m A r k a n s a s w e r e p r e s e n t on th is v o te
h e w o u ld v o te “ y e a .”
M r . C L A P P (w h e n M r . G r o n n a ’ s n a m e w a s c a lle d ).
The
j u n io r S e n a to r f r o m N o r t h D a k o ta [ M r . G r o n n a ] is u n a v o id ­
a b ly a b s e n t f r o m th e C h a m b e r .
I f h e w e r e p re se n t h e w o u ld
v o te “ y e a .”
M r. S H IV E L Y
( w h e n M r . S tone ’ s n a m e w a s c a ll e d ) .
I
a g a in a n n o u n c e th e u n a v o id a b le a b se n c e o f the* s e n io r S e n a to r
f r o m M is s o u r i [ M r . S t o n e ], a n d t h a t h e h a s 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 f r o m W y o m i n g [ M r . C l a r k ].
I f th e
s e n io r S e n a to r f r o m M is s o u r i w e r e p re se n t on th is q u e s tio n h e
w o u ld v o te “ y e a .”
T h e r o ll c a ll w a s c o n c lu d e d .
M r. C R A W F O R D .
I d e s ir e to s t a t e t h a t m y c o lle a g u e [ M r .
G a m b l e ] is n e c e s s a r ily a b s e n t, a n d t h a t h e is p a ir e d w ith th e
ju n io r S e n a to r f r o m A r k a n s a s [ M r . D a v is ].
I f m y c o lle a g u e
w e r e p r e se n t h e w o u ld v o te “ y e a .”
M r. J O N E S .
I d e sire to a n n ou n ce th e a bsence o f m y c o l­
leagu e [M r. P o in d ext er ], a n d to sta te th a t i f he w ere present

he w o u ld v o te “ y e a .”
M r . L E A . I w is h to s ta te th e n e c e s s a r y a b se n c e o f th e se n io r
S e n a to r f r o m T e n n e s s e e [M r . T a y l o r ], a n d t h a t i f h e w e r e p r e s ­
e n t h e w o u ld v o te “ y e a .”
T h e resu lt w a s an n ou n ced — yea s 7G, n a y s 3 , a s f o llo w s :
Y E A S — 76.
Richardson
Lea
Bacon
Culberson
Root
Lippitt
Bailey
Cullom
Shively
Lodge
Cummins
Bankhead
McCumber
SimmoDs
Borah
Curtis
Smith, Ga.
McLean
Dillingham
Bourne
Smith, Md.
M artin, Va.
Bradley
Dixon
Smith, Mich.
Myers
du Pont
Brandegee
Smith, S. C.
Nelson
Briggs
Fletcher
Stephenson
Newlands
Bristow
Foster
Sutherland
Nixon
Brown
Gallinger
Swanson
Oliver
Bryan
Gardner
Thornton
Overman
Burnham
Gore
Tillman
Owen
Burton
Guggenheim
Townsend
Page
Hitchcock
Chamberlain
Warren
Paynter
Chilton
Johnson, Me.
W atson
Clapp
Percy
Johnston, Ala.
Wetmore
Clark, Wyo.
Perkins
Jones
W illiam s
Crane
Pomerene
Kenyon
Works
Rayner
Kern
Crawford
N A Y S — 3.
Lorimer
Reed
Martine, N. J.
NOT V O T IN G — 12.
Smoot
Clarke, Ark.
O’Gorman
Gronna
Davis
Stone
Heyburn
Penrose
Taylor
Poindexter
Gamble
La Follette
The V IC E P R E S ID E N T .
T w o -t h ir d s h a v in g v o te d in f a v o r
th e r e o f, th e r e s o lu tio n a s a m e n d e d is a d o p te d .
M r. L O D G E .
I n o w a s k u n a n im o u s c o n se n t th a t th e r e s o lu ­
tio n o f ra tific a tio n o f th e F r e n c h tr e a t y m a y b e la id b e fo re th e
"le n a te , id e n tic a l a m e n d m e n ts h a v in g b een p ro p o se d in th a t
t r e a t y ; t h a t is, th a t th e t r e a t y m a y b e c o n sid e r e d a s a m e n d e d
id e n tic a lly w it h th e E n g lis h tr e a ty , a n d t h a t a p r e c is e ly s im ila r
r e s o lu tio n o f r a tific a tio n m a y be la id b e fo r e th e S e n a te a n d

adopted.
The V IC E P R E S ID E N T .
T h e S e n a to r f r o m M a s s a c h u s e t ts
a s k s u n a n im o u s c o n se n t t h a t p r e c is e ly th e s a m e p ro c e e d in g s




l e g is l a t iv e

s e s s io n

.

|M r. L O D G E .
I m o v e t h a t th e S e n a te p ro ce e d to th e c o n s id ­
e r a tio n o f le g is la t i v e b u s in e s s ,
h e m o tio n w a s a g r e e d to.
M E S SA G E FROM T H E H O U SE .

, f ’’

m e n a g e f r o m th e H o u s e o f R e p r e s e n ta tiv e s , b y D . K . H e m p ­
s te a d , it s S m r o llin g c le rk , a n n o u n c e d t h a t th e H o u s e h a d p a s s e d
t i e b ill ( S . 2<J04) to a m e n d se c tio n 1 5 0 5 o f th e R e v is e d S ta t u te s
th e U n it e d s t a t e s p r o v id in g f o r th e s u s p e n s io n f r o m p ro m o ­
tion o f officers ofcd.be N a v y i f n o t p r o fe s s io n a lly q u a lifie d .
T h e m e s s a g e a l> s \ a n n o u n e e d t h a t th e H o u s e h a d p a s s e d th e
f o llo w in g b ills a n d j S m t r e s o lu tio n , in w h ic h it re q u e s te d th e
c o n c u r r e n c e o f th e S e in H n :
I L R . 1 5 4 7 1 . A n a c t m snsuig a p p r o p r ia tio n f o r r e p a ir , p r e s e r ­
v a tio n , a n d e x h ib itio n o f tlreL tr o p h y fla g s n o w in s to r e in th e
N a v a l A c a d e m y , A n n a p o lis , M chc
J
I I . R . 1 7 1 1 9 . A n a c t g r a n t in g tm ^ c o u r t h o u s e resqS-ve, a t P o n d
C re e k , O k la ., to th e c ity o f P o n d CrS&k f o r sc h o o l ® i d m u n ic ip a l
p u rp oses;
H . R . 1 7 4 8 3 . A n a c t a m e n d in g s e c t i o n S l9 9 8 o£ th e R e v is e d
S t a t u t e s o f th e U n it e d S ta te s , a n d to a u t n S H z if th e P r e s id e n t,
in c e r ta in c a s e s , to m it ig a te o r r e m it th e lo ssS d f r ig h ts o f c it i­
z e n s h ip im p o s e d b y la w up on d e s e r te r s f r o m /n * £ m ilit a r y or
n a v a l s e r v ic e ; a n d
/
H . J. R e s . 1 1 8 . J o in t r e s o lu tio n a u t h o r iz in g £ h e Sdfsretary o f
W a r to a c c e p t th e tit le to a p p r o x im a te ly 5 ,0 0 0 a c r e s orN^and in
th e v ic in ity o f T u lla lio m a , in th e S ta t e o f /T e n n e s s e e , lid iic h
c e r ta in c itiz e n s h a v e o ffe r e d to d o n a to to th«f U n ite d S ta tes^ S o r
th e p u rp o s e o f e s ta b lis h in g a m a n e u v e r c a i /p a n d f o r th e ma)
n e u v e r in g o f tr o o p s , e s ta b lis h in g a n d m a in ta in in g c a m p s o f in ­
s tr u c tio n , f o r rifle a n d a r tille r y ra n g e s , ind f o r m o b iliz a tio n
a n d a s s e m b lin g o f tr o o p s f r o m th e g r o u p o f S ta t e s c o m p o se d o f
K e n tu c k y , T e n n e s s e e , M is s is s ip p i, A la b a m a , G e o r g ia , F lo r id a ,
N o r t h C a r o lin a , a n d S o u th C a r o lin a .
ENROLLED B IL L S SIGNED.

T h e m e s s a g e f u r t h e r a n n o u n c e d th a t th e S p e a k e r o f th e
H o u s e h a d s ig n e d th e fo llo w in g e n r o lle d b ills , a n d th e y w e r e
th e r e u p o n sig n e d b y th e V ic e P r e s id e n t/:
S. 3 2 1 1 . A n a c t a u t h o r iz in g t h a t c o m m is s io n o f e n s ig n be
g iv e n m id s h ip m e n u p on g r a d u a t io n fr o m th e N a v a l A c a d e m y ;
S. 4 5 2 1 . A n a c t to a u t h o r iz e th e c h a n g e o f th e n a m e o f th e
s te a m e r William A. Hawgood; a n d ;
S . 4 7 2 8 . A n a c t to a u t h o r iz e th e J h a n g e o f th e n a m e o f th e
S te a m e r Salt Lake City.

PETITIONS AND MEMORIALS.
T h e V I C E P R E S I D E N T p r e s e n te d a c a b le g r a m f r o m th e
P r e s id e n t o f th e R e p u b lic o f N ic a r a g u a , e x p r e s s in g g r a tific a tio n
to th e S e n a te o f th e U n ite d Stajfes u p on th e v i s it o f th e H o n .
P h ila n d e r C . K n o x , S e c r e ta r y o f S ta t e , to t h a t c o u n tr y , w h ic h
w a s r e fe r r e d to th e C o m m itte e dii F o r e ig n R e la tio n s .
H e a ls o p r e s e n te d a p e titio n pi th e P r o te c tiv e L e a g u e f o r th e
'am i lie s o f D r u n k a r d s , o f P it t /b u r g h , P a ., a n d a p e titio n o f th e
o c k la n d C o u n ty W o m a n ’ s C h r is tia n T e m p e r a n c e U n io n , o f
ew Y o r k , p r a y in g f o r t h e a d o p tio n o f a n a m e n d m e n t to th e
‘C o n s titu tio n to p ro h ib it t h e / m a n u fa c tu r e , sa le , a n d im p o r t a ­
tio n o f in t o x ic a t in g l i q u o r s ,/w h i c h w e r e r e fe r r e d to th e C o m ­
m it te e o n th e J u d ic ia r y .
M r . C U L L O M p r e s e n t e d /a m e m o r ia l o f s u n d ry c itiz e n s o f
L e d fo r d , 111., r e m o n s tr a tin g a g a in s t th e e x te n s io n o f th e p a r c e lp o s t s y s te m b e y o n d its p r /s e n t lim ita tio n s , w h ic h w a s r e fe r r e d
to th e C o m m itt e e on P o s t /j f f i c e s a n d P o s t R o a d s .
M r . G U G G E N H E I M p /e s e n t e d a m e m o r ia l o f s u n d r y c itiz e n s
o f G a la te a , C o lo ., r e n n p s t r a t in g a g a in s t th e e x te n s io n o f th e
p a r c e l-p o s t s y s te m b e y /n d it s p re s e n t lim it a tio n s , w h ic h w a s
r e fe r r e d to th e C o m m ijftee on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p re s e n te d i p e titio n o f s u n d ry m e m b e r s o f th e I m ­
p ro v e d O r d e r o f R e d /M e n , o f L o n g m o n t, C o lo ., p r a y in g f o r th e
e re c tio n o f an A m e / c a n In d ia n m e m o r ia l a n d m u s e u m b u ild ­
in g in W a s h in g to n , p . C ., w h ic h w a s r e fe r r e d to th e C o m m itte e
on I n d ia u A ff a ir s .
M r . R A Y N E R p / ; sen te d a p e titio n o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U n io if o f C a r m ic h a e l, M d ., p r a y in g f o r th e e n a c t­
m e n t o f a n in te r s ta te liq u o r la w to p r e v e n t th e n u llific a tio n ofi
S ta t e liq u o r l a w / b y o u ts id e d e a le r s , w h ic h w a s r e fe r r e d to th e
C o m m itte e on t M J u d ic ia r y .
M r . D U P O N T p r e s e n te d p e titio n s o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U / i o n o f S la u g h t e r N e c k ; th e Y o u n g P e o p le ’ s
B r a n c h o f th e W o m a n ’ s C h r is tia n T e m p e r a n c e U n io n o f S la u g h ­
t e r N e c k ; t h e /M e t h o d i s t E p is c o p a l C h u r c h o f C e d a r N e c k ; th e
M e t h o d is t P r /t e s t a n t C h u r c h o f M i l f o r d ;
W . M . Josep h , o f

2956

CONGRESSIONAL RECORD— SENATE.

M i lf o r d ; E lm e r C. B e n n e tt, o f M i lf o r d ; tlie L a w an d O rd er S o ­
cie ty o f T o w n s e n d ; th e Im m a n u e l M e th o d ist E p isc o p a l Church,
o f T ow n sen d.; an d th e loca l W o m a n ’s C h ristia n T e m p e ra n ce
U n io n o f T o w n se n d , a ll in th e S ta te o f D e la w a r e , p ra y in g fo r
th e e n actm en t o f an in te r sta te liq u o r la w to p reven t th e n u lli­
fication o f S ta te liq u o r la w s by o u tsid e d ea lers, w h ich w e re
re ferre d to th e C o m m ittee on th e J u d iciary .
M r. R O O T presen ted p e titio n s o f m e m b e rs o f th e T ru e M e th o ­
d is t S u n d ay School ahd o f th e co n greg ation o f th e M eth o d ist
C h u rch o f E a s t S y r a c u s e ; o f m e m b e rs o f th e M e th o d ist E p is ­
copal S u n d a y School an d C h u rch o f C o lla m e r v i lla g e ; o f th e
W o m a n ’s C h r istia n T e m p e ra n c e U n io n s o f M a lo n e , I-Iorseheads,
an d B in g h a m t o n ; an d o f su n d ry citizen s o f B in g h a m to n , J a m esv ille , an d S y ra cu se , a ll in th e S ta te o f N e w Y o r k , p ra y in g fo r
th e e n a ctm e n t o f an in te rsta te liq u o r la w to p reven t th e n u lli­
fication o f S ta te liq u o r la w s by o u tsid e d ea lers, w h ich w ere re­
fe r re d to th e C o m m ittee on th e Ju d iciary .
H e also presen ted p etitio n s o f su n d ry lab o r u n io n s o f P orto
R ico , p ra y in g fo r th e e sta b lish m en t in th a t T e r r ito r y o f a d e­
p a rtm e n t "o f com m erce and ag ric u ltu re , w h ich w e re re fe r re d to
the C o m m ittee on Pacific Isla n d s an d P orto R ico . '
H e also p resen ted p e titio n s o f s u n d r y -la b o r u n io n s o f P orto
R ico , p ra y in g fo r th e en actm e n t o f le g isla tio n g ivin g c itize n s o f
P orto R ic o th e rig h t to be citizen s o f th e IJnited S ta te s , w h ich
w e re re ferre d to th e C o m m ittee on P acific 1 Is la n d s an d P orto
R ico .
H e also presen ted p etitio n s o f su n d ry citizen s o f E lm ir a ,
N . Y ., p ra y in g f o r th e p a ssa g e o f the so-callecfs,eight-hour b ill,
w h ic h w ere re fe rre d to th e C o m m ittee on E d u c a n p n an d L ab or.
H e also p resen ted a m e m o ria l o f C h a pin P ost, N o . 2, D e p a r t­
m e n t o f N e w Y o r k , G ra n d A r m y o f th e R e p u b lic , o f B u ffa lo ,
N . Y ., rem o n stra tin g a g a in st th e proposed d isco n tin u a n ce o f the
pension ag en cies th rou g h ou t th e co u n try, w h ich w a s r ^ e r r e d to
th e C o m m ittee on P ensions.
H e a lso p resen ted a p etitio n o f su n d ry c itize n s o f B u ffa lo ,
N . Y ., p ra y in g fo r th e p assa g e o f th e so-called S u lze r p arce h p o st
b ill, w h ich w a s re ferre d to th e C o m m ittee on P o st Offices V n d
P o st R oa d s.
H e also p resen ted a p etitio n o f su n d ry c itize n s o f T r o y , N .

A

March 7.

S ou th C a ro lin a , p rtiying f o r th e e n a ctm e n t o f an in te r s ta te
liq u o r la w to p re ve n t th e n u llification o f /S t a t e liq u o r la w s by
ou tsid e d ea lers, w h ich w e re re fe rre d t o /t h e C o m m itte e on the
J u d ic ia ry .
M r. B R A D L E Y p resen ted a p etitiosf o f su n d ry c itize n s o f
L in co ln C ou n ty, Ivy., p ra y in g fo r t i n / e n actm e n t o f a n in ter­
s ta te liq u o r la w to p re ve n t th e n u llific a tio n o f S ta te liq u or
la w s by o u tsid e d ea lers, w h ic h w a s^ -e fe rre cl to th e C o m m ittee
on the J u d icia ry .
H e a lso p resen ted a m e m o r ia l o / t h e m e m o ria l an d e x e cu tiv e
com m itte e, G ra n d A r m y o f th e R e p u b lic , o f B u ffa lo , N . Y ., re ­
m o n stra tin g a g a in s t th e d isco n tin u a n ce o f th e p ension ag en cies
th ro u g h o u t th e co u n try , w h ic h ^ v a s re fe rre d to th e C o m m ittee
on P ensions.
titio n s o f J o u rn e ym e n B a r b e r s ’
, I n d . ; o f L o c a l U n io n N o . 157,
N o rth A m e r ic a , o f In d ia n a p o lis,
145, In te rn a tio n a l A s s o c ia tio n o f
tying f o r th e p a ssa g e o f th e sovere re fe r re d to th e C o m m ittee

E

„ .c\.i D epartm ent or in aian a, tiranu A rm y or m e R epu blic, o f T e rre
p ra y in g fo r a reduction o f the du ty on raw and refined su» a is > { j j ^ ute i uq .; praying fo r the p a s s a g e o f the so-called dollar-aw h ich w a s referred to th e C o m m itte e on Finance.
pcnsion pill, w hich w a s ordered oto L o c a l U n io n N o . 5, N a tio n a l
f lie on th e table.
M r. G O R E p resen ted a point reso lu tion adopted b y th e L e g is
•H e also p resen ted a m e m o ria l o f ers, P o lish aN s v ille , lIn d ., p ra y in g
th e o f E v n a tio n a A llia n c e
Future o f O k la h o m a , w h ich w a s re ferre d to the C o m m ittee on
m p ro r e in g f o a th e b u ild s t
o f T l i e U n ite d S ta te s o f N o r th A m e r ic a , v idm o n strr tin g a g a inin g o f
F in a n c e an d ordered to b e p rin ted in th e R ecord, a s f o l l o w s :
liips r a G o v t im m ig n tio ’
th e '-e n a c tm e n t o f le g isla tio n to fu rth ein re str ice rn m e n t raa v yny a rd ,
S ta te of O k l a h o m a .
m on on ig v a l n .
whiefc w a s re ferre d to th e C o m m itte eittee Im mN ara tioA ffa ir s .
Department of State,
M i v :P A G E p resen ted a p etitio n o f B oe dWL o c a l ’ U nC hn ,istia . 215,
o f th y
o m a n s io r N o n
To all to whom these presents shall come, greeting:
op erative f n io n
f a m e ent
1, Benjamin F. Harrison, secretary of state of the State of Oklaljfma, T e m p e ra n c e U n io n o f R ic lifo rd , V t., p ra y in g Uo r th e oe n Ac tmr ic a , o f
> t th e n u m e n ation
do hereby certify that the following and hereto attached is a truafeopy o f an in te r sta te liquor la w to p re ve ne sta b lish llifict o f ao fp arcel-p o st
S ta te
of house joint resolution 5, approved March 14, 1910, the origjpal of liq u o r lav^s b y o u tsid e d ea lers, w h ich w a C o mferre d to th eo s to m ­
i th e s re m ittee on P C Oiiices
which is now on file and a matter of record in this office.
J
In testimony whereof I hereto set my hand and cause to bjf affixed m itte e on th e J u d icia ry .
the great seal of state. Done at the city of Oklahoma this ,/6 t h day
s o f o f d ry c itiz e s
f L og
M r. W E T V I O R E p resen ted a p etitio n su nth e B o a rd n o f oT ra d e a n sof February, A. D. 1912.
o f P ro vid en ce, R . I ., p ra y in g fo r th la r y v ille , M o f ou ,e R e y n o ld theW o le se lection on th site in s,
[ s e a l .]
B e n j a m in F. H a r r is o n ,
tic a s
G ree m en d ed a n B u
M a ll, in th e D is t r ic t o f C o lu m b ia, ello, reco m n to w n , Vby the ren ,
Secretary/of State.
f In d ia a , th e p roposed
C o m m issio n of- F in e A r t s , f o r th e loca tio nn o f re m o n s tr a tin g La g a in s t
in ­
MARCjf 10, 1910,
e o m d its
coln m e m o r ia l/.w h ic h w a s re fe r re t sy steme b Cyo nm itte ep re sen t lim id to th
on the
House joint resolution 5.
o th e C o m m itte e on P o s t Offices
A resolution ratifying an amendment proposed by the^Sixty-first Con­ D is tr ic t o f C o lu m b ia.
H e a lso p resen ted re so lu tio n s ad o p ted a t a public m e etin g
gress of the United States of America on the 15ti?' day of March,
1909, to the Constitution of the United States qjid designated as h eld un d er th e a u sp ic es o f th e R oo f rt E n m . tBL ite r a ro st, sN o c ia ­
b e Joh m P e a ir d P y A s o . 592,
Article X V I.
tio n , o f P ro vid en ce, *R. I ., re m o nA r m tino f a g a in se pth elic , o f T e rre
stra y g th e R t u b ratification
De it resolved by the house of representatives aim the senate of the
o f th e proposed tre a tie s o f a r b itra tio n b e tw een th e U n ited
State of Oklahoma:
S ta te s, G re a t B r ita in * an d F ra n c e , an d a lso a g a in s t th e ra tifi­
Whereas the Sixty-first Congress of the United /states of America, at
its first session, begun and held at the city of Washington, on Monday, ca tio n in th e fu tu r e o f a n y tr e a ty in v o lv in g th e M on ro e d oc­
the 15th day of March, 1909, by joint resolution proposed an amend­
ment to the Constitution of the United StatesAn words and figures as trin e , e tc., w h ich w ere o rd ered to lie on th e table.
follows, to w it :
H e a lso p re sen te d a p etitio n o f th e W o m a n ’s C h ristia n T e m ­
“ Resolved by the Senate and House of Representatives of the United p eran ce U n io n o f P ro vid en ce, It. I., p ra y in g fo r th e en actm e n t
States of America in Congress assembled .{two-thirds of each House
concurring therein), That the following article is proposed as an amend­ o f an in te r sta te liq u o r la\w to p re v e n t th e n u llific ation o f S ta te
ment to the Constitution of the United States, which, when ratified by liq u o r la w s by ou tsid e d ea lers, w h ich w a s re fe r re d to th e C o m ­
the legislatures of three-fourths of the saveral States, shall be valid to m itte e on th e J u d icia ry .
all intents and purposes as a part of the Constitution :
M r. B U R T O N p resen ted \ m e m o ria l o f su n d ry citizen s o f
“ A rt. 10. The Congress shall have p /v e r to lay and collect taxes on
incomes, from whatever source derived, without apportionment among A n to n is , O h io , re m o n str a tin g a g a in s t th e e x te n sio n o f th e p a r­
the several States and from any censos or enumeration.”
ce l-p o st system b eyo n d its p resen t lim ita tio n s , w h ich w a s re­
Now, therefore, be it resolved by i/ie house of representatives and the
senate of the State nf Oklahoma An extraordinary session assembled, fe r re d to th e C o m m itte e on P osN O ffices an d P o s t R o a d s.
Such subject having been recommended by the governor for considera­
M r. J O H N S T O N o f A la b a m a p resen ted a m e m o ria l o f su n d ry
tion, that said proposed amendnjihnt to the Constitution of the United c itize n s o f Slocom b, A la ., re m o n stra tin g a g a in s t th e e xte n sio n
States of America is hereby rat/ued.
o f th e p arce l-p o st s y ste m beyon d \ s p re sen t lim ita tio n s , w h ich
/
B en F. W il s o n ,
w a s re fe r re d to th e C o m m itte e on P \ s t O ffices a n d P o st R oa d s.
Speaker of the House of Representatives.
/
J. C. G r a h a m ,
M r. R A Y N E R p resen ted a p etition o f th e official b ody o f
/
President pro tempore of the Senate.
th e C e n te n ary M e th o d ist E p is c o p a lV jh u r c h , o f W e s tm in s te r ,
Correctly enrolled. f
M il t o n B r y a n , Chairman.
M d ., p ra y in g fo r th e en actm e n t o f a m in t e r s t a t e liq u o r la w to
Approved March 14, 1910.
p reven t th e n u llific ation o f S ta te liq u o r V u v s b y o u tsid e d ealers,
C. N. H a s k e l l ,
w h ich w a s re ferre d to th e C o m m itte e o n Y h e J u d ic ia ry .
Governor of the State of Oklahoma.
M r. T I L L M A N p resen ted p etitio n s o f tb e co n greg ation o f th e
B u n com b e S tree t M e th o d ist E p isc o p a l C hurch, o f G ree n v ille ,
an d o f sundry citizen s o f W a r d an d T u lle y , a ll o f th e S ta te o f




REPORTS OF COM M ITTEE ON CfcAIM S.

M r. J O N E S , fr o m th e C o m m ittee on C la im s, to w h ich w a s
re fe rre d th e b ill ( S . 2 1 1 5 ) c o n fe rrin g ju ris d ic tio n on th e C ou rt




CONGRESSIONAL RECORD— SENATE.

3009

W I T H D R A W A L OF P A P E R S---- O M N IB U S C L A IM S B IL L .

O n m o tio n o f M r . G a l l i n g e r , it w a s
Ordered, T hat the papers accompanying S. 2 4 40, Sixty-first Congress,
entitled “ & bill for the allowance of certain claims reported by the
Court o f Claims under the provisions of the acts approved March 3,
1 8 83, and March 3, 1887, and commonly known as the Bowman and
Tucker A c t * -’ be withdrawn from the files of the Senate, no adverse
report having been made thereon.
W IT H D R A W A L

OF

P A P E R S— W I L L I A M

D O N N E LL Y .

O n m o t io n lp f M r . P om eren e , it w a s
Ordered, Thai, the papers in the case of W illiam Donnelly, S. 1146,
Sixty-second Congress, first session, be withdrawn from the files of the
Senate, no advemb report having been made thereon.
%

M I S S I S S I P P I RIVER LEVEES.

M r. W I L L I A M S .
I s u b m it a c o n c u r r e n t r e s o lu tio n , a n d I
s h o u ld lik e t o hw ve u n a n im o u s c o n s e n t f o r it s p r e s e n t c o n s id ­
e r a tio n .
T h e S e c r e ta r y Bgad th e c o n c u r r e n t re s o lu tio n ( S . C o n . R e s .
1 $&, a s f o l l o w s : 4
jR esolved by the Samite ( the H ouse of R epresentatives concurring),
T in t the Secretary of Jft’ar be requested to make a supplemental or ad­
ditional report or estiirmte concerning the work of levee construction in
thy improvement of t l ® , navigability of the Mississippi River on the
east bank thereof from \ ick sb u rg to Bayou Sara for use in connection
with S. 4 3 53, being a bife to aid in construction of levees and embanknjjints on the east side or®he Mississippi River.
/T h e V IC E P R E S ID E N T .
I s th e r e o b je c tio n to th e p r e s e n t
C o n sid e ra tio n o f th e c o ilk ir r e n t r e s o lu t io n ?
f M r. N E L S O N .
M r . P » s i d e n t , it is c u s t o m a r y to h a v e r e s o ­
lu tio n s o f t h a t k in d g o t m t li e C o m m itte e on C o m m e r c e b e fo r e
a n y a c tio n b y th e S e n a t e ,m n d I th in k th e r e s o lu tio n o u g h t to
t a k e th e u s u a l c o u rs e a n d g|k to th e C o m m itt e e on C o m m e r c e .
M r. W I L L I A M S .
T h a t ^ o u l d b e th e r e g u la r c o u rs e , M r .
P r e s i d e n t ; b u t I h a v e a s k e d f fc a n im o u s c o n s e n t f o r th is r e a s o n ,

3010

CONGRESSIONAL RECORD— SENATE.

M r. G A L L I N G E R .
I sh a ll n ot o b je c t to th e p resen t con­
sid eration o f th e co n cu rren t re so lu tion , b u t I w a n t to em p h asize
th e fa c t th a t w e a re sp en d in g m illio n s o f d o lla r s to p rotect and
p ro m o te the com m erce o f ce rta in stre a m s, in cid e n ta lly p ro­
te ctin g p riv a te p roperty a t th e sam e tim e, an d th e re h av e been
a lr e a d y m illio n s o f d o lla r s o f c la im s filed a g a in st th e G o vern ­
m en t.
S till w e a r e b u ild in g m o re lev ees.
1 th in k th e G o vern ­
m e n t sh ou ld be p ro te cte d in som e w a y fro m bein g m u lcted in
d a m a g e s fo r w h a t it h a s done in th is resp ect to p rotect n a v ig a ­
tion an d com m erce. I do n ot o b je c t to th e reso lu tion a t all.
M r. W I L L I A M S .
I h a v e n ot w a n te d to a rg u e th a t question
n ow , and y e t I a m so m e w h a t lo a th to a llo w w h a t th e S en a to r
fro m N e w H a m p sh ire h a s sa id to p a ss w ith o u t reply.
I t is a
m a tte r o f ju d g m e n t f o r th e C o n gress o f th e U n ite d S ta te s
w h e th e r it sh a ll b u ild lev ee s to p ro m ote the n a v ig a b ility o f a
stre a m , b u t i f th e C o n gress o f th e U n ite d S ta te s decides th a t it
sh a ll do so an d if, as a resu lt o f its d ecision an d its w o rk , c iti­
zen s h a v e th e ir p ro p e rty im m e d ia te ly d estro yed, th en it se em s
to m e th a t it is ve ry m e et and proper fo r C o n gress to consid er
th e ir cla im s, and th a t th e T r e a s u r y o f th e N a tio n shou ld re­
spond to d am a ge s c o m m itte d by th e N a tio n . B u t th a t h a s n oth ­
in g to do w ith th e m a tte r n ow b e fo re th e S enate.
M r. G A L L I N G E R .
I a d m it th a t, b u t th ese tw o m e asu res
com e in ju x ta p o s itio n . I a m o f th e op in ion th a t p riv a te p ro p ­
e rty h a s been g r e a tly en hanced in v a lu e b y th e b u ild in g o f
d ik e s an d -------M r. W I L L I A M S .
I t h a s been; b u t th e p riv a te p ro p e rty
affected in th is in stan ce h a s been g r e a tly reduced in va lu e.
T h e p ro pe rtie s do not b elon g to th e sa m e p a r ty , and th e q u es­
tion is w h eth er one citizen is e xp ected to p a y th e d a m a g e s th a t
a c cru e to an o th er th rou g h a benefit to him .
M r. G A L L I N G E R .
I th in k th e G o ve rn m e n t o u g h t to look
into this.
The V IC E P R E S ID E N T .
I s th e re ob je ctio n to th e p resen t
c o n sid eration o f th e re so lu tio n ?
T h e C h a ir h e a r s none.
The
qu estion is on ag re e in g to th e co n cu rren t resolution.
T h e con cu rren t re so lu tion w a s agreed to.
THREE-YEAR HOMESTEAD BILL.
M r. B O R A H .
I ask to h a v e p rin ted in th e R ecord severa l
e d ito r ia ls upon w h a t is kn ow n a s th e th re e -y e a r h o m estea d b ill.
T h e V IC E P R E S ID E N T .
I s there o b je c tio n ?
T h e C h a ir
h e a rs none.
T h e e d ito r ia ls a re a s f o l l o w s ;
[From the Portland Oregonian.]
LET POOR MEN HAVE HOMESTEADS.
While the railroads and all the commercial bodies of Oregon
unitin" their energies to draw settlers to Oregon, the homestead i
reclamation laws have the effect of scaring them away.
The ho;
stead law is generally understood to have been designed to give ~
man an opportunitv to acquire a home and a farm, but its terms
f of
interpreted that only a capitalist on a small scale can avail hin:
the
its privileges. The same statement is true in greater degree/'
reclamation law.
A review of the practical working of these laws will show Ip w their
terms and the method of enforcement discourage, instead of^encouraging, settlement. While the new railroads were building u|F the Des­
chutes Canyon into Central Oregon a considerable number.iff the labor­
ers filed on homesteads in the surrounding country. ThfflT could have
had at best hut a few hundred dollars each. The firsfepKecessity was
some temporary habitation, a few tools with which to* build it, and
some farming implements.
Then a patch of land gp&st he cleared,
plowed, seeded, and fenced, for which a team is nec^Sary.
By this time the settler's funds are probably about Exhausted and he
has no means, as yet, of making a living off his clafm. He must earn
money, hut if he goes away to work on the ra ilro a # in a logging camp,
on a farm, or in a city, his claim is likely to be ‘Mumped.” Should he
take this risk and escape the claim jumper, a special agent may hap­
pen to appear on the scene and make a note otrliis absence. Thus he
must choose between risking the loss of his ciafm, with all the money
and labor he has put in it, and remaining on^pis claim to starve. The
consequence is that about four in five of the#hilroad laborers who took
up claims in Central Oregon have abandoned them.
These are the handicaps suffered by a jaan without family. If he
has wife and children, there are others. IP a dry-land farming district,
where the legal homstead is 320 acres, Bis nearest neighbor will be at
'least half a mile distant, and neighbor# will be few and widely scat­
tered. His wife is condemned to thatjneadly isolation which has pro­
duced the high rate of insanity amogg farmers’ wives.
There is no
school for his children, and he must £?#e them grow up in ignorance.
Tire homesteader’s only escape isyuo sell his labor for some months
for cash, which he urgently needs. JAllowed to absent himself from his
claim for six months each year
such times as employment is most
abundant, he could earn this irnfoey. He would most probably leave
his claim in the fall, secure w^n-k for the winter, move his family to
the nearest town and send his<flrildren to school there. A t that season
he could do nothing on his/claim and there would be no object in
exposing .iris family to the rigors of winter on the open prairie and to
the solitude of frontier lif/.
But he should be allowed to leave his
claim in either summer or.Avinter, provided his absence does not exceed
six months in any year, /for the best opportunities for work come in
the summer.
In the spring of the/second year the homesteader can return to his
claim, put more land,hinder cultivation, and during the summer make
much progress towartf producing from it a living for him and his family.
In the fall of that year ho can harvest his first crop and begin getting
returns on his laUdr. With his earnings of the second winter lie may




March 8,

make enough progress to dispense with any outside work, but he will
probably make faster progress in getting all his land under cultiva­
tion if he is allowed to work elsewhere during the dull season on the
farm.
It is estimated by men who arc in the best position to know that a
man who moves from the Middle West, brings his family and furnitflro
m
to Oregon, and takes up a homestead needs about $2,000 to pull him
through until his land yields a living for the family without any onj>
side aid, such as working for wages. While Oregon welcomes sucli men
and the Government should encourage them to come, the homestead
law was designed for men without such equipment of capital, and
should be amended on the lines of the Borah bill, in order that mon
with little beyond their strong arms, an elementary knowledge of farm­
ing, and a purpose to make a home on the land may net be excluded
from its advantages.
Jr
The conditions attaching to settlement on landJfrrigaled by the
Government are even more onerous, for, in addition to the handicaps
already enumerated, the settler must make consid^riiblc cash payments
to the Government for his water right. As the#T cash payments give
him an equity in the land similar to that of jr m a n who has made a
first payment on a house in town and who is marking monthly payments
the Government should give him a patent a s # w n as he has made three
annual payments and complied with the homestead law. lie will then
be in a position to borrow the money netgBsary for completion of im­
provements and the Government will be,*m ply secured for the remain
ing payments by holding a lien on thjs^and, which is yearly growing
in value.
Oregon welcomes men of capital, l^ g e or small, but it also welcomes
men who will invest that which i&jPthe source of all capital— labor-__
in the reclamation of her unpeoplofir, fertile plains and valleys.
[From the S^eramento Union.]
h o m e s t e a h t l a w too se ver e .
There may be some merit itfMhe objection raised by Secretary of the
Interior Fisher to the n c W homestead law as proposed by Senator
B orah , of Idaho, but that some radical change in the statute in the in­
terest of the nomesteader is-badly needed can not be successfuly denied
The bill now before Congress, providing for the acquisition of title at
the end of three instead of five years and allowing the entryman leave
of absence lor six months in each year, appears to be a little too
drastic.
It would, a^/Secretary Fisher argues, cut the required resi­
dence down to 18 months. In theory, however, it appears to be right
in that it contemplates relieving the settler from the restriction which
has bankrupted so •Snany ambitious and deserving persons and allowed
others better eqi^pped financially to take advantage of their pioneer
efforts.
Any change in the homestead law that will facilitate the cultivation
of Government land and its transfer to private ownership in small par­
cels— quartep-Sections or less— will be in the public interest. To-dav
the public [gfcd is not for the poor man, because it requires him prac­
tically without interruption to live on his claim during the entire time
within ivffidi he proves his right to it. Thus he must have sufficient
money ijpen he goes to the land to maintain himself and family, pur­
chase stock and implements, and defray sundry other expenses until
completion of proof, or for five years. Only because of illness or for
kindred reasons can he leave his location without running the risk of
havjjig it grabbed away from him by some interloper more familiar, per­
haps; with the technicalities of the law.
M n t were the statute so changed as to allow him leave of absence for
a considerable period each year, he could earn the money with which to
Jsevelop his claim while proving upon it in compliance with the Governent’s requirements.
The best way to promote settlement and tillage of the vast tracts of
public land as yet untouched is to open them to the poor, to those who
are looking for opportunities to make themselves independent, to those
trying to become proprietors themselves, even in a modest way, and
endeavoring to escape from the proprietorship of others.
It may not be well to cut the time required for proving title down to
three years, but it is important that provision lie made for the leave of
absence very much as Senator B orah desires. The Senator knows con­
ditions in Idaho, where ill-advised policies of conservation have ham­
pered the development of the State and closed opportunities that could
long ago have been made productive of great wealth and progress. He
is not a monopolist and can not be accused of playing to persons de­
signing unfair acquisition of Government land. His opinion, therefore
ought to be of weight.

jjr

doubtediy will be thrown open within the next few years. And Cali­
fornia has suffered from the excessively restrictive features of the Fed­
eral statute very much as Idaho, though perhaps not to such an extent.
[From the Fortland (Greg.) Journal.]
PRISONERS ON HOMESTEADS.
Secretary Fisher is setting his own quickly gained impressions on
requirements for homestead titles against the full knowledge and con­
victions of Senator B oraii and other friends of the settler.
Senator B oraii says three years is long enough to keep a homesteader
waiting for his title. Secretary Fisher has read five years into existing
laws and stands pat.
Senator B orah , knowing the variety of home­
steads and that what would be possible for one would be cruelty when
applied to another, proposes leaves of absence, if necessary, for the
man to earn subsistence and improvement money.
Secretary Fisher
tightens up and would allow but four or five winter months’ absence at
the outside.
Secretary Fisher would demand a specific amount of cultivation be­
fore the settler gets his patent. His first action was that all the IG0
acres should be cultivated before patent, and this evidently sticks in his
brain. He seems to be a prairie State man and imagines that a settler
can take his team and plow onto his 160 acres and break it all up in
short order. It is a safe proposition that west of the Cascade Range a
settler who has got his road or horse trail made, his cabin and a small
barn and chicken house and pigpen built, 10 acres cleared and fenced,
a small orchard set out, a good garden in bearing, a few acres in oats,
alfalfa, clover or vetch— that man has given hostages to fortune and
should have his patent, even if he has done that work within the three
years’ limit.
So in other cases. Conditions will greatly vary. But the evidence of
bona fide settlement and intention, not the performance of specified
work, should be the test.
The Nation wants to get people onto th’c land. Its purpose should
not be hindered by its own officials.

1912.

CONGRESSIONAL RECORD— SENATE.

J o s e p h F . S m ith , la t e o f C o m p a n y I , E le v e n t h R e g im e n t N e w
Y o r k V o lu n te e r C a v a lr y , $ 3 0 .
V ic to r T r a c y , la t e o f C o m p a n y G , F i r s t R e g im e n t M a r y la n d
V o lu n te e r I n f a n t r y , $ 4 0 .
R u s s e ll D . R o y a l, la t e o f C o m p a n y A , S e v e n th R e g im e n t, a n d
C o m p a n y C , S ix t e e n th R e g im e n t, M a in e V o lu n te e r I n f a n t r y , $ 2 4 .
A n n J . R o u s e , w id o w o f A s a W . R o u s e , la t e o f C o m p a n y H ,
E le v e n t h R e g im e n t C o n n e c tic u t V o lu n te e r I n f a n t r y , $ 2 0 .
^ C h a r le s H . S e n se n e y , la t e o f B a t t e r y D , F i r s t R e g im e n t W e s t
V ir g in ia V o lu n te e r L ig h t A r t i lle r y , $ 3 0 .
S a m u e l B e a t t y , la te first lie u te n a n t C o m p a n y I , T h ir d R e g i­
m e n t P e n n s y lv a n ia R e s e r v e s V o lu n te e r I n f a n t r y , $ 2 4 .
G e o r g e A . C liste e e, la t e o f C o m p a n y K , T e n t h R e g im e n t V e r ­
m o n t V o lu n te e r I n f a n t r y , $ 2 4 .
D a n ie l B u r k e t, la te o f C o m p a n y B , E ig h t y -f o u r t h R e g im e n t
I n d ia n a V o lu n te e r I n f a n t r y , $ 4 0 .
^ G e o r g e W . Patterson**, l a t e o f B a t t e r y F , F i r s t R e g im e n t O h io
V o lu n te e r L i g h t A r t i lle r y , $ 3 0 .
^ O liv e r C . M o r r is , l a t e o f C o m p a n y K , E ig h t ie t h R e g im e n t O h io
Volunteer I n f a n t r y , $ 2 4 .
H a r d in T . R ic h a r d s o n , la t e c a p ta in C o m p a n y C , T h ir ty -s e c o n d
R e g im e n t I ll i n o i s V o lu n te e r i n f a n t r y , $ 3 0 .
^ Elizabeth T e e l, w id o w o f J 0] m C . T e e l, l a t e o f C o m p a n y F ,
Thirteenth R e g im e n t I o w a V o lu r V e e r I n f a n t r y , $ 12 .
Edwin D . J o n e s, la t e o f C o m p a n y F , T w e n t y -s e v e n th R e g im e n t
Massachusetts V o lu n te e r In fa n tr y % j£ 2 4 .
F r e d e r ic k M . M ille r , la t e o f C o iftp a n y F , T w e l f t h R e g im e n t
V e r m o n t V o lu n te e r I n f a n t r y , $ 12 .
\
E d w a r d D . H a g e n , la t e o f C o m p a n y F , F i r s t R e g im e n t N e v a d a
V o lu n te e r C a v a lr y , $ 2 4 .
\
H e n r y I i. K i r k , la t e o f C o m p a n y E , T e iith R e g im e n t K e n tu c k y
V o lu n te e r C a v a lr y , $ 2 4 .
J o e l W . G la d s o n , la t e o f C o m p a n y A , E ig h t e e n th R e g im e n t
I ll i n o i s V o lu n te e r I n f a n t r y , $ 2 4 .
C a th e r in e S . W a l e s , w id o w o f W i l l i a m W . W h ie s , la t e o f C o m ­
p a n y G , F i f t h R e g im e n t R h o d e I s la n d V o lu n te e r H e a v y A r t i lle r y ,
$ 20 .
S a r a h A . P e c k , w id o w o f E d w a r d K . P e c k , la t e -.o f U . S . S
Albatross, U n it e d S t a t e s N a v y , $ 2 0 .
\
H i r a m B . M o r e y , la t e o f C o m p a n y E , E ig h t h R e g i m e ^ ! M a il
V o lu n te e r I n f a n t r y , $ 3 6 .
\
*
A u s t i n J. M a r s h , la t e o f C o m p a n y E , T h ir t y -e ig h t h R e g !
a n d C o m p a n y K , T h i r t y -f o u r t h R e g im e n t, I o w a V o lu n t
fa n try , $24.
Hiram N . B r a n n , la t e o f C o m p a n y D , T w e n t y -f i r s ^ i i e g i m e n !
M a in e V o lu n te e r I n f a n t r y , $ 3 0 .
E u g e n e S u lliv a n , la t e o f C o m p a n y D , F i r s t B a t t a li o n , S e v e n ­
te e n th R e g im e n t U n it e d S ta t e s I n f a n t r y , $ 2 4 . Jr
T ilm a n IL. E lr o d , la t e o f C o m p a n y I , T h ij^ e e n th R e g im e n t
I o w a V o lu n te e r I n f a n t r y , $ 3 0 .
f
M o r r is J o h n s o n , la t e o f C o m p a n y C , T h y ^ y -f o u r t h R e g im e n t
I lli n o i s V o lu n te e r I n f a n t r y , $ 2 4 .
Robert M a r t in , la t e o f C o m p a n y I , 3 fm e ty -n in t h R e g im e n t,
and
Com pany
K,
F iftie th
R e g i m e n t O h io
V o lu n te e r
In ­
fa n tr y , $30.
‘
/
W i l l i a m I I . T ills o n , l a t e o f C o m o ftn y E , E i g h t y -f o u r t h R e g in ie n t I ll i n o i s V o lu n te e r I n f a n t r y , J 2 4 .
Susan B e r fie ld , w id o w o f M o n ^ o m e r y B e r fie ld , la t e o f C o m ­
p a n y h , N in t h R e g im e n t M in n e s o ta V o lu n te e r I n f a n t r y , a n d
fo r m e r w id o w o f S y lv a n u s W a k e fie ld , la t e o f C o m p a n y B , F o u r th
R e g im e n t M in n e s o ta V o lu n te e r I n f a n t r y , $ 2 0 .
S a r a h E . C u n n i n g h a m ,* f i d o w o f A d a m A . C u n n in g h a m , la t e
° f C o m p a n y G , O n e h iu ftlre d a n d th ir ty -s e c o n d R e g im e n t I n ­
d ia n a V o lu n te e r I n f a n t ^ , $ 2 4 , a n d $ 2 p er m o n th a d d itio n a l on
a c c o u n t o f th e in in o iV c liild o f s a id A d a m A . C u n n in g h a m u n til
h e re a c h e s th e a g e J t 1G y e a r s : Provided, T h a t in th e e v e n t o f
th e d e a th o f B e r ttta C u n n in g h a m , h e lp le s s a n d d ep e n d e n t c h ild
° f A d a m A . C u n V m g h a m , th e a d d itio n a l p e n sio n h e re in g r a n te d
s h a ll c e a s e a n d r d e t e r m i n e : And provided further, T h a t in th e
e v e n t o f th e chjlath o f S a r a h E . C u n n in g h a m , th e n a m e o f B e r t h a
C u n n in g h a n V h e p la c e d o n th e p e n sio n r o ll a t $ 12 .
A b i j a h j . C h e a r s , la t e o f C o m p a n y K , F i r s t R e g im e n t O h io
Y o lu n t e e jr C a v a lr y , $ 3 0 .
W i li i a f n I I . P e e k , la t e o f C o m p a n y A , S e c o n d R e g im e n t N o r th
C a r o lin a V o lu n te e r M o u n te d I n f a n t r y , $ 2 4 .
Jiirfeson S . T w e e d , la t e o f C o m p a n y M , F i r s t R e g im e n t T e n ­
n e s s e e V o lu n te e r C a v a lr y , $ 2 4 .
.
W i lli a m G u r in , la t e o f C o m p a n y F , O n e h u n d re d a n d s ix t y fii'.4 u R e g im e n t N e w Y o r k V o lu n te e r I n f a n t r y , a n d C o m p a n y E ,
First R e g im e n t L o u is ia n a V o lu n te e r C a v a lr y , $ 30 .
S a r a h E . C lo u d , w id o w o f E ll i s A . C lo u d , la te o f C o m p a n y G ,
F i f t h R e g im e n t D e la w a r e V o lu n te e r I n f a n t r y , $ 1 2 .
W i l l i a m W . G o rd o n , la t e o f C o m p a n y H , N in e te e n th R e g im e n t
W is c o n s i n V o lu n te e r I n f a n t r y , $ 3 0 .




3135

D o n C a r lo s C a m e r o n , la t e o f F i r s t B a t t e r y W is c o n s i n V o lu n ­
te e r L i g h t A r t i ll e r y , $ 3 6 .
A n n a M . R o b in s o n , w id o w o f E li s h a J . R o b in s o n , la te o f
C o m p a n y F , T w e n t y -s e v e n th R e g im e n t W is c o n s in V o lu n te e r
In fa n tr y , $20.
J o h n A . G e o r g e , la t e o f C o m p a n y H , T h ir d R e g im e n t W i s c o n ­
sin V o lu n te e r I n f a n t r y , $ 5 0 .
E m m a n u e l M e n n e t, la t e c a p ta in C o m p a n y D , F if t y -n in t h . R e g i­
m e n t I lli n o i s V o lu n te e r I n f a n t r y , $ 4 0 .
J o h n L . P e r k in s , la t e o f C o m p a n y D , N in e ty -f ift h R e g im e n t
P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 3 0 .
O r la n d o B . D o u g la s , la t e o f C o m p a n y C a n d se co n d lie u te n a n t
C o m p a n y K , E ig h t e e n th R e g im e n t M isso u ri,? V o lu n t e e r I n f a n ­
tr y , $ 3 0 .
G e o r g e W . D im o n d , la t e o f C o m p a n y y f l , S e c o n d R e g im e n t
U n it e d S t a t e s V o lu n te e r S h a r p s h o o t e r s y $ 3 0 .
A d a m C . P a tte e , la t e o f C o m p a n v /A , F o u r te e n th R e g im e n t
I o w a V o lu n te e r I n f a n t r y , a n d C o m y fin y K , S e v e n th R e g im e n t
I o w a V o lu n te e r C a v a lr y , $ 2 4 .
J a m e s I I . M o r r is , la t e o f C em urtny L , E ig h t h R e g im e n t I o w a
V o lu n te e r C a v a lr y , $ 3 0 .
■
J a m e s G . D o r a n , la t e o f Q o m p a u y A , F o r t y -s i x t h R e g im e n t
M is s o u r i V o lu n te e r I n f a n t w ^ $ 3 6 .
R e u b e n B e llo w s , la t e c d /U o m p a n y D , O n e h u n d r e d a n d tw e n ­
tie th R e g im e n t N e w Y o * C V o lu n te e r I n f a n t r y , $ 3 0 .
E liz a b e th C . J a r r e t t ^ v i d o w o f B . F r a n k J a r r e t t, la t e o f C o m ­
p a n y K , O n e h u n d re jjra n d f o u r th R e g im e n t P e n n s y lv a n ia V o lu n ­
te e r I n f a n t r y , $2<L
D a v id A . B u c jm n a n , la t e o f C o m p a n y B , O n e h u n d r e d a n d
t h ir ty -f ift h R < y m ie n t P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 2 4 .
H i r a m S. J p fu m m e r, la t e a s s i s t a n t s u r g e o n , O n e . h u n d re d a n d
te n th R e g h fie n t, a n d s u r g e o n , O n e h u n d r e d a n d fifty -s e c o n d
R e g i m e n t a l ll i n o i s V o lu n te e r I n f a n t r y , $ 3 6 .
A n d j x /v M c F a r la n d , la t e o f U . S . S . Grampus, Great W estern ,
a n d Gfioctaw, U n it e d S ta t e s N a v y , $ 3 0 .
Jafcn A . B o u lg e r , la t e o f U . S. S . North Carolina, New Ilampslj/fc, a n d Nahant, U n it e d S ta t e s N a v y , $ 2 4 .
M a r t in V . B . K n o x , la t e c a p ta in C o m p a n y E , T w e n t y -t h ir d
R e g im e n t U n it e d S ta t e s C o lo re d V o lu n te e r I n f a n t r y , $ 5 0 .
D i a n a C h r is ty , w id o w o f G e o r g e B . C h r is ty , la t e su r g e o n ,
N in t h R e g im e n t I llin o is V o lu n te e r C a v a lr y , $ 2 5 .
H e n r y V . L e a c h , la t e o f C o m p a n y H , T h ir d R e g im e n t N e w
Y o r k V o lu n te e r L ig h t A r t i lle r y , $ 3 0 .
A u g u s t u s G . W i n s lo w , la t e o f C o m p a n y B , S e v e n t y -fo u r th
R e g im e n t P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 2 0 .
H e n r y B u c h o lz , la t e o f C o m p a n y C , F i f t h R e g im e n t M is s o u r i
a te M ili t ia C a v a lr y , $ 3 0 .
a r s e n a R . C la r k , la t e o f C o m p a n y M , S e c o n d R e g im e n t M is soulfe S ta te M i li t i a C a v a lr y , a n d C o m p a n y L , T h ir te e n t h R e g i­
m en ( V l i s s o u r i V o lu n te e r C a v a lr y , $ 3 0 .
G u s f l m i s H . M a n n , la te o f C o m p a n y D , S e v e n t y -fo u r t h R e g i­
m e n t N e k Y o r k V o lu n te e r I n f a n t r y , $ 3 0 .
G ilm a ir u L W h i t m a n , la te o f C o m p a n y D , T w e n t y -t h ir d R e g L
m e n t M a in \ V o lu n te e r In fa n tr y , $24.
G e o r g e A A C o v e r d a le , la te o f C o m p a n y C , F i r s t R e g im e n t D e l a ­
w a r e V o lu n te e r C a v a lr y , $ 2 4 .
B e n ja m in B A D . D e r ic k s o n , la t e o f C o m p a n y H , N in t h R e g i ­
m e n t D e la w a r e Ifo lu n te e r I n f a n t r y , $ 2 4 .
L e w is C h ild s , l\ te o f C o m p a n y D , E le v e n t h R e g im e n t N e w
H a m p s h i r e V o lu n te e r I n f a n t r y , $ 3 0 .
C h a r le s Y o u n g , I a t \ o f C o m p a n y A , T h ir te e n t h R e g im e n t N e w
Y o r k V o lu n te e r I n f a n i W , $ 3 0 .
J o h n H . M u llis o n , lateS af C o m p a n y B , T w e l f t h R e g im e n t P e n n ­
s y lv a n ia R e s e r v e V o lu n te e r I n fa n t r y , a n d C o in p a n 3 I I , O n e
r
h u n d re d a n d n in e tie th R fifc m e n t P e n n s y lv a n ia V o lu n te e r I n ­
fa n try , $36.
E m m a E . K e y e s , w id o w o f W i l l i a m T . K e jm s , la t e o f C o m p a n y
C , T e n t h R e g im e n t, a n d C o m p l y D , T w e n t y -n in t h R e g im e n t,
M a in e V o lu n te e r I n fa n t r y , $ 1 2 .
M r. M c C U M B E R .
O n p ag e 9, \ m o v e to s tr ik e o u t a ll o f
lin e s 11 to 1 4, in c lu s iv e — th e c a s e o r \ e n n i e W e s t .
T h e a m e n d m e n t w a s a g re e d to.
M r. M c C U M B E R .
I a s k t h a t in t h i X c a s e th e p a p e r s b e r e ­
c o m m itte d to th e S e n a te c o m m itte e .
T h e P R E S I D E N T p ro te m p o r e .
W i t h o ^ o b je c t io n , it i s so
o r d e re d .
M r. M cC U M B E R .
I a ls o m o v e to s t r ik e o i k a ll o f lin e s 1 1
to 1 4 , in c lu s iv e , on p a g e 1 3 — t h e c a s e o f A m oil H v J o h n s o n — th e
b e n e fic ia r y h a v in g d ie d sin c e th e b ill w a s re p o r te d
T h e a m e n d m e n t w a s a g r e e d to.
M r. M c C U M B E R .
O n p a g e 1 6 , lin e 1, I m o v e to & k ik e o u t
th e w o r d “ t w e n t y - f o u r ” a n d in s e r t in lie u th e r e o f t lay w o r d
“ t h i r t y .”
L a t e r e v id e n c e filed w ith th e c o m m itte e s h o w s t h a t

Ii

CONGRESSIONAL RECORD— SENATE.
T h e P R E S I D E N T p ro tem p ore.
“ it am en d m e n t.
Che S e c re ta ry re a d a s f o llo w s :

th q $)ap e rs
w ill be r e c o m m i t t ^ t o th e C o m m ittee on P ensions.
Air. S M I T H o f G e orgia.
I d esire to offer an am en d m e n t to
in se rted a t th e end o f th e b ill.
T h e P R E S I D E N T pro tem p ore. I f th e S en ator fr o m G eorgia
w ill send h is a m en d m e n t to th e d esk it w ill be stated .
T h e S e c r e t a r y . A t th e end o f th e b ill in se rt th e fo llo w in g
p r o v is o :
Provided, That 116 one of the said pensions shall he paid until the
examination has been made in the Pension Bureau and it has been
found that said party has actually served in the Army or the Navy
and was engaged in some battle in connection with said service.
T h e P R E S I D E N T pro tem p ore.
T h e q u e stio n is on ag reein g
to the a m en d m e n t offered b y th e S en a to r fr o m G eorgia.
M r. S M I T H o f G eorgia .
I su g g e st th e ab sence o f a q uorum .
T h e P R E S I D E N T pro tem pore.
T h e S en a to r fro m G e orgia
su g g e sts th e .absence o f a q u oru m . T h e S e c re ta ry w ill c a ll th e
roll.
T h e S e c re ta ry proceeded to call th e roll.
M r. B R Y A N (w h e n M r. F letcher ’ s n a m e w as c a lle d ).
My
co lle ag u e is u n a v o id a b ly d etain ed fr o m th e S enate.
M r. J O N E S (w h e n M r. P o i n d e x t e r ’ s n a m e w a s c a lle d ).
I
d esire to an n ou n ce th a t m y co lleag u e [M r . P o i n d e x t e r ] is d e ­
ta in ed fr o m th e C h a m b e r on ac cou n t o f th e d ea th o f h is
m o th er. I sh a ll a llo w th is ann ou n cem en t to sta n d fo r th e re st
o f th e day.
T h e fo llo w in g S e n a to rs a n sw e re d to th e ir n a m e s :
Bacon
Culberson
Lodge
Root
Cullom
McCumber
Simmons
Bourne
Martin, Va.
Cummins
Smith, Ga.
Brandegee
Curtis
Martine, N. J.
Smith, Mich.
Briggs
Myers
Dillingham
Smoot
Bristow
Nixon
Brown
Sutherland
du Pont
O’Gorman
Bryan
Foster
Swanson
Oliver
Taylor
Burnham
Gallinger
Burton
Gardner
Overman
Thornton
Chamberlain
Guggenheim
Page
Townsend
Chilton
Hitchcock
Percy
Warren
Clapp
Johnston, Ala.
Perkins
Watson
Clark, Wyo.
Jones
I’omerene
Williams
Clarke, Ark.
Rayner
Kern
Works
Crane
Reed
Lea
T h e P R E S I D E N T pro tem p ore.
F ifty -n in e S e n a to rs h av e
a n sw e re d to th e ir n am es. A q u o ru m is p resen t. T h e question
is on ag re e in g to th e a m e n d m e n t o f th e S e n a to r fr o m G eorgia .
M r. M c C U M B E R .
On th a t I a sk fo r th e y e a s an d n a y s.
M r. O V E R M A N .
L e t th e am en d m e n t be reported.
T h e P R E S I D E N T pro tem pore.
T h e S ec re ta ry w ill ag ain
sta te th e am en d m e n t.
T h e Secretary . A t th e en d o f th e b ill a d d th e f o llo w in g :
Provided, That no one of the said pensions shall be paid until the
examination has been made in the
Pension Bureau andit has been
found that said party has actually
served in the Army ortheNavy
and was engaged in some battle in connection with said service.
M r. S M I T H o f G e orgia .
I w ish to a d d w h a t I send to th e
d £sk .
y T h e S e c re ta ry rea d th e a m en d m e n t a s f o l l o w s :
Provided, That no one of the said special pensions contained in this
bill shall be paid to any one of the parties herein named until the
Pension Bureau has made investigation and found the said party to
whom the same is to be paid did not enter the service in consideration
of a bounty or for a payment made to him to serve as a substitute; and
Provided, That no one of the said pensions shall be paid until the
examination has been made in the
Pension Bureau andit has been
found that said party has actually
served in the Army ortheNavy
and was engaged in some battle in connection with said service.
T h e P R E S I D E N T pro tem p ore.
D o e s th e S en a to r fro m
G eorgia offer th is am en d m e n t in co nnection w ith th e other, or
se p a ra te ly ?
M r. S M I T H o f G e orgia .
T og eth er.
T h e P R E S I D E N T pro tem pore. T h e q u estio n is on ag re e in g
to the a m en d m en t o f th e S en a to r fr o m G e orgia.
M r. M c C U M B E R .
On th a t I a sk fo r th e y e a s an d nay s.
T h e y e a s an d n a y s w ere ordered.
M r. C U L B E R S O N .
I sh ou ld lik e to in q u ire w h e th e r each
am en d m e n t is d istin c t in its e lf— I w a s n ot co m p le te ly ab le to
h e a r th em w h en th e y w ere rea d — an d th e refo re d ivisib le .
T h e P R E S I D E N T pro tem p ore. T h e y are u n d o u b te d ly d iv is i­
ble, b u t th e C h a ir a sk e d the S en a to r fr o m G e orgia wffiether
th e y shou ld be ta k e n to ge th e r a s one am en d m e n t, an d he re­
plied in th e affirm ative.
O f course, upon th e d em a n d o f a n y
S en a to r th e y m a y be co n sid ered se p a ra te ly .
M r. C U L B E R S O N .
I f th e S en a to r fro m G e orgia h a s no p a r ­
tic u la r reason w h y th e y sh ou ld be co n sid ered to ge th e r, I shou ld
lik e to h ave th e m con sid ered se p a ra te ly .




M a r c h 11
T h e S e c re ta ry w ill read the

Provided, however, Tbat no one of the said special pensions contained
in this bill shall be paid to any one of the parties herein named until
the Pension Bureau has made investigation and found the said party
to whom the same is to be paid did not enter the service in considera­
tion of a bounty or for a payment made to him to serve as a substitute •
and
M r. M c C U M B E R .
O n th a t I a sk f o r th e y e a s an d n a y s.
M r. T H O R N T O N .
I sh o u ld lik e to a sk the S e n a to r fro m
G e orgia w h e th e r th e re co rd sh o w s th a t th e p a r ty in th is case
a c tu a lly w a s in th e se rv ice o f th e U n ite d S ta te s ?
M r. M c C U M B E R .
T h e record s do n ot sh ow e ith e r affirm a­
tiv e ly or n e g a tiv e ly upon th e q u estio n w h e th e r he ca m e in
u n d er a b o u n ty o r w h a t co n sid era tio n im p e lle d h im to jo in the
ra n k s o f the U n io n .
T h e P R E S I D E N T p ro tem p ore.
T h e q u estio n is on ag reein g
to th e first am en d m e n t p roposed b y th e S en a to r fr o m G eorgia,
on w h ich th e y e a s an d n a y s h a v e been ord ered . T h e S e c re ta ry
w ill ca ll the roll.
M r. C U L B E R S O N .
B e fo r e th e ro ll is ca lle d , I w ill a s k the
S en a to r fro m N o rth D a k o ta an a d d itio n a l q u e stio n to th a t su g­
g e ste d by th e S en a to r fr o m L o u is ia n a , an d th a t is w h e th e r 'th e
record s o f th e P en sio n Office a n sw e r th e in q u iry w h ich is con ­
ta in e d in th is a m e n d m e n t?
M r. M c C U M B E R . I d o n o t th in k th e re co rd s o f th e P ension
Office w o u ld sh ow th a t.
T h e P R E S I D E N T pro tem p ore. T h e S e c re ta ry w ill proceed
w ith th e c a ll o f th e roll.
T h e S e c re ta ry p roceed ed to c a ll th e roll.
M r. B U R N H A M (w h e n h is n a m e w a s c a lle d ). I h a v e a gen­
e ra l p a ir w ith th e S e n a to r fr o m M a r y la n d [M r . S m i t h ]. I f p e
jvere p resen t, I wrnuld vo te “ n a y .”
M r. C L A R K o f W y o m in g (w h e n h is n a m e w a s c a lle d ).
I
a v e a ge n e ra l p a ir w ith th e se n ior S e n a to r fr o m M is s o u r i [M r .
tone ].
I tr 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 N o rth
akota [M r . G ro n n a ], and vote “ n ay.”
M r. G U G G E N H E I M (w h e n h is n a m e w a s c a lle d ).
I have a
gen era l p air w ith th e sen ior S en a to r fr o m K e n tu c k y [M r . P a y n ter ]. H e is n ot in th e C h a m b e r, so I w ith h o ld m y vote.
M r. G A R D N E R (w h e n th e n a m e o f M r. J ohnson o f M a in e
w a s c a lle d ). M y co lle ag u e [M r . J ohnson ] is n e c e ssa rily absent
fr o m th e S en a te on official b u sin e ss.
W e r e h e p resen t, h e w ould
v o te “ n a y ” on th is a m en d m e n t.
M il W I L L I A M S (w h e n h is n am e w as c a lle d ). I w is h to a n ­
nou n ce m y p a ir w ith th e sen ior S e n a to r fr o m P e n n sy lv a n ia
[M r . P e n r o s e ] ,
T h e ro ll call w a s concluded.
M r. L E A ( a f t e r h a v in g vo te d in th e n e g a tiv e ) .
H a s th e
ju n io r S e n a to r fr o m R h o d e I s la n d [M r . L ip p it t ] v o te d ?
T h e P R E S I D E N T p ro tem p ore.
T h e C h a ir is in fo r m e d th a t
he h a s not.
M r. L E A . I h av e a g e n e ra l p a ir w ith th e ju n io r S en a to r from
R h o d e Is la n d [M r . L i p p i t t ] .
T h e r e fo r e I w ith d ra w m y vote.
W e r e he p resen t, I sh ou ld vo te “ n a y .”
M r. D I L L I N G H A M ( a f t e r h a v in g v o te d in th e a ffirm a tiv e)
I d id n o t ob serve w h en I vo ted th a t th e sen ior S en a to r fro m
S ou th C a ro lin a [M r . T i l l m a n ] w a s n o t in th e C h a m b e r.
1
th e r e fo r e w ith d ra w m y vote, h a v in g a g e n e ra l p a ir w ith thnt
S en a to r.
M r. J O H N S T O N o f A la b a m a ( a f t e r h a v in g vo ted in the nega­
tiv e .)
I w a s a b sen t fr o m th e S e n a te on co m m itte e service w hen
th e vo te w a s b egu n . I w is h to k n o w w h e th e r th e qu estion is on
b o th p rovisos.
T h e P R E S I D E N T p ro tem p ore. O n ly on th e first one.
M r . J O H N S T O N o f A la b a m a .
I w ill ch a n ge m y vo te fro m
“ n a y ” to “ y e a .”
M r. C R A W F O R D .
I w ish to an n ou n ce th a t m y colleagu e
[M r . G a m bl e ] is n e c e ssa r ily ab sen t.
H e h a s a sta n d in g pair
w ith th e ju n io r S e n a to r fr o m A r k a n s a s [M r . D a v i s ],
I f jay
co lle a g u e ivere p resen t, he w o u ld v o te “ n a y .”
M r. J O N E S .
I have a lr e a d y a n n o u n c e d t h e a b s e n c e o f m y
c o l l e a g u e [M r . P o i n d e x t e r ] .
I f h e w e r e p r e s e n t, h e w o u ld v o te
“ n a y ” o n th is a m e n d m e n t .
M r. C U M M I N S .
M y co lle ag u e [M r . K en y o n ] is n e ce ssarily
ab sen t. I f he w ere p resen t, h e w o u ld vo te , upon th is question
“ n a y .”
M r.

BORAH.

colleague [M r . H e y bu rn ] is absent on
I f he w ere present, he w ould vote “ nay.”

My

accou nt o f illness.
M r. M c C U M B E R .

I desire to s ta te th a t m y co lle a g u e [M r
W e r e h e p resen t, lie w o u ld v o te “ n a y .”
M r. B O R A H .
I d esire to a d d also th a t m y co lleag u e [M r
H ey bu rn ] is p a ir e d w ith th e S en a to r fr o m A la b a m a [M r

G ron n a ] is ab sen t.

B a n k h e a d ].

1912.

CONGRESSIONAL RECORD— SENATE.

M r. O L I V E R .
M y c o lle a g u e [ M r . Penrose] is n e c e s s a r ily
a b s e n t t o -d a y .
H e is p a ir e d w ith th e S e n a to r f r o m M is s is s ip p i
[M r . W illiam s ].
If m y c o lle a g u e w e r e p re se n t, h e w o u ld v o te
“ n a y .”
T h e r e s u lt w a s a n n o u n c e d — y e a s 1 2 , n a y s 4 7 , a s f o l l o w s *
Y E A S — 12.
Bacon
Bryan
Clarke, Ark.

Culberson
Gore
Johnston, Ala.

Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burton
Chamberlain
Chilton
Clapp
Clark, W yo.

Crane
Crawford
Cullom
Cummins
Curtis
dii Pont
Foster
Gallinger
Gardner
Hitchcock
Jones
Kern

M artin, Y a.
Overman
Percy

N A Y S — 47.
Lodge
McCumber
McLean
Martine, N . J.
Myers
Nelson
Nixon
O’Gorman
Oliver
Page
Perkins
Pomerene

Simmons
Smith, Ga.
Swanson
Shively
Smith, Mich.
Smoot
Sutherland
Taylor
Thornton
To wnsend
W arren
W atson
Wetmoro
W orks

3137

m o v e to’ a m e n d , o n p a g e 1 4 , b y s tr ik in g o u t a ll o f lin e s 2 0 , 2 1 ,
2 2 , a n d 2 3 , th e c a s e o f S a m u e l B e a t t y .
T h e P R E S I D E N T p ro te m p o r e .
T h e S e c r e ta r y w u l re p o r t th e
a m e n d m e n t.
\
/
T h e S e c r i ; t a r y > - R tr ik e o u t lin e s 2 0 to 2 3 , in c lu s iv e , o n p a g e
1 4 , in th e fo llo w in g w q j d s :
hirfi
The name of Samuel B e a t t y .la t e first lieutenant Catnpan
y him a
egiment Pennsylvania Reserve&s^olunteer Infantry, a n '
w receiving.
ension at the rate of $24 per mon
lieu of that he Isf*
T h e a m e n d m e n t w a s a g r e e d to
M r. B R Y A N .
M r . P r e s id e n t, I o ffe r
n d to th e d e s k .
T h e P R E S I D E N T p ro te m p
The
fa te d .

The Secretary.

A jn p u & T b y

meudment, which I
am en

nt will be

striking out lines 20, 21,

nil

'23, on p a g e 5, t h j ^ f e l l o w i u g w o r d s :
The
iuW M . Cox, late of Coniparil
-fourth Reg
m f n y j J 'W '" " V^liinte"!* Infantry, and pay him a pension'
the rate of
per month in lieu of that he is now receiving.

T h e P R E S I D E N T p ro te m p o r e .
T h e q u e s tio n i s on a
to th e a m e n d m e n t p ro p o se d b y t h e S e n a to r f r o m F lo r id a .
Gronna
Lorimer
Richardson
M r . B R Y A N . I a s k th e S e c r e ta r y to re a d w h a t a p p e a r s in
Guggenheim
^ e w la n d s
Root
r e p o r t iu t h i s c a s e , f o u n d on p a g e 1 2 o f R e p o r t N o . 2 0 5 .
Heyburn
IfO w en
Smith, Md.
Johnson, Me.
l ’aynter
Smith S. C.
T h e P R E S I D E N T p ro te m p o r e . T h e S e c r e ta r y w ill r e a d th e
Kenyon
Penrose
Stephenson
p a r t in d ic a te d b y th e S e n a to r f r o m F lo r id a .
La Follette
Poindexter
Stone
T h e S e c r e ta r y r e a d a s f o l l o w s :
Lea
Rayner
Tillman
Lippitt
Reed
AVilliams
S. 562. Francis M. Cox, of Orting, W ash., served as a private in
Company B, Forty-fourth Regiment Indiana Volunteer Infantry, from
S o th e a m e n d m e n t o f M r . S m i t h o f G e o r g ia w a s reject*
February 4, 1865, to September 14, 1865, and was honorably discharged,
T h e P R E S I D E N T p ro te m p o r e .
T h e q u e stio n n o w is | u p o n
lie is a pensioner at $20 nor month under the service act of February (i,
1907. lie never filed a claim under the general law, but formerly drew
secon d p r o v is o o ffe r e d b y th e S e n a to r f r o m G e o r g ia .
$ 12 per month under the act of June 27, 1890, granted him on account
M r . S M I T H o f G e o r g ia .
I w it h d r a w th e se co n d p drtil
of total inability to earn a support by manual labor.
The testimony
th e a m e n d m e n t, w it h th e c o n se n t o f th e S e n a te , a n d I w ij
shows that claimant is about 80 years of age, and that he is broken
o ffe r a n o th e r a m e n d m e n t.
down from piles, hernia, and general and senile debility, and is wholly
unable to earn a living by manual labor. I t further appears that he is
The
P R E S ID E N T
p ro
te m p o r e .
W ith o u t
o b je c tio n ,
w ithout property or means and is entirely dependent upon his pension
a m e n d m e n t w ill b e c o n sid e r e d a s w ith d r a w n , and. th e a m e l
for support. On account of his age, poverty, and total disability your
m e n t n o w s e n t to th e d e sk w ill b e re a d .
committee recommend increase of pension to $24 per month ; his serviJe
The Secretary.
I t is p r o p o se d to a d d , a t t h e ,% i d o f th e bill,’ ' .w a s little more than seven months and no greater increase is warraniwl.
th e f o llo w in g p r o v is o :
*
th e vcpoi
is
Provided, That after the passage of this hill it s la ll he the duty of
ban
a n en
............,
the Pension Bureau to investigate the record o f/e a c h party named
loody
seven,
therein, and if it is found from the records of th e /A rm y or Navy that
A ppob a ttle
any party therein named failed to have an honorable discharge then
the name of such party shall thereafter he stricken and he shall no
rfare.
longer receive any benefit from said bill.
, has
H e,
M r . M c C U M B E R .- I d o n o t k n o w -w hether th e S e n a to r is
serv a w a r e o f th e f a c t th a t n o n a m e s c o u ld b e /p la c e d u p on th e p e n ­
sio n r o ll a t a ll unle.®^ th e s o ld ie r s h a d d a d a n h o n o r a b le d is ­
ch a rg e.
T h a t is th e ^ e x istin g la w .
T fe b ill a p p lie s o n ly to
th o s e w h o h a v e h a d a m h o n o r a b le d is c h a r g e .
M r. S M I T H o f G e o r g V .
B u t I c o u i / n o t te ll, M r . P r e s id e n t,
fi'o m lo o k in g a t th e b ill w h e t h e r it n / s n o t t h e p u r p o s e o f th e
b ill in so m e in s t a n c e s t o \ r e m o v e d e b i l i t i e s a n d to g iv e p e n ­
s io n s to m e n w h o d id n o t \ a v e h o n o ^ n b le d is c h a r g e s .
M r. M c C U M B E R .
N o ; i \ a n y c a /e w h e r e th e r e is a q u e s tio n
a b o u t th e p a r t y h a v in g b e e b h o n /r a b l y d is c h a r g e d i t g o e s to
th e C o m m itt e e on M i li t a r y A r f c u r s /a n d n o t to th e C o m m itt e e on
P e n s io n s , a n d th e e x -s o ld ie r ch u ld n o t b e p la c e d u p on th e p e n ­
sio n r o ll u n le s s h e h a d r e c e i v e d ^ n h o n o r a b le d is c h a r g e .
I f th e
S e n a to r w ill lo o k a t th e f i r s t A l a u s e o f th e b ill h e w ill se e
tb a n
t h a t it r e a d s :
/ \
>d b y
n d erT hat the Secretary of the Interior he, and he is hereby, authorized
s s is
and directed to place on the pension ro\, subject to the provisions and
m mtutions of the pension la w s /—
\
NOT VO T IN G — 3 2 .

Bailey
Bankhead
Burnham
Davis
Dillingham
Dixon
Fletcher
Gamble

O n e o f th e p r o v is io n s a n / li m i t a t i V i s o f th e p e n sio n la w s is
th a t th e c la i m a n t m u s t h a r e a n lio n o iV b le d is c h a r g e .
M r . S M I T H o f G e o r g i a / M a y I a s k \ th e S e n a to r a q u e s tio n ?
T h e P R E S I D E N T p ro hem pore.
D o e s V h e S e n a to r f r o m N o r th
D a k o ta y ie ld f o r a q u e s tio n ?
M r. M c C U M B E R .
C e r t a in ly .
I w a s th ro u g h
M r . S M I T H o f G e o r g ia .
T h e n , in points o f f a c t , th e r e is n o t
n m a n w h o se n a m e is ©n th is li s t w h o is h a v in g in a n y w a y th e
d e fe c t o f a n h o n o ra b le' d is c h a r g e c u r e d , b u t \ v e r y o n e on th is li s t
b u s r e c e iv e d a n h o n o r a b le d is c h a r g e .
M r . M c C U M B E R . / E v e r y o n e on t h i s l i s t r\ u st h a v e re c e iv e d
a h h o n o r a b le d is c h a r g e .
. M r . S M I T H o f G e o r g ia .
T h e n , M r . P r e s id e n t, I w ill n o t in ­
s is t u p on th e a m e n d m e n t.
I t is b e c a u se I d id n d t k n o w th e fa c t ,
a u d I w a s s tr u c k w ith th e siz e o f so m e o f th e te n s io n s , t h a t I
w a n te d to r a is e tlie q u e stio n .
I w ith d r a w th e piViposed a m e n d ­
m e n t.
>
\
T h e P R E S I D E N T p ro te m p o r e .
T h e a m e n d m e n t is w i t h ­
d raw n .
T h e b i l l 'i s s till a s in C o m m itte e o f th e W lid je a n d op en
to a m e n d m e n t.
M r. M c C U M B E R .
S in c e w e h a v e b een d is c u s s in g th is m a tte r
I h a v e re c e iv e d n o tic e o f a n o th e r d e a th o f o n e o f th e c la im a n ts ,
w h ic h c o m p e ls m e to a s k f o r a f u r t h e r a m e n d m e n t.
I th e r e fo r e




■

[M r .

3 one
th a t
legisstio n

b e fo r e I w a s a s k e d a n o th e r q u e s tio n .
I d o n o t c la im , M r . P r e s i d e n t t h a t t b X c a s e o f M r . A n g e l is
t y p i c a l ; I d o n o t c la im th a t tills c a s e is t y W c a l ; b u t I d o c la im
t h a t th e r e a r e a n u m b e r in c y fd e d in th e o m n ib u s b ill S a t u r d a y
a n d in th is o m n ib u s b ill t o -d a y o f s e r v ic e d u r in g th e a c tu a l c o n ­
tin u a tio n o f th e w a r o f tra in 4 0 to 5 0 o r GO d ay s
W i t h o u t t a k in g u p tlie tim e o f th e S e n a te t^ S p ffe r a n o th e r
a m e n d m e n t, I sh a ll u s e ,t h e a m e n d m e n t I in ten d e d to o ffe r a f t e r
t h i s o n e is v o te d d o w n , f o r th e p u rp o s e o f illu s t r a m ig ^ t h a t th e r e
a r e o th e r c a s e s h e r e . #
A
O n p a g e 6 o f th e b ill a n d on p a g e 1 3 o f th e r e p o r t o f ru e c o m ­
m it te e i t is s h o w n i l i a t M r . A lo n z o L . B a k e r enliste\l F e V u a r y
1 4 , 1 S 6 5 , a n d t h a j f h e w a s h o n o r a b ly d is c h a r g e d S ex te rn b e V 2 0 ,
1 S 6 5 ; t h a t he, t / o , h a s d r a w n a b o u t $ 3 ,4 0 0 ; t h a t lift w a s \ o t
in ju r e d b y r e a s /n o f h is s e rv ic e to h is c o u n t r y ; t h a t % is o id
G5 y e a r s o f a g f ; y e t t h a t h e , n e v e r th e le s s , a ls o is to b e . sin g led ^
o u t a n d m a d / a n e x c e p tio n o f a n d m a d e th e b e n e lick try o f
s p e c ia l p e n s i /n le g is la tio n .
M r . P r e s id e n t, a f e w m o m e n ts a g o a re q u e s t w a s m a d e b y
th e c h a ir m a n o f th e c o m m itte e f o r th e y e a s a n d n a y s to d e te r ­
m in e w h e th e r o r n o t w e w o u ld u n d e r ta k e to e lim in a t e fr o m th e
p e n sio n f o i l th e b o u n ty ju m p e r .
T h e S e n a te b y a n o v e r w h e lm ­
in g v o te d e c id e d it w o u ld n o t d o so.
O n S a tu rd a y I ask ed fo r
th e y e a s a n d n a y s so a s to d e te r m in e w h e th e r o r n o t th e n a m e

i
CONGRESSIONAL RECORD— SENATE.
so ld ie rs ge n e ra lly , it d oe s seem to m e th a t a t le a s t S en a to rs
o u g h t n ot to o b je c t to h a v in g th e m se lv e s so record ed in th e
C o n g r e s s io n a l R e c o r d .
T h e r e fo r e on th is vo te I ask fo r th e
y e a s an d nay s.

M aecbt l i ,
W

field ‘ artillery and* 37 battle flag*
lost a color, ^and
S E ?

v

° ’ 1M5- »

yo,u have caP tj/e d 46 piece

M r. S M I T H o f M ic h ig a n .
M r. P re sid en t, a g re a t d eal h a s
M r. P re sid en t, S ou th ern so ld ie rs d id no
p a r t w ith b a ttle
been said by th e S en a to r fr o m F lo r id a a b ou t th e w ar being
fla gs w ith o u t a fig h t; th ese g lo rio u s emblei
p f th e ir p row ess
o v er b e fo re th e se la te r e n listm e n ts took p la ce in 1865. W ith o u t
o fte n ta tte re d an d torn an d fa d e d , s till lu
th e liv in g so ld ie rs
a n y in tention w h a te v e r o f re v iv in g u n p lea san t m e m ories, in fa c t,
o f L e e to b a ttle f o r d isu n io n even w h m f th e m a d d e n in g c u r­
in a sp irit o f a d m ir a tio n an d o f th e h ig h est ap p reciation fo r
rent o f d is a s te r ran s tro n g ly a g a in s t t y e m ; an d I h a v e heard
th e ir g a lla n tr y an d v a lo r, an d p ra ise fo r the m en o f th e S outh
it said o f th e C o n fe d e r a te so ld ie rs t h y d e a th w a s a t a ll tim e s
w h o fo u g h t in th e rebellion, I say th a t it w a s v e ry difficult to
p re fe r a b le to d e fe a t.
S irs, you do th e m little h on or w hen yo u
co n vin ce th e m th e y h a d been w hipped, alth o u g h th ey m ade
sa y th a t th e re w a s no fierce r e s l s t y c e a fte r th e f a l l o f R ic h ­
little p erm a n e n t h e a d w a y a g a in st th e N o rth and g a v e w a y only
m ond.
a f t e r th e m o st stu b born re sistan ce . I am going to read, in ceT h e B a ttle o f D in w id d ie C o u r t/o u s e , F iv e F o r k s , and S a ilo rs
p ly to th e se sta te m e n ts o f southern S en a to rs, th e actu a l condi­
C reek on A p r il 6 , w h ere 6 ,0 0 0 ^C onfederate so ld ie rs w ere cap ­
tio n o f a ffa ir s a s v iew ed by the co m m an der in c h ie f o f th e C on­
tu red on th e w a y to Appomafcirox S ta tio n , an d th e ca p tu re o f
fe d e ra te A r m y m o re than tw o m o n th s a fte r th e e n listm e n t o f
th e su p p ly tr a in s inten d ed f o y L e e ’ s a r m y on th e L y n c h b u rg P ik e
th e men w h ose records a re being ca lle d in q uestion to-daj\
b y Gen. C u ster, c u ttin g ofy a p ossib le re tr e a t to L yn c h b u rg ,
I read an a d d re ss d elivered by Jefferso n D a v is in D a n v ille ,
h asten ed e ve n ts a t A p p o m a tto x an d b ro u g h t g r e a t cred it to the
Y a ., on A p r il 4, 1 S 6 5 :
U n io n a rm s.
D a n v il l e , Y a ., April i t, 1S G5 .
To the people o f the Confederate States of America:
I re fe r re d on S a tu r d a ^ to G en. C u ste r, a M ic h ig a n sold ier,
The general in chief of our army has found it necessary to make such an d h is C a v a lr y brigade, an d th a t h is u n q u en ch a b le v a lo r and
movements of the troops as to uncover the capital and thus involve
h is u n d y in g h e r o is m y n a y a lw a y s bloo m in th e p a r lia m e n ta ry
the withdrawal of the government from the city of Richmond.
a n n a ls o f th is d a y y f p ropose to re a d a le tte r w ritte n by Gen.
It would he unwise, even were it possible, to conceal the great moral
as well as material injury to our cause that must result from the occu­
S h e rid a n to M rs . O u ster th e d a y fo llo w in g th e su rre n d e r o f the
pation of Richmond by the enemy. It is equally unwise and unworthy
a r m y o f L e e to t]te a r m y o f G r a n t :
of us, as patriots engaged in a most sacred cause, to allow our energies
to falter, our spirits to grow faint, or our efforts to became relaxed
A ppo m atto x Cou rth ou se,
under reverses however calamitous. While it has been to us a source
April 10, 1SG
5.
of national pride that for four years of unequaled warfare we have
Mv D ear M / dam : I respectfully present to you the small writing
been able, in close proximity to the center of the enemy’s power, to
table on whdli tbe conditions for the surrender of the Confederate
maintain the seat o f our chosen government free from the pollution of
Army of northern Virginia were written by Lieut. Gen. G ra n t; and per­
his presence; while the memories of the heroic dead who nave freely
mit me to / i y , Madam, that there is scarcely an individual in our serv­
given their lives to its defense must ever remain enshrined in our
ice who ltfts contributed more to bring about this desirable result than
h earts; while the preservation of the capital, which is usually regarded
your v e i ^ gallant husband.
as the evidence to mankind of separate national existence, was an ob­
r y r e s p e c t fu l l y ,
P h i l . H . S h e r id a n .
ject very dear to us, it is also true, and should not be forgotten, that
M r q /G E N . C u s t e r ,
the loss which we have suffered is not without compensation.
For
Washington, D. C.
many months the largest and finest army of the Confederacy, under the
command of a leader whose presence inspires equal confidence in the
P re sid en t, I k now , o f course, th a t n o S en a to r on eith er
troops and the people, has been greatly trammeled by the necessity of
keeping constant watch over the approaches to the capital, and has
e w o u ld qu estion th e g a lla n tr y o f C u ster.
I k n ow th a t no
thus been forced to forego more than one opportunity for promising
en a to r on eith e r sid e w o u ld w ith h o ld th e j u s t m eed o f h on est
enterprise.
The hopes and confidence of the enemy have been constantly excited by the belief that their possession of Richmond w ouM .f p ra ise th a t is d u e to th e d efe n d e rs o f th e U n io n , no m a tte r
be the signal for our submission to their rule, and relieve them fr
w hence th e y ca m e or h o w lon g th e y served .
T h e ir serv ices
the burden of war, as their failing resources admonish them it must
m ig h t h a v e been g a lla n t an d heroic, even th o u gh th e y e n listed
abandoned if not speedily brought to a successful close. It is for
my countrymen, to show by our bearing under reverses how w
in th e v e ry la s t d a y s o f th e w a r . T h e s e la tte r d a y e n listm e n ts
lias becD the self-deception of those who have believed us less ahfe to
w ere in ob ed ience to th e ca ll o f P re sid e n t L in co ln .
O ne o f the
endure misfortune with fortitude than to encounter danger w ith/ cour
so ld ie rs w h o h a s been re ferre d to a s h a v in g serv ed b u t 4 7 d a y s
age. We have now entered upon a new phase of a struggle, the jnemory
of which is to endure for all ages and to shed an increasing lustier upon w en t im m e d ia te ly a fte r A p p o m a tto x w ith h is C a v a lr y co m ra d e s
our country
f
in to th e W e s t , w h ere th e y se rv ed in th e In d ia n w a rs.
Relieved from the necessity of guarding cities and particrflar points,
important but not vital to our defense, with an army ijree to move
I t is f a r fro m m y p u rp ose to e n k in d le a n y u n p lea san t
from point to point and strike in detail the detachments and garrisons
th o u g h ts in th e h e a r t or m in d o f a n y S en a to r on eith e r side
of the enemy operating on the interior of our own country, where sup­
o f th e C h a m b er, an d y e t I re m in d th e S e n a to r fro m G eorgia
plies are more accessible, and where the foe will be far removed from
Ills own base and cut off from all succor in case of reverse, nothing is an d th e S en a to r fr o m F lo r id a th a t it is n o t en ou gh to sa y th a t
now needed to render our triumph certain but the exhibition of our own
b ecau se a m a n e n liste d in th e la s t d a y s o f th e w a r he d id not
unquenchable resolve. Let us but will it, and we are fre e ; and who,
ren d er g a lla n t an d co n sp icu ou s service, even th o u g h th e record s
in the light of the past, dare doubt your purpose in the future?
Animated by the confidence in your spirit and fortitude, which never m a y n o t sh o w th a t h e w a s w ou n d ed in b a ttle .
yet have failed me, I announce to you, fellow cqhntrymen, that it is my
M r. B R Y A N .
M r. P re sid en t-------purpose to maintain your cause with my whole heart and so u l; that
T h e P R E S I D E N T p ro tem p ore. D o e s th e S e n a to r fro m
I will never consent to abandon to the enemy one foot of the soil of
M ic h ig a n y ie ld to th e S en a to r fr o m F lo r id a ?
any one of the States of the Confederacy ;,That Virginia, noble State,
whose ancient renown has been eclipsed by J5er still more glorious recent
M r . S M I T H o f M ic h ig a n .
C e rta in ly .
history, whose bosom has been bared'to receive the main shock of this
M r. B R Y A N .
D o e s th e S e n a to r fr o m M ic h ig a n be liev e th a t
war, whose sons and daughters have exhibited heroism so sublime as to
render her illustrious in all times to^come— that Virginia, with the
it is e q u ita b le to ta k e m en w h o en liste d in F e b r u a r y o f 1865
help of her people and by the blessing’ of Providence, shall be held and
a n d e le va te th e m b y sp ec ial le g is la tio n ab ove th o se w h o served
defended, and no peace ever be mqoe with the infamous Invaders of
fo r one, tw o, th ree, an d fo u r y e a r s in th e C iv il W a r ?
her homes by the sacrifice of an jr of her rights or territory. If by
stress of numbers we should e v e rb e compelled to a temporary with­
M r. S M I T H o f M ic h ig a n . M r. P re sid en t, I th in k th a t is a
drawal from her limits, or thosar of any other border State, again and
v e r y f a ir in q u iry , an d I w ill s a y to th e S e n a to r fr o m F lo rid a ,
again will we return, until the baffled and exhausted enemy shall
abandon in despair his endlesarand impossible task of making slaves of
in rep ly, th a t I w o u ld m u c h p re fe r to see it d one in som e other
a people resolved to be fre
an d m o re ge n e ra l w a y th a t w o u ld g iv e a ll th e n e ed y sold ie rs o f
Let us not, then, despond? my countrymen ; but, relying on the neverth e U n io n w h a t is th e ir h on est d ue fr o m th e G o vern m en t.
failing mercies and protecting care of our God, let us meet the foe with
N o w , th e S en a to r fr o m F lo r id a h a v in g ask e d m e a qu estion and
fresh defiance, with unc^Cquered and unconquerable hearts.
J e f f ’n D a v i s .
h a v in g been a n sw e re d , I w ill a s k h im -------M r. B R Y A N .
M r. P re sid en t, I su b m it I h a v e h a d no an sw e r
M r. P resid en t, Jr find no f a u lt w h a te v e r w ith h is op tim ism ,
y e t.
I a sk e d th e S e n a to r fr o m M ic h ig a n i f he th o u g h t it w a s
a lth o u g h I l i a ^ m l w a y s fe lt fr e e to critic ize th e p a tr io tis m o f
f a i r to do th a t, a n d h e h a s n ot a n sw e re d th e q uestion.
th e distingutelred p re sid en t o f th e C o n fe d era cy .
H e w a s m is ­
led , undgjikfedly, an d h a d hopes th a t w ere n o t ju s tif ie d ; b u t
th e w a r w as not over w hen J efferson D a v is m a d e th a t a d d re ss
to th e sou th ern people, w h o w ere d ism a y e d b u t e v e r d a u n tle ss
to th e v e ry h ou r o f fa te and w e n t to fin al d e fe a t w ith co lo rs
fly in g an d th e sm o ke o f b a ttle still h e a v y on th e fie ld ; an d it
is p erfe ctly p u erile fo r an y on e to sta n d in th is C h a m b e r an d
contend th a t C en. G r a n t b e fo re P etersb u rg a n d S h erid a n in th e
S h en an d oah V a lle y an d C u ster a t W a y n e sb o ro , a n n ih ila tin g
E a r ly ’ s entire a r m y in M a rc h , 1SG5, w ere n o t engaged in a
tita n ic and ro ya l b a ttle fo r fre ed om a g a in st a w o rth y fo e , but
w ere often d o u b tfu l o f victo ry .
Gen. C u ster issu e d a n a d d re ss




M r. S M I T H o f M ic h ig a n . T h e S e n a to r s a id “ e q u ita b le .”
M r. B R Y A N . W e ll, e q u ita b le an d ju s t.
M r. S M I T H o f M ic h ig a n .
I co n sid er th a t a n y th in g th a t is
d on e fo r a sold ie r is e q u ita b le i f it te n d s to re lie v e h is n ecessi­
tie s an d ligh ten th e bu rd e n s o f life .
M r. B R Y A N . T h e S en a to r th in k s, then, it is j u s t to th e other
so ld ie rs w h o, f o r som e re a son <jr fo r no re a son a t a ll, do not
h a v e sp ecial leg is la tio n fo r th e ir benefit, a lth o u g h th e y m a y
h a v e serv ed d u rin g th e w h o le w a r, to le a v e th e m a s th e gen eral
la w le a v e s th e m , an d ta k e th e se 9 0 -d a y m ilit ia -------M r. S M I T H o f M ic h ig a n . O h , 9 0 -d a y --------

1912.

CONGRESSIONAL RECORD— SENATE.

M r. B R Y A N .
W e l l , t h a t is t h i s c a se , and. it is th e o n ly c a se
to w h ic h I h a v e r e fe r r e d — a n d e le v a te th e m a b o v e th e g r e a t
b o d y o f th e v e te r a n s o f th e U n io n A r m y ?
M r . S M I T H o f M ic h ig a n .
M r . P r e s id e n t, I w o u ld p r e fe r j u s t
a n d v g e n e r o u s g e n e r a l l a w s ; b u t w e h a v e fo u n d it im p o s s ib le to
S et \m ch le g is la tio n f o r th e m a ll.
I a s k th e S e n a to r f r o m
F lo r id a i f w e w o u ld v o te d o w n th e s e sp e c ia l b ills w o u lc l th e
S e n a to r f r o m F lo r id a jo in m e in th e p a s s a g e o f a g e n e r a l p e n ­
sio n lau\ c a lc u la te d to g iv e th e se v e te r a n s th e ir h o n e s t d u e, s u c h
a b ill, fo \ in s ta n c e , a s h a s r e c e n tly p a s s e d th e H o u s e o f R e p r e s e n ta t iv e s ta n d is n o w p e n d in g in th e S e n a te ?
M r. B R Y A N .
D o e s th e S e n a to r d e s ir e m e to a n s w e r th a t
q u e s tio n ?
M r . S M I T H , o f M ic h ig a n .
I d o.
M r. B R Y A N ,
M r . P r e s id e n t, I h a v e ta lk e d so m u c h a b o u t
p e n sio n le g is la tio n t h a t I su p p o se d a n y o n e w h o d e s ir e d to
k n o w m y v i e w s N f th e y a r e w o r th c o n sid e r in g , k n e w th e p o s i­
tio n I h a v e ta k e n !- I s a y to th e S e n a to r f r o m M ic h ig a n t h a t I
w ill g o a s f a r a s \ e w ill to v o te p e n s io n s b a s e d u p on m e r i­
to r io u s se r v ic e in t h a J I i v i l W a r a n d u p on n e e d . I w ill v o te f o r
a n y p e n sio n b ill th a t1 in c lu d e s th o s e tw o ite m s , b u t, in m y
,,
J u d gm en t, it is n o t p ro p p r le g is la tio n to v o te p e n s io n s to th o s e
w h o d o n o t n e e d th e m , ^ ^ o r is it p ro p e r to v o te p e n s io n s to
th o s e w h o e n lis te d b u t re n d e re d n o se r v ic e a n d s u ffe r e d n o
in ju r y b e c a u s e o f th e ir p a tr io t is m .
M r . S M I T H o f M ic h ig a n . 'A ir . P r e s id e n t, d o e s th e S e n a to r
f r o m F lo r id a in d ic a te b y h is p o s itio n t h a t h e w o u ld n o t v o te
to p e n s io n a s o ld ie r in th e U n i o ^ A i u n y w h o w a s n o t w o u n d e d
in a c tio n ?
M r . B R Y A N . I d id n o t s a y that/SVTr. P r e s id e n t
M r . S M I T H o f M ic h ig a n .
T h e S e n a to r s a y s “ m e r ito r io u s .
I s h o u ld lik e to k n o w w h a t h e m eansM >y “ m e r it o r io u s .”
How
d o e s h e d is tin g u is h b e tw e e n m e n w lio \ :o m p o s e d th e A r m y o f
th e U n io n ?
M r. B R Y A N .
I s a id , M r . P r e s id e n t, s t o l e tim e a g o t h a t I
b e lie v e d m e r it o r io u s se r v ic e a n d n e ed sh o u ld c o e x is t a s p re ­
re q u is ite to a p e n sio n , b u t b e c a u s e o f th e f a t t t h a t th e r e w e r e
th o s e n o w r e c e iv in g a id o f th e G o v e r n m e n t w n p c o u ld ill a ffo r
to h a v e t h a t a id ta k e n a w a y , I w o u ld v o te to p e n sio n th o s e w '
su ffe r e d n o in j u r y p r o v id e d th e y w e r e in n e e d o t p en sion .
M r . S M I T H o f M ic h ig a n .
W h a t sh o u ld b e th e ir n e c e ^ t y —
p o v e r ty ?
M r. R R Y A N .
Y e s , sir.
M r . S M I T H o f M ic h ig a n .
O ld a g e ?
M r . B R Y A N . D o e s th e S e n a to r fr o m M ic h ig a n
M r . S M I T H o f M ic h ig a n .
I f th e S e n a to r w iU ^ p e rm iY m e , I
bsive th e flo or.
W o u l d p o v e r ty a n d o ld a g e b e ^ re a so n s foi* v o t ­
in g p e n s io n s to so ld ie r s o f th e U n io n A r m y ?
M r. B R Y A N .
I th in k s o ; u n d o u b te d ly .
M r . S M I T H o f M ic h ig a n .
W o u ld p h ysiaffl a ilm e n t s , n o t P 1
h a p s th e r e s u lt o f w o u n d s , b u t e x p o s u r e ^ R e o n e o f th e re a son s'
M r. B R Y A N .
U n le s s d u e to th e s e r j f c e ; n o.
M r . S M I T H o f M ic h ig a n .
T h e y w o r ld n ot b e?
M r. B R Y A N .
T h e y w o u ld n o t JjK
S im p ly f o r th e re a so n
t h a t a m a n e n lis te d , a lth o u g h l i e /r e n d e r e d no a c tu a l s e rv ic e
a n d c a n n o t tr a c e a n y in ju r y t o ^ l i e w a r , I w o u ld n o t v o te to
g iv e h im a p e n sio n o r v o te fo r■ jf g e n e r a l b ill g iv in g h im one.
M r . S M I T H o f M ic h ig a n ,
M o o n e e ls e p r o p o se s to g iv e h im a
P ension i f h e d id no s e r v ic e y f m t a m a n m a y h a v e b een a m o s t
efficient s o ld ie r a n d n o t Inure b een w o u n d e d in b a ttle .
H e m ay
h a v e b een a m o s t cfiiciejjff so ld ie r w ith o u t h a v in g a h o s p ita l
record . H e m a y h a v e hjfen a m o s t g a lla n t s o ld ie r a n d n o t h a v e
su ffe re d g r e a t ly a t t liy ff im e , a n d y e t b e u n a b le b e c a u se o f t h a t
se rv ic e to w ith s ta n d y fr s e ffe c t u p on h is d e c lin in g y e a r s .
T h ere
a r e h u n d r e d s a n d G re u sa n d s o f m en w h o fo llo w e d B e e, a s th e r e
a r e th o se w h o fo llo w e d G r a n t, w h o w e r e n o t w o u n d e d , b u t th e
f a c t t h a t th e y E n c o u n te r e d th e lo n g m a r c h e s , th a t th e y m a y
h a v e su ffe r e d
A r m y p r is o n s , th a t th e y m a y h a v e been c a lle d
uPon to braw F s to r m s a n d tr ia ls , e n title s th e m to th e g e n e ro u s
co n s id e r a tio n o f th e G o v e r n m e n t th e y h e lp e d to sa v e .
M r . B R 1 P A N . D o e s th e S e n a to r f r o m M ic h ig a n a g r e e o r d oes
h e n o t E g re e w ith a f o r m e r C o n g r e s s m a n f r o m M ic h ig a n — I
h e lie v c y fie w a s fr o m M ic h ig a n , th e S e n a to r ’ s S ta t e — a n d w h o
h a s J jf e n p a s t g r a n d c o m m a n d e r o f th e G r a n d A r m y o f th e
■Reminbiic, in a s ta te m e n t -------- '
u*. S M I T H o f M ic h ig a n .
I r e c o lle c t w h a t th e S e n a to r s a id
S a tu r d a y .
,
„ . _
M r. B R Y A N .
T h a t o v e r 6 0 0 ,0 0 0 o f th e la t t e r -d a y e n lis te d
uien n e v e r s a w s e r v ic e , a n d th a t it is u n f a ir to p u t th e m on an
e q u a lity w ith th e v e te r a n s o f th e A r m y ?
M r . S M I T H o f M ic h ig a n . E v e n th o u g h th e y w e r e e x p o s e d to
th e r a in a n d th e sle e t a n d th e s n o w t h a t w e r e in c id e n ta l to
th e ir lo n g m a r c h e s a n d to o k u p on th e m s e lv e s a ll th e b u r d e n s
u ud d is c o m fo r t s o f w a r ?
M r . B R Y A N . B u t re c e iv e d no i n ju r y f r o m it.




3139

M r . S M I T H o f M ic h ig a n .
O h , M r . P r e s id e n t, m a n y a v o lu n ­
t e e r s o ld ie r h a s g o n e to a p r e m a tu r e g r a v e b y re a so n o f th e
lo n g m a r c h e s a n d th e s u ffe r in g h e e n d u r e d in th e S o u t h ; a n d
it w ill n o t d o to s a y , b e c a u s e h e h a p p e n e d to e s c a p e th e v i g i­
la n c e a n d s k ill o f th e s h a r p s h o o te r a n d w a s n o t p ic k e d o ff b y a
s o u th e r n b u lle t , t h a t h e re n d e re d n o s e rv ic e o f d is tin c tio n to
h is c o u n tr y .
M r . M c C U M B E R . M r . P r e s id e n t-------T h e P R E S I D E N T p ro te m p o r e .
D o e s th e S e n a to r f r o m
M ic h ig a n y ie ld to th e S e n a to r f r o m N o r t h D a k o t a ?
M r . S M I T H o f M ic h ig a n .
I do.
M r. M c C U M B E R .
Mi*. P r e s id e n t, th e w a r c lo s e d n e a r ly 4 7
y e a rs ago.
I t h a s ta k e n u s, th e r e fo r e , n e a r ly 4 7 y e a r s to le a rn
t h a t th e b a s is o f o u r p e n s io n s y s t e m h a s beeij w r o n g in e v e ry
re s p e c t. A l l o f o u r p e n s io n le g is la tio n , b a s e d u p o n s e rv ic e , h a s
r e c o g n iz e d th e s ta n d a r d o f 9 0 d a y s ’ s e r v ic e t o e n tit le th e so ld ie r
to th e c o n s id e r a tio n o f h is c o u n tr y .
U m T in til th e p r e s e n t tim e
w e h a v e n o t c h a n g e d th a t la w . A m m r w l i o s e rv e d 9 0 d a y s h a s
d u r in g a ll th e s e y e a r s r e c e iv e d e x a c t ly a s m u c h f o r a g iv e n
c o n d itio n a s th e m a n w h o s e a r e d d u r in g th e e n tir e w a r .
M r . P r e s id e n t , th e r e m u s t h a ^ T b een s o m e th in g in t h a t b a s is
o f p e n s io n th a t a p p e a le d eitirer to th e A m e r ic a n p e o p le o r to
th e s o ld ie r s w h o a r e in te r e s te d , or it w o u ld h a v e b e e n m o d ifie d
a n d d is p o s e d o f v e r y m a u y y e a r s a g o.
M r. B R Y A N .
M r . R e s i d e n t -------T h e P R E S I D E N T V to te m p o r e . D o e s th e S e n a to r f r o m N o r t h
D a k o t a y ie ld to t h ^ B e n a t o r f r o m F lo r id a ?
M r. M c C U M B E R .
I y ie ld .
M r . B R Y A N r D o e s th e S e n a to r fr o m N o r t h D a k o t a c la im
t h a t p r io r toreh e a c t o f J u n e 2 7 , 1 8 9 0 , th e r e w e r e a n y p e n s io n s
p a id to t h j^ e w h o c o u ld n o t tr a c e i n ju r y to th e ir s e r v ic e in th e
w ar ?
M i\ J fT c C U M B E R .
I m e a n to s a y t h a t s in c e th e w a r c lo s e d a
S iv ^jr c o n d itio n h a s a lw a y s b e e n th e b a s is o f th e p e n sio n
g i j f f t e d — th e c o n d itio n o f th e s o ld ie r — t h a t s e r v ic e o r le n g th o f
v ice w a s n e v e r ta k e n in to c o n s id e r a tio n -------M r. B R Y A N .
B u t i n ju r y w a s .
M r. M c C U M B E R .
A n d t h a t s in c e J u n e 2 7 , 1 8 9 0 , w h e n w e
p a s s e d th e p e n s io n b ill o f t h a t d a te , u p u n til th e p re s e n t tim e ,
th e r e h a s b e e n n o d e m a n d t h a t w e s h o u ld re c o g n iz e a d iffe r e n t
s ta n d a r d th a n th e s ta n d a r d o f 9 0 d a y s ’ se rv ic e .
M r. B R Y A N .
P r io r to 1 8 9 0 th e b e n e fic ia r y h a d to tr a c e h is
i n ju r y to th e s e r v ic e b e fo r e h e c o u ld b e e lig ib le to re c e iv e a
p e n s io n ?
M r. M c C U M B E R .
U p u n til 1S90.
M r . B R Y A N . T h e n it h a s n o t b een 4 7 y e a r s .
M r . M c C U M B E R . B u t i f p r io r to 1 8 9 0 a m a n lo s t a n a r m , he
w o u ld re c e iv e th e s a m e p e n s io n , w h e th e r h e s e r v e d o n e d a y o r
w h e t h e r h e s e rv e d d u r in g th e e n tir e w a r .
M r . B R Y A N . C e r t a i n l y ; i f h e w a s in ju r e d .
M r. M c C U M B E R .
C o n g r e s s h a s m a d e n o d is tin c tio n b e c a u s e
th e s e r v ic e o r ig in f o r w h ic h th e p e n s io n w a s g iv e n , n o r h a s
e c o g n ize d a n y th in g b u t 9 0 -d a y s e r v ic e a s th e s ta n d a r d f o r
th ^ V gran tin g o f a s e r v ic e p en sio n .
is h to clo s e th is d is c u s s io n b e fo r e 4 o ’ clo c k , i f I c a n . T h e
S e n a t V h a s c r itic iz e d th is p a r tic u la r b ill. N o w , le t u s s e e w h a t
th e r e i \ i n th e b ill.
T h e S e n a to r e v id e n tly n o t o n ly d is a g r e e s
w ith t h e \ > u r e a u o f P e n s io n s a s to w h e n th e w a r clo se d , b u t lie
d is a g r e e s y d tli th e la w a s to w h e n th e w a r c lo se d . H e d is a g r e e s
w ith th e P r e s id e n t o f th e C o n fe d e r a c y a s to w h e n th e w a r
clo s e d , a n d N
d is a g r e e s w ith m y fr ie n d , th e S e n a to r fr o m
M ic h ig a n , a s t d t o h e n th e w a r clo se d , a n d w ith a ll th o s e a u t h o r i­
tie s a g a in s t h iim k e s p e c ia lly th e a u t h o r ita tiv e s ta te m e n t o f th e
P r e s id e n t o f t h e V lo n f e d e r a c y a n d th e la w o f th e la n d , th e
S e n a to r o u g h t to a c t o i t th a t th e w a r d id n o t c lo s e A p r i l 9 , 1 8 6 5 .
M r. B R Y A N .
M i x V r e s i d e n t -------T h e P R E S I D E N T plto te m p o re . D o e s th e S e n a to r f r o m N o r t h
D a k o t a y ie ld to th e S e i \ o r f r o m F lo r id a ?
M r. M c C U M B E R .
C e r V i n ly .
M r. B R Y A N .
I th in k afS er th e S e n a to r h a s m a d e t h a t s t a t e ­
m e n t h e o u g h t to a llo w m e
s u g g e s t to h im t h a t on S a t u r d a y
I s ta te d th a t I co n ce d e d t h a V t h e w a r w a s o ffic ia lly d e c la r e d
c lo s e d on A u g u s t 2 0 ,1 8 6 6 , b u t tlito , a s I h a d u n d e r s to o d , u n til th e
S e n a to r f r o m M ic h ig a n e s t a b li s h ^ ! h is r e p u ta tio n a s a h is t o r ia n ,
a n d th a t o f th e g r e a t th r e e d a y s ’ I V t t le a t A p p o m a t t o x , th e w a r
c lo s e d on A p r il 9 ,1 8 6 5 .
I w o u ld n o t Q u e s tio n th e a c c u r a c y o f h is ­
to r ia n s . B u t I w o u ld r a th e r q u e s tio V th e a c c u r a c y o f th e h is ­
to r ia n th a n to h a v e re m o v e d f r o m m y u\ind th e v iv id d e s c r ip tio n
o f th e g r e a t b a ttle o f A p p o m a t t o x o f tlito e d a y s ’ s ta n d in g .
So
I th in k it i s h a r d ly f a i r f o r th e S e n a to r arom N o r t h D a k o t a to
s u g g e s t th a t I h a v e tr ie d to m a k e it a p p e !\ t h a t th e w a r te c h ­
n ic a lly c lo se d p rio r to A u g u s t , I 8 6 0 .
T k n o \ it d id n o t ; a n d I
a m o f th e o p in io n t h a t th o s e s o ld ie r s w h o s e i\ e d a f t e r th e r e a l

r

CONGRESSIONAL RECORD— SENATE.

3140

figh tin g w a s o v er a ssu m e m o re th e a ttitu d e ojbtechnical sold iers
th a n o f real v e te ran s o f a g re a t w a r
i
M r. M c C U M B E R .
A t le a st w e h a v e th e record o f the M ichild w e have given a
\ gan c a v a lr y in th e C ongressional R ecord
and w e have done
\ g r e a t d e a l o f im m o rta lity to th e ir h istor
Jut I do not w ant to
s o m e good in the tim e w e h a v e ta k e n up.
Lt least
_________ it is all over
spend a n y m o re tim e upon th a t b a ttle .
n aw , an d I am re a d y n ow to get rig h t b a c f to th is case o f w hich
tlid. S e n a to r co m p la in s.
d lje S e n a to r s a y s the ap p lica n t se rv ed 4 7 d a y s, I think, or
so m eth in g o f th a t k in d , an d I notice th a t h e is now d ra w in g a
pen sion o f $ 2 0 a m o n th un d er th e a c t dr 1907. U n d e r th a t ac t
h e co u ld n o t d ra w a pension o f th a t rate per m on th u n le ss he
h a d been h eld to h av e served 9 0 d a y s. I I n loo k in g over the b r ie f
record I h a v e h ere I a lso ob serve t h a / he ob tain ed th e h igh est
p en sion — $12 a m o n th — un d er th e l f /) 0 la w . T h a t w a s som e
tim e ago. \ a co n sid erab le tim e a g o /l i e m a d e h is ap p lication
u n d er th e iXw o f 1890, a n d w a s rece iv in g under th a t la w the
h ig h e st pension th a t could be gra n ted , and th a t pensioii w ou ld
n o t h a v e b een gra n te d u n le ss t h e /d e p a r tm e n t fo u n d he w as
w h o lly physica\ly disabled.
M r. B R Y A N . V M r. P re sid en t
M r. M c C U M B E R .
J u st a m onfent. H e is a m a n 80 y e a rs
o f age, an d e v id e n tly h a s n ot v / r y m a n y y e a r s to live . T h e
report sh ow s t h a t 'h e is b r o k e n /d o w n fro m p iles, h ern ia , an d
general and sen ile cV h ility, an d / s w h o lly u n ab le to earn a liv ­
in g by m a n u a l la b o r ,v m d it fu r /h e r ap p e a rs th a t h e is w ith o u t
p ro p e rty or m e a n s a im is e n tire ly d ependent upon h is p ension
fo r su pport.
In v iew o f h is p /v e r t y an d gen eral d is a b ility the
co m m itte e re c o m m e n d e d \ m in /r e a s e o f $4 per m o n th .
We
ognizo th a t th e service w jis /h o r t .
H a d lie served a y e a r
ce rta in ly w ou ld h a v e give]
fm a t le a st $30 a m o n th upon
p h y sic a l sh ow in g.
N o w , th e S en a to r com pla g a good d eal a b o u t ou r giving
m an w h o serv ed 9 0 or G *
ly s th e sa m e am o u n t, und$
p riv a te pension bill, th a t
e g \ e one w h o served th e full,
y e a r s.
M r. B R Y A N .
N o . T h i t is h a V lly a fa ir sta te m e n t.
M r. M c C U M B E R .
I d ec lin e to H e ld , M r. P re sid en t.
T h e P R E S I D E N T p ip te m p ore.v T h e S en ator fror
N o rth
D a k o ta d eclin es to y ie
M r. M c C U M B E R .
tjfe h a v e to h a v \ th is c la im a n t b e fo re us
W e h a v e to, a s n e a r ly as w e can, look h im in th e f a te .
We
h a v e to u n d ersta n d h p p h y sic a l condition , an d i f h is P hysical
con dition is w orse tarin th a t o f one w li\ h as served oire y e a r
o r tw o y e ars, th e n / v e r y im p u lse o f h u m a n ity , c o u p le r w ith
th e sen se o f n a t i o i / l gratitu d e , d e m a n d s\ tlia t w e sh alk give
th is old, h e lp less, veteran , w h o served no lin g e r th a n f o \ r or
five m on th s, a g r e a /e r a m o u n t th a n w e w ouldAgive to a youJyger
one, w ho is still I n h is h ealth , w ho served -p ossib ly fo r s ix
m o n th s.
T h is co m m itte e is a co m m itte e th a t a c ts on th e equir_
side, an d so l o n g /i s w e recognize a se n tim e n t o f ge n e ro sity to ­
w a rd the o ld sold ier, so lon g a s w e fe e l th a t w e sh ou ld reco g­
n ize him and hJs service, th a t se n tim e n t sh ou ld b e exp re sse d
in a m a n n er to flook first a fte r d e s t itu t io n ; an d w e can n ot do
th a t under a ghneral la w .
I f w e d id th a t, a n d g ra n te d eve ry
m a n a pensioii e x a c tly in accord an ce w ith h is j u s t d eserts,
m e asu red one /m a n w ith th e other, th e re w o u ld b e a s m a n y
d ifferen t s ta n d a rd s a s th e re a r e in d iv id u a ls upon th e pen sion
roll.
•|
So
e noFfiiug' a m iss Tm gCTTTftrty-4khL,oId
is s n
y e a r s o f ag e, $4 a m on th m ore fo r th e b a la n ce o f
ife th a n h e is re ce iv in g un d er th e p re sen t la w .
T h e P R E S I D E N T pro tem p ore. T h e qu estion is on ag re e in g
to th e a m en d m e n t offered by th e S en a to r fr o m F lo r id a [M r .
B r y a n ]. U p on th a t th e S en a to r fro m F lo r id a d em a n d s th e
an d n ays.
t
-eas an d n a y s w ere ordered.
M r. SMUUT: L5t 'tfie T m F n U n ltM bd
T h e Secretary . O n p age 5, strik e o u t lin e s 2 0 to 2 3 , in clu ­
siv e, re la tiv e to th e pension o f F r a n c is M . C o x.
T h e P R E S I D E N T pro tem pore.
T h e S e c re ta ry w ill c a ll th e
roll.
T h e S e c re ta ry proceeded to c a ll th e roll.
M r. D I L L I N G H A M (w h e n h is n am e w a s c a lle d ).
I ann ounce
m y general p a ir w ith th e sen ior S en a to r fr o m S ou th C a rolin a
[M r . T i l l m a n ] an d w ith h o ld m y / o t e .
M r. L E A (w h e n h is lhpne w a s ic a lle d ).
I h a v e a gen era l p a ir
w ith the ju n io r S en a to r Tfcom R h o d e Is la n d [M r . L ip p it t .]
As
I do n ot know h ow h e w oX jd ^ o te on th is q u estio n , I w ith h o ld
m y vote.
M r. J O N E S (w h e n M r. P'5o? dexter ’ s n a m e w a s c a lle d ) .
I
d esire to ann ounce th a t i f m y d^lleagu e [M r . P oindexter ] w ere
p resen t, he w ou ld vo te “ n a y .”

■




..

M M M B llB H

M

a k c ii

l i

-?

M r. W I L L I A M S (w h e n h is aft m e w a s c a lle d ) .
I a m paired
w ith th e sen ior S e n a to r f r o m /P e n n s y lv a n ia [M r . P enrose ],
if
h e w ere p re sen t an d I wcvejft lib e rty to vo te upon th is particu­
la r am en d m en t, I w ou ld
“ n a y .”
T h e ro ll c a ll w a s conclud ed .
M r. G U G G E N H E I M jr I h a v e a gen era l p a ir w ith th e senior
S e n a to r fro m K e n tu c ffr [M r . P a y n t e r ], w h o is n o t here. So I
w ith h o ld m y v o '
M r. O L I V E R , iftly co lle a g u e [M r . F enrose ] is n e ce ssarily
absent. I f he w /r e p resen t, he -would vo te “ n a y .”
M r. C L A R y o f W y o m in g .
I h a v e a g e n e ra l p a ir w ith the
S en a to r f r o n ^ I i s s o u r i [M r . S tone ]. I tr a n s fe r m y p a ir to the
S en a to r fro^n N o rth D a k o ta [M r . G r o n n a ] and vo te “ n a y .”
M r. G A JK D N ER .
M y co lle ag u e [M r . J ohn son o f M a in e ] j s
necessaidffy a b sen t fr o m th e C h a m b e r.
W e r e h e p resen t, he
w ou ld ^ » t e “ n a y .”
1 A P P . I h av e a ge n e ra l p a ir w ith th e sen ior S en ator
L
f r o n y N o r t h C a ro lin a [M r . S im m o n s ].
N o t k n o w in g h ow he
w o i/fd vote, I w ith h o ld m y vote.
I f h e w ere p re sen t, I would
v o te “ n a y .”
/ M r. C U M M I N S .
M y co lle a g u e [M r . K e n y o n ] is a b s e n t
If
h e w ere here, he w o u ld v o te “ n a y .”
M r. C R A W F O R D .
I desire to again state a n d have the

statem ent stand fo r all fu tu re roll ca lls to-day that m y co l­
league [M r . G a m bl e ] is necessarily absent an d that he lias a
gen era l pa ir w ith th e ju n io r S e n a to r from A r k a n s a s [M r
D a v is ].
colleagu e w ere present, he w ould v o t e '
oq > M ‘S''question.
T h e re su lt w a s a n n ou n ced — y e a s 4, n a y s 5 0, a s f o l l o w s :
Y E A S — 4.
Bryan
Martin, Va.
Smith, Ga.
Swanson
N AY S— 50.
Borah
Culberson
McCumber
Shively
Cullom
Bourne
McLean
Smith, Mich.
Bradley
Cummins
Martine, N. J.
Smoot
Curtis
Brandegee
Myers
Sutherland
Briggs
du Pont
Nelson
Taylor
Foster
Bristow
Nixon
Thornton
Brown
Gallinger
O’Gorman
Townsend
Burton
Gardner
Oliver
Warren
Hitchcock
Chamberlain
Overman
Watson
Johnston, Ala.
Chilton
Page
Wetmore
Clark, Wyo.
Jones
Perkins
Works
Kern
Clarke, Ark.
Pomerene
Lodge
Root
Crawford
Bacon
Bailey ..
Bankhead
Burnham
Clapp
Crane
Davis
Dillingham
Dixon
Fletcher

NOT VOTING— 37.
Lorimer
Gamble
Newlands
Gore
Owen
Gronna
Paynter
Guggenheim
Penrose
Heyburn
Percy
Johnson, Me.
Poindexter
Kenyon
Rayner
La Follette
Reed
Lea
Richardson
Lippitt

Simmons
Smith, Md.
Smith, S. C.
Stephenson
Stone
Tillman
Williams
J*
F

So Mr. B r y a n ’ s am endm ent w as rejected.
s e r v ic e

p e n s io n s .

M t M fh T H tB F.Tl,
I a s k th a t th e u nfinished b u sin e ss be la id
b e fo re th e S enate.
T h e P R E S I D E N T p ro tem p ore. T h e h o u r o f 4 o ’clock h a v in g
arriv e d , th e C h a ir la y s b e fo re th e S en a te th e u nfinished b u si­
ness, w h ic h is H o u s e b ill 1.
T h e S en a te , a s in C o m m itte e o f th e W h o le , p roceed ed to con­
sid er th e b ill ( H . R . 1 ) g r a n tin g a se rv ice p en sion to ce rtain
defined v e te ra n s o f th e C iv il W a r an d th e W a r w ith M ex ico .
M r. M c C U M B E R .
T h e b ill h a s n o t been re a d .
T h e P R E S I D E N T p ro tem p ore.
T h e S e c re ta ry w ill read the
T h e S e c r e t a r y A T h e C o m m ittee on P e n sio n s p rop oses to
s trik e o u t a ll a f te r V h e e n a c tin g c la u se an d in s e rt-------M r. W I L L I A M S . V sh ou ld lik e to a s k th e S e n a to r fr o m N o rth
D a k o ta a q u estio n b \ fo re th e re a d in g . W h a t b ill is th is ?
is
th is th e so-calle d M cdknnber b ill or is it th e S h erw o od b ill?
M r. M c C U M B E R . \ t is th e S h erw o od b ill am end ed b y a
su b stitu te , w h ic h w a s fh e p a r e d b y th e co m m itte e.
M r. W I L L I A M S .
I t \ s g e n e ra lly k n ow n in th e p re ss a s the
M c C u m b e r b ill, is i t n o t ;
M r. M c C U M B E R .
It
ieems to be k n ow n u n d er several
n a m es.
M r. O V E R M A N .
I t is
le S h e rw o o d b ill th a t is up, w ith
th is a s a n am en d m e n t.
M r. M c C U M B E R .
A subsi [u te fo r th e S h erw o o d b ill,
M r. O V E R M A N .
T h e S lier ip o d b ill is up, a n d th is is a su bs titu te offered f o r it.
M r. M c C U M B E R .
Y es.
T h e P R E S I D E N T p ro te m p or< \ T h e C h a ir w o u ld sta te fo r
th e in fo r m a tio n o f th e S en a te tlia ^ it is a H o u s e b ill w h ich is

1912
1912.

CONGRESSIONAL RECORD— SENATE.
EEC0KD— SENATE

B y M r. B R O W N :
, A b ill ( S . 5 S 0 6 ) to c o r r e c t t h e n a iT l re c o rd o f F r a n k lin P ie r c e
a
( w it h a c c o m p a n y in g p a p e r )
to th e C o m m itt e e on N a v a l A ff a ir s .
A Wijjl ( S . 5 S 0 7 ) g r a n t in g a n in c r e a s e o f p e n sio n to T h e o d o r e
H . W i % m ; to th e C o m m itt e e on P e n sio n s.
By M \ JO N ES
A b ill \ s . 5 S 0 S ) g r a n t in g a r ig h t o f w a y a c r o s s P o r t D i s ­
c o v e ry B a \ l J n i t e d S t a t e s M i li t a r y R e s e r v a tio n to t h e ’ S e a ttle ,
P o r t A n g e le S ^ c L a k e C r e s c e n t R a i l w a y o f th e S t a t e o F W a s h i n g ­
ton
to th e C o m m itt e e on M i li t a r y A ff a ir s .
B y M r. C R A W F O R D
A b ill ( g . 5SC?3>i g r a n t in g a n in c r e a s e o f pisnsion to S o p h ia
B y a n ( w i t h a c c o im ia n y in g p a p e r )
to th e i€k>m m ittee on P e n ­
sion s.

;

:

;

:

;

O
k

/

8183

a s to j u s t th e t im e t h a t h e s h a ll t a k e f o r th e r e p o r t.
I /le a v e
t h a t to h is o w n d is c r e tio n .
M r. G A L L IN G E R .
I h a v e n o tic e d t h a t in c o n se q u e n c e o f th e
g r e a t s t r ik e t h a t is n o w o n in G r e a t B r it a i n a n d in J f r a n c e a n d
in G e r m a n y , to s o m e e x te n t, th e p r ic e s o f th o sa ?*c o in m o d itie s
h a v e ris e n v e r y g r e a t ly d u r in g th e l a s t tw o o r
w eek s.
M r . C U M M I N ^ ., I h a d n o t, o f c o u rse , in it ia le d to ta k e in to
a c c o u n t th o s e e x t i 'a o ^ d in a iy flu c tu a tio n s .
M r. G A L L IN G E R .
a s s u m e th a t u A w i a l l g e t o n ly a p p r o x i­
m a te i n f o r m a t io n a t b e l t , h u t I th in h ^ r h a t is v e r y v a lu a b le .
I
d id n o t r is e to o b je c t to th e re so lu h ^ m a t a ll.
T h e r e s o lu tio n w a s considet|gP* b y u n a n im o u s c o n s e n t a n d
a g r e e d to .

'I

.dF >
(S; ^00.

WATER RIGHTS I]^J#AWAII

NO. 403).

M r. W A R R E N .
I askgJSThave p rin te ii asm. d o c u m e n t c e r ta in
B y M r. B R A N D E G B E :
j f
A b ill (S. 5 8 1 0 ) f o r o t e r e lie f of. ,th e e s ta te o f A n d r e w C.
p a p e r s w h ic h I se n d u r i n e d e sk .
T h e y a re ' fr p m th e W a r D e ­
N a s h ; to th e C o m m itt e e I m C l a i m s . , ,
p a r tm e n t, r e s p e c t im ^ f n e so u r c e o f th e w a te r s u p p ly f o r c e r ta in
A r m y p o s ts in th u ^ H a w a iia n I s la n d s .
B y M r. G A L L I N G E I l
A b ill ( g . 5 S 1 1 ) r e la t in g i \ i i r e in s u r a n c e c o m p a n ie s in th e
T h e P R E S I M £ ? N T p ro te m p o r e .
T h e o r d e r w ill b e e n te re d ,
w ith o u t o b je c tio n .
D is t r ic t o f C o lu m b i a a n d
ok
A b ill ( g . 5 8 1 2 ) to p r o v id e fo r^ U ie r e g u la tio n a n d in c o r p o r a riLpf^TING O PARCEL-POST BILLS (S. D C NO. 430).
F
O.
P ° n o f in s u r a n c e c o m p a n ie s h u d to ^ r e g u la te t h e tr a n s a c tio n o f
M r. C r n R K E o f A rk a n sa s.
I a s k u n a n im o u s c o n s e n t to h a v e
in s u r a n c e b u s in e s s in th e D i s t r i c t o f A E o lu m b ia to th e C o m m it­
p rin tjM jrrogeth er, a s a g e n a te d o c u m e n t, c o p ie s o f a ll p r in t s o f
tee on th e D i s t r i c t o f Colja'm bia.
b illj^ m o w p e n d in g in b o th H o u s e s f o r th e e s ta b lis h m e n t o f a
A b ill ( g . 5 8 1 3 ) to g i v e p r e fe r e n c e in u n c i v i l se r v ic e to th o s e
parr-el p o st.
P erson s w h o h a v e b e e n -'lio n o r a b ly d isch a rls& l f r o m th e m ilit a r y
. / T h e P R E g I D E N T p ro te m p o r e .
W i t h o u t o b je c tio n , it w ill be
e r n a v a l se r v ic e o f th d U n it e d S t a t e s to th e ^ & m im it te e on C iv il
;*so o r d e r e d .
S e r v ic e a n d R e tr e n c h m e n t.
SEMINOLE PATENTS S. D C NO. 405
O.
B y M r. W A T S O N :
M r. O W E N .
1 p r e s e n t c e r ta in p a p e r s r e la t in g to p a te n t s to
A b ill ( S . 5 S L 4 ) to p r o v id e f o r th e e re c tio n o f l l y m b l i c b u ild ­
la n d s o f th e S e m in o le In d ia n s .
I m o v e t h a t th e p a p e r s be
in g a t C h a r le s T o w n , W . V a . to th e C o m m itt e e on P u b lic B u ild ­
p r in te d a s a p u b lic d o c u m e n t a n d r e fe r r e d to th e C o m m itte e on
in g s a n d G r o u n d s.
I n d ia n A f f a ir s .
B y M r. P O M E R E N E :
T h e m o tio n w a s a g r e e d to .
A b ill ( S . 5 8 1 5 ) g r a n t in g a p e n sio n to C a th e r in e H u b e r ; to
COTTON-MILL LIFE IN NORTH CAROLINA.
th e C o m m itt e e on P e n sio n s.
B y M r. W A R R E N
\M r. O V E R M A N .
I a s k to h a v e p r in te d in th e R ecord a n e x ­
A b ill ( S . 5 8 1 6 ) g r a n t in g a n in c r e a s e o f p e n sio n to H e n r y PI.
tr a c t f r o m th e G r e e n s b o r o N e w s o f M a r c h 9 c o n ta in in g le tte r s
I lo U h e n s t i n o ;
th e
.u a i i i U i li i H i s i w t s ..
.
______ '
f r o n i so m e c o tto n -m ill h a n d s e m p lo y e d in th e m ills a t G r e e n s B y M r. O T T E X
, b oro, aN . C .
A j o i n t re s o lu tio n ( S . J . R e s . 8 5 ) r e la t iv e to p a te n ts to
T li e N l’ R E S I D E N T p ro te m p o r e .
T h e S e n a to r fro#n N o r t h
a llo tte d la n d s in th e S e m in o le c o u n tr y , a n d f o r o th e r p u r p o s e s ;
C a r o lim K a s k s to h a v e p r in te d in th e CongbessionaeJ$Iecord a
and
p a p e r w liV h h e s e n d s to th e d e s k . W i t h o u t o b je c t i o n it w ill be
A j o i n t r e s o lu tio n ( S . J . R e s . 8 6 ) r e la t iv e to th e d e liv e r y o f iso o r d e r e d X
p a te n ts to a llo t te d la n d s w ith in th e li m i t s o f th e F i v e C iv iliz e d
T h e m a tte W r e fe r r e d to is a s f o llo w s
T r ib e s , a n d f o r o th e r p u r p o s e s to th e C o m m itt e e on In d ia n
COTTON-MILL LIFE.
A ffa ir s .
The Daily Newk some days ago expressed itself in retard to the slan­

: V

W

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O
t
X.

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C
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:

i

AMENDMENTS T R
O IVER AND HARBOR BILL.

^

M r.
p r o A 'id itt^ to r th e
su r v e y o f th e S t. J o h n s R iv e r f r o m th e o u tle t o f L a k e H a r n e y
L alck , W a s h in g t o n , F la ., e tc ., in te n d e d to be p ro p o se d b y h im
to th e riv%^ a n d h a r b o r a p p r o p r ia tio n b ill (PI. R . 2 1 4 7 7 ) , w h ic h
w a s re ferre ftv to th e C o m m itt e e on C o m m e r c e a n d o r d e r e d to be
P rin ted .
H e a ls o s u b m itte d a n a m e n d m e n t p r o v id in g f o r
ch an n el
fr o m P in e la n d on R h ie I s la n d , L e e C o u n ty , F la ., etna in te n d e d
to be p ro p o se d b y
to th e r iv e r a n d h a r b o r jP ppropriatioD
b ill ( H . R . 2 1 4 7 7 ) , w i^icli w a s r e fe r r e d to th ft.■C om m ittee on
C o m m e rc e a n d o r d e r e d nkdie p rin te d .
H e a ls o s u b m itte d a n B ttieiid m eiit p r o p o s ^ g to a p p r o p r ia te
0 0 0 f o r im p r o v in g g t .^ w i c i e In le t , J jri., etc., in te n d e d to
ee P ro p o sed b y h im to th e rrtfer a n d h a r b o r a p p r o p r ia tio n b ill
( H . R. 2 1 4 7 7 ) , w h ic h w a s r e f u t e d tq -H he C o m m itt e e on C o m ­
m e rc e a n d o r d e r e d to b e p r i n t e d ^ L A r
M r . PERKINS s u b m itte d a n a p i » d m e n t p ro p o sin g to a p p r o ­
p ria te $100,000 f o r t h e i m p r o j j p i u j k o f th e g a c r a m e n to an d
l e a t h e r R iv e r s , C a l., e tc ., in t e r n e d t o l t e p ro p o se d b y h im to th e
rive r a n d h a r b o r a p p r o p r i a t e ^ b ill (rfckR. 21477), w h ic h w a s
re fe rre d to th e C o m m i t i e e f o n C o m m e llfe a n d o rd e re d to be
P rin ted .

1
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WO

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T ITMETAL SCHEDULE. >L
H*
S

.

M r. C U M M I N S .
L -offer a S e n a te resolutioS^gjor w h ic h I a s k
ni^ led ia t e co u sid eg B fio n .
T h e r e s o lu tio n
R e s . 2 4 7 ) w a s r e a d a s fo llo ^ fe :

(&
.

tr.Rwolvcd,

Tlmfc-Jfie Secretary of the Treasury be direcwd to report
i n , Senate aSfsoon as possible the wholesale market itk in Engs
Germany / F ranee, and Belgium, during the last ye*&of the
IiJ'ous items *11(1 commodities named in paragraphs 117 to lW^inelu?We, 144, 140*150 151, 159 to 163, inclusive, 169, 171, 181, 1 % 193,
and 194 oL^chediile C of the tariff act of 1909.

P

M r. G A L L I N G E R .
I a s k th e S e n a to r f r o m I o w a i f t h a t i % o
be b y ifio n th s or th e a v e r a g e p r ic e ?
M r - C U M M IN S .
T h e S e c r e ta r y o f th e T r e a s u r y , a s - I und er*)
b o s in h is p o sse ssio n , o r in o n e o f h is b u r e a u s, th e tr a d e
J o u rn a ls o f a ll o f th e se c o u n tr ie s s h o w in g th e m a r k e t p ric e o f
th ese v a r io u s c o m m o d itie s .
I h a v e n o t a t te m p te d to s p e c ify

• lir*’




•
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derous and false \eport sent out from WashingtoujUlealing with the
condition of operafla-es in southern cotton-mill tow s. Attention was
SV
directed particularljTdo the situation at our local,mills because we are
more familiar with mem. We have received a Jjetter signed by three
young ladies employeSkin the Proximity mills. Jiving a short, concise
story of that situation bom the viewpoint of IjS operatives themselves.
fi
They ask that the facts w- printed, but do n
ofcjfP to have their names
are
published. They do not Sbject to having thaiF names given to anybody
who may be interested or T
jfho may doubt (A
frir statements. We do not
accept communications for joublication wit*»ut the name of the author
being published with them.^ut we makejpi exception in this case and
quote the letter here, on the Jkound that^e indorse the communication,
knowing the facts to he truejfcand, furjper, for the interests not only
of the three young women themselves ®ut for the whole community of
good people employed in the m
infe of Jnis community. The letter says
“ We have read the article whudijras published in the papers a few
days ago on southern cotton-mill
and hereby denounce the state­
ments as false and wish to state tbJfti as they really are.
We three have worked in th(#cmton mills for 8 or 10 years, and
have worked for the Proximity ^pnuMcturing Co. for al^out 5 years in
the weaving room.
J?
We have nice, kind oversee® and make good wages, averaging from
$1.32 to $2.64 per day. We wfrk only
hours each day up to Satur­
day, when we quit work at 1JP40 o'clock. XAVe are never made to work
when wa are unable. After jmr expenses,
are able to save from $15
to $20 per month.
,
.. , ^
“ Mr. Cone, the owner oLJfhc Proximity mil\has provided for us two
nice churches, a good schrfl, and a hall, in wmch our fraternal orders
may meet; also an asseiaSly hall, in which wewnay give receptions or
entertainments. He hnsijf'mployed for us teachewi of sewing and cook­
ing, so that the ladies 0 the village may hecomfluicquainted with the
art of domestic scienejp We also have a nice lilgairy at the school,
where we can get boolyjf to read through the sum enk, lie has provided
m
for us a large picniqjground, where the mhahitants^of the three vil­
lages—Proximity. ItejM
ilution, and AVhite Oak— assemhlkon the Fourth
of July to celebrate am have a good time generally. K^reslunents and
d
good things to cal Are served throughout that day, wli% the Textile
Band furnishes enlivening nuisic. Mr Cone bears all tl% e expenses,
and we feel that h#'gives this to show his love for his employes
In the spring
furnishes every home with flower and gfcss seeds
and then on the Kourth ol July he awards prizes for the inos^Leautiful
yards and neatljykept premises. And then, on Christmas, he\wesents
each family wit® a nice, fat turkey. What more could anvone wknt’
The article Jliich was published in the papers on southern %>tton
mill life stateef that our ckiily fare consisted of corn broad andVup
and that tliejlnotliers wear the discarded dresses of their dauglimrs.
Wc say this ii absolutely false. There are perhaps some very few v%o
live very poorly, hut the majority are in very good circumstanced
They have plenty to eat and nice clothes to wear.
• And we wish to say in the end that we are improving every day.-.
Electric lights are now being placed in the homes and on the streets.
This is an example of a southern cotton mill. We hope none of them
are as bad as they are reported by some people.

:

“

“

j?

1
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L
T\
w
k
a
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3184

CONGRESSIONAL RECORD— SENATE.

What matters! On that great day to come we will not be judged
by what we eat and wear, but we will all be judged alike, rich or poor.
Wo hope this will show the author of the article concerning southern
cotton mills of his mistake.
Anyone wanting proof of these statements which we have made can
get our names at the office of the Daily News, and we will stand good
for any of them.

T hree P roximity M ilo Girls.
That is a straight, unvarnished statement of the truth by young
women who are courageous enough to resent an injustice, though that
injustice be committed by the sanction of governmental authority. The
departmental agents who made the slanderous report complained of
should be required to call names and state emphatically where they
found the conditions reported. If the truth was known, they greatly
exaggerated a few isolated cases or else the whole thing was a frame-up
of a vivid imagination.

AMENDMENT OF PRINTING LAWS.

Mr. SMOOT. Mr. President, the printing bill now pending
before the Senate is the product of the Printing Investigation
Commission. This commission, under authority of Congress,
has been at work for the last seven years investigating the pub­
lic printing and binding and the distribution of Government
publications. From time to time the commission has made re­
ports to Congress as to the progress of its work, and several
Important laws relating to printing and binding now on the
statute books are due to its recommendations.
When the commission ivas created by Congress it was spe­
cifically directed “ if, in their judgment, the conditions as they
find them warrant remedial legislation, to report a bill at the
next session of Congress making such reductions in the cost
of printing and such changes and reductions in the distribution
of said publications as they may deem expedient, with a
report giving their reasons therefor.” (33 Stat. L., 1249, act
of Mar. 3, 1905.)
The commission found this work to be of such magnitude
and importance that Congress continued and broadened its
authority so that the commission might have ample time to
complete its work and make a full report thereof to Congress.
The act of March 4, 1907 (34 Stat. L., 1394), provides that the
Printing Investigation Commission, among other duties, “ shall
have power to inquire into the general subject of the public
printing and binding for Congress and the various executive
departments, bureaus, boards, and other offices of the Govern­
ment and the distribution of public documents,” and to report
such remedial legislation as the commission may deem proper.
It is evident, therefore, that the Printing Investigation Commisfr;
sion in submitting the present bill is complying with the direef
mandate of Congress. Whether this work has been well g'nd
faithfully done is for Congress itself to determine.
jf
NEED TO REVISE PRINTING LAWS.

W

There has been no general revision of the printing law# of the
overnment since the act of January 12, 1895, which M now 17
Gov
years old, and is so plastered with amendments that its own
authors could not recognize it as the once proud product of their
efforts to reform the public printing and binding. «i=Even the act
of 1895 was not a complete revision and codification of the then
existing laws relating to the public printing. To-day there are
still remaining on the statute books many pointing provisions
that date back to the fifties and sixties. A compilation of this
entangling mass of printing laws fills 142 printed pages. In 1909
an effort was made to gather together in one volume all the
laws, regulations, and decisions governing the public printing
and binding, the operation of the Government Printing Office,
and the distribution and sale of Government publications. When
this work was printed it filled more than 1,000 pages of an
ordinary sized document, and even then did not contain all the
laws or decisions relating to that voluminous subject. The
Comptroller of the Treasury lias been prolific in his decisions
involving the construction of the printing laws and these deci­
sions fill several hundred typewritten pages. The Attorney
General, also, has rendered many opinions in regard to the
same subject. Some of these decisions and opinions have so
changed the construction of these laws that it is very difficult
to ascertain what is and what is not the law on certain phases
of the printing problems of the Government. Congress, in creat­
ing the Printing Investigation Commission and charging it with
the duty of reporting remedial legislation, was not alone in
recognizing that the time had come for a general revision of the
printing laws. Every commission, committee, or expert who
has investigated the subject of the public printing and binding
in recent years has recommended that a complete revision of
the printing laws must be undertaken by Congress before the
Government Printing Office can be put upon a modern business
basis and the proper economies effected which will end many
of the gross extravagances that are either possible under or are
caused by the antiquated and obsolete laws governing the public
printing and binding. Every department and branch of the




March 12

Government has urged that this work be undertaWhn and carried
to success.
¥
A Committee on Department Methods, apoCinted by Presi­
dent Roosevelt, in its report to him on the public printing, under
date of January 2, 190G, said:
t
That the cost of printing in the GovernmenDiS’rinting Office can be
reduced by better administration, by better discipline, by better methods
of purchasing supplies, by increased use of lahpr-saving machinery and
by dispensing with unnecessary employees, wap admitted by the Acting
Public Printer, b u t f o r s o m e o f th e s h o r tc o im n g s o f t h e P r in t in g Offir-p
t h e p r i n ti n g s t a t u t e s a r e t h e m s e l v e s t a r g e t s r e s p o n s i b l e .
In fact the
act of 1895, providing for the public printing and binding, is a d
’efpp
tive statute in many respects, and a n e w M a w , c o v e r in g t h e ic h o lc su b
j e c t , s h o u l d b e e n a c te d .
Not only are ^related subjects jumbled t !'
getlier in the existing act in the most fj^scure and confusing 'wav'1 w
it abounds in inconsistencies and verba# defects.

The men who signed this reporjJhnd concurred in its view of
the present printing laws were C*^I. Keep, then Assistant Secre­
tary of the Treasury; F. H. Iiyguicock, the present Postmaster
General; Lawrence O. Murray/tlie present Comptroller of the
Currency; James Rudolph ( / lvfield, former Secretary of the
Interior; and Gifford Pinchc# former Chief Forester.
A similar statement wa&rmade by Mr. George French in his
report on the Governmeuj/Printing Office to the senior Senator
from Oregon, Mr. B ourn# then chairman of a subcommittee of
the Senate Committee gp Expenditures.
In this report Mr. tirench, who was recognized to be one of
the leading printing i^perts in the country, said of the printing
law s:
/
The laws that relm e to the Government Printing Office should be
riifion nn<i n T h e y
are very voluminous, and there are arnone
Iy tend to confusion and waste, at this time.

Concerning tUS same subject, the Printing Investigation Com­
mission said, Ju a report (S. Rept. No. 1044, GOth Cong., 2d
sess.), to Congress:

thos#of 1895, of 83,577,048, or 102 per cent. This is due in part^t
le a # to the fact that the revision of the law left remaining many

itself.
As a further result, the law can not, as it stands, be intelligently
codified without thorough revision, nor can it even be efficiently jn.
dexed. These somewhat caustic comments on the existing printing
have atlaw have been voiced by trained and experienced. .men. who ------ at­
„
.
..
tempted both, and who have confirmed the view which the commission
itself has long entertained.

Again in its report (S. Doc. No. G52, Gist Cong., 2d sess.) the
Printing Commission said of the laxity of the present printing
laws and its plan to recommend a complete revision:
The chief cause for the abuses which have grown up with regard +
this uaui.-i is IU U 1 1 the laxity uuil liicuuipieieuess or tne Dl'intino.
luio matter IB found in nit 1U 11J and incompleteness of the - ‘ •10
U U 1
A
laws. The act approved January 12, 1895, providing for public printg and binding and the distribution of public documents, is the nri "
pal printing act now upon the statute books. There are numerous
other provisions passed prior and since this general printin act, which
affect public printing and binding. There are also a great many
printin
cisions of the Comptroller of the Treasury and the Attorney General
ling
printing laws. The result is that, — the incsent
construing various .
,
--- at — present
time, the printing laws are defective in a great many ways and are not
sufficiently clear to serve as an intelligent guide.
The Printing Investigation Commission has. therefore, made a special
effort during the present session of Congress to investigate and ex­
amine the condition of Congress, the departments, independent offices
of the Government, and the Government Printing Office with reference
to public printing and binding and the distribution of public documents
with a view of recommending a revision, consolidation, and codification
of the printing laws.
H IST O R Y OF GOVERNMENT PRIN TIN G .

To more fully understand the need for undertaking this work
of revising the printing laws with great care and thorough­
ness, it may be well for me to give the Senate a brief review
of the history of printing for the Government and the impor­
tance that Congress has always attached to that work. From
the very foundation of the Government Congress has insisted
on direct supervision over the public printing and binding.
The Public Printer was for many years called the “ Congres­
sional Printer,” and the Government Printing Office was estab­
lished primarily for the work of Congress and only incidentally
for that of the other branches of the Government. Congress
has never relinquished its control over this work and I doubt
if it ever will. It is absolutely essential that the Government
Printing Office should be immediately responsive to the wishes
and needs o f Congress, or else that publicity which is vital to
good government could not be insured the people of this
country.
Even the Continental Congress had its printing problems and
troubles. * In 1777 that Congress adopted a resolution author­
izing “ the Committee of Intelligence to take the most expedient

2

1912.

CONGRESSIONAL RECORD— SENATE.

sundry citizens of Milaca, Minn., remonstrating against the
repeal of tlie oleomargarine law, which were referred to the
Committee on Agriculture and Forestry.
Mr. CUMMINS presented a memorial of sundry citizens of
Mitchell, Iowa, remonstrating against the enactment of legis­
lation authorizing the coloring o f oleomargarine in imitation
of butter, which was referred to the Committee on Agriculture
and Forestry.
Mr. CULBERSON presented a memorial of sundry citizens of
McGregor, Tex., remonstrating against the establishment of a
parcel-post system, which was referred to the Committee on
Cost Offices and Post Roads.
Mr. FLETCHER presented a memorial of sundry citizens of
Taylorville, -Fla., remonstrating against the extension o f the
parcel-post sVstem beyond its present limitations, which was
referred to th\ Committee on Post Offices and? Post Roads.
He also presented a petition o f the Riverside Woman’s Chris­
tian Temperance Union, of Jacksonville, F|a., praying for the
enactment of an\ interstate liquor law to prevent the nullifica­
tion of State liquor laws by outside dealers, which was referred
to the Committee\n the Judiciary.
He also presented a petition of the Cln^itnber o f Commerce of
Beardstown, 111., praying for the enactihent o f legislation to
regulate the flow o f water from Lake Michigan into the Illinois
Biver, which was referred to the Committee on Commerce.
Mr. SMITH o f South Carolina. I present a concurrent reso­
lution adopted by the General Assembly of the State of South
Carolina, which I ask ipay be printed in the R ecohd and re­
ferred to the Committee ion the Library.
The concurrent resolution was referred to the Committee on
the Library and ordered to be printed in the R ecord, as follows :
A concurrent resolution.
Whereas bills are now pending In both Houses of our National Congress
looking to the erection of rqonuments at the National Capital in
commemoration of the signers of tlie Declaration of Independence
and of the heroes of the American Revolution ; and
Whereas South Carolina, by eminent representatives, took an active
part in the adoption of the Declaration of Independence ; and
Whereas more than a hundred battles were fought upon her soil in the
historic struggle to establish the same, her people would have a
share and interest in both of said monuments: Therefore be it
R e so lv e d b y th e h o u se o f r e p r e se n ta tiv e s

( th e s e n a te c o n cu rrin g ) :

First. That this general assembly Indorse and approve the proposed
bills to erect a monument to the sighers of the Declaration of Inde­
pendence and a monument to the heroes of the American Revolution
at the National Capital, and express the hope that the Representatives
Irom this State in both Houses of Congress will support said proposition.
Second. That copies of this resolution, signed by the clerks of the
house and senate, be mailed by phem to the United States Senators
and Members of the House of Representatives from this State in

Aongrcss.

/

In
C o lu m b ia , S .

the

H ouse ,

C ., F e b r u a r y 2, 1912.

I ask may be printed in the R ecord and referred to the Com­
mittee on Naval Affairs.
The resolution was referred to the Committee opr Naval A f­
fairs and ordered to be printed in the R ecord, as fallow s:
T he Commonwealth
H ou se

J

C lerk o f th e H o u s e .

In
C o lu m b ia , S .

tiie

Senate,

C ., F e b r u a r y 2, 1912.

The senate agrees to thef resolution and orders that it be returned
to the house with concurrence.
By order of the senate. ;

M. M. Mann,
C lerk o f t h e S e n a t e .

Mr. SMITH of South Carolina presented petitions of sundry
citizens of Elliott, Manning, Brookland, and New Brookland, all
| tlie State of South/Carolina, praying for the\ enactment of an
n
interstate liquor law to prevent tlie nullification of State liquor
laws by outside dealers, which were referred to the Committee
01i the Judiciary.
He also presented a petition o f the Central Labor Union of
Charleston, S. C., praying for the enactment of legislation pro­
viding for the construction of one of the proposed new battle­
ships in the Brooklyn Navy Yard, which was referred to the
Committee on Naval Affairs.
Mr. BOURNE presented a petition of sundry citizens o f North
Bend, Oreg., praying for the enactment of an interstate liquor
law to prevent the nullification o f State liquor laws by outside
dealers, which was referred to the Committee on the Judiciary.
^Mr. BRISTOW presented a memorial of sundry citizens of
Enterprise, Kans., remonstrating against the establishment of a
Parcel-post system, which was referred to the Committee on
Bost Offices and Post Roads.
He also presented petitions of the congregations of the Metho­
dist Episcopal Church and the Evangelical Church of Halstead,
Kans., praying for the enactment of an interstate liquor law to
Prevent the nullification of State liquor laws by outside dealers,
which were referred to the Committee on the Judiciary.
Mr. CRANE. I present a resolution adopted by the House of
Kepresentatives of the Commonwealth of Massachusetts, which




M assachusetts ,

of

o f R e p r e se n ta tiv e sf M a rch

8, 1912.

Whereas it is proposed to remove or abolish the traited States navy
yard in the Charlestown district of the city of IjjDSton; and
Whereas in the opinion of the House of Representatives of the Com­
monwealth of Massachusetts such a step wojfid be detrimental to
the interests of Charlestown, of the port of Boston, and of the entire
Commonwealth: Therefore be it
s
O r d e r e d , That the Senators and Representatives in Congress from
this Commonwealth be requested to use theim>est endeavors to prevent
such removal or abolishment; and be it further
O r d e r e d , That a copy of this order be sent by the clerk of the house
of representatives to the Senators and Representatives in Congress from
this Commonwealth. '
J
A true copy.
A tte st:

/ J ames W. K imball ,

\

C lerk .

.T
ames W. K imball ,

C le r k o f th e H o u s e o f R e p r e s e n ta tiv e s .

Mr. McLEAN presented petitions of the Woman’s Christian
Temperance Unions o f Meridbn and Stamford, and of Concord
Division, No. 2, Sons o f Temperance, o f Norwalk, all in the
State of Connecticut, praying for the enactment of an interstate
liquor law to prevent the nullification of State liquor laws by
outside dealers, which Were referred to the Committee on the
Judiciary.
,f
He also presented « petition o f sundry citizens o f Bridgeport,
t
Conn., praying for the passage o f the so-called eight-hour bill,
which was referred'to the Committee on Education and Labor.
Mr. BRADLEY/presented a petition o f sundry ex-s^ives and
their children, jrbsidents of Darbun, Miss., praying \hat an
appropriation o f $250,000 be made for the purpose of an exposi­
tion celebrating the fiftieth anniversary of the Emancipation
Proclamation,’ which was ordered to lie on the table.
He also presented the petition of Amos L. Griffith, a veteran
of the Civil War, praying that he be granted an increase of
pension, which was referred to the Committee on Pensions.
REPORTS OF COMMITTEES.

Mr. SUTHERLAND, from the Committee on Public Buildings
and Grounds, to which was referred the bill (S. 4310) to pro­
vide for the erection o f a public building at North Topeka,
Kans., reported it with an amendment and submitted a report
, ,
^ dsm fhoraap--- --- , ---------- ----------- „ „ _____
Mr. OWEN, from the Committee on Indian Affairs, to winch
was referred the bill (S. 5728) conferring jurisdiction on the
Court o f Claims to hear, determine, and render judgment in
claims of the Osage Nation o f Indians against the United
States, reported it with amendments and submitted a report
_(N o. 484) thereon.

The house agrees to the resolution and orders that it be sent to the
senate for concurrence.
\
By order of the house.
|

Jas . A. H ott .

3363

A; O STRAIN.
'.

,

.f

ATT. WORKS. I report back favorably from” Jiff tjofnifilnTe
on Public Lands with amendments the bill (S. 2427) for the
relief of the legal heirs,of A. G. Strain, and I submit a report
(N o/ 4S5) thereon. I ask for the present consideration of the
hill.
■The VICE PRESIDENT. The bill will be read for the infor­
mation o f the Senate.
The' Secretary read the b ill; and there being no objection, the
Senate, n.s in Committee of the Whole, proceeded to its con­
sideration:.
The amendments were, on page 1, line 4, before the word
“ to ” where it occurs the second time, to strike out “ reconvey ”
and insert “ relinquish,” and in line 10, before the word “ merid­
ian,” to strike out the words “ Santa Barbara ” and insert
“ San Bernardino,” so as to make the bill read :

B e i t e n a c t e d , e t c . , That the Commissioner of the General I,and Office
be, and he is hereby, authorized to relinquish to the legal heirs of A. O.
Strain, by proper deed of conveyance, all title which the said A. G.
Strain had vested in the United States Government to the followingdescribed lands: North half northeast quarter and north half northwest
quarter, section 22, township 4 north, range 15 west, San Bernardino
meridian, in the county of I.os Angeles, State of California : P r o v i d e d
That the said heirs of A. G. Strain make satisfactory proof of such
conveyance to the United States of said land by the submission of an
abstract of title, together with the deed of conveyance to the United
States of the same, which said deed and abstract or abstracts shall be
retained in the files of the General Laud Office.

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.
L A N D A T POND CR EE K , OKLA.V

Mr. SMOOT. From the Committee on Public Lands I report
back favorably, without amendment, the bill (H. R. 17119)
granting the courthouse reserve at Pond -Creek, Okla., to the

3364

CONGRESSIONAL RECORD— SENATE.

city of Pond Creek for school and municipal purposes, and I
submit a report (No. 486) thereon.
Mr. OWEN. I ask for the immediate consideration of the
bill. It simply allows a square for municipal and school pur­
poses.
The Secretary read the bill; and there being no objection, the
■ Senate, as in, Committee of the Whole, proceeded to its con­
sideration.
' . The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
HUDSON RIVER BRIDGE.

M akcji 35,

authorized to approve the assessments upon all other restricted
allotments located within any proposed drainage district located
and made under the laws of the State of Oklahoma,” so as to
make the bill read :
B e it enacted, etc., T h a t the S ecreta ry o f the In te rio r be, and he is
hereby, authorized, in his d iscretion , to a p p rove the assessm ents, to ­
gether w ith m aps sh ow in g rig h t o f w ay and d efinite lo ca tio n o f a p ro­
posed drainage ditch , m ade under the law s o f the S tate o f Oklahom a
upon the a llotm en ts o f certain A bsentee Shaw nee and C itizen P otta
w atom ie allottees in L ittle R iv e r drainage d is trict No. 1, in P otta
w a tom ie C ounty, Okla.
Sec . 2. T h a t the S ecretary o f the In te rio r be, and he is hereby
authorized, in his discretion , to pay tliree-fou rth s o f the to ta l am ount
assessed a gainst each o f said a llo t m e n t s : P rovid ed , T h a t said tota l
assessm ent shall n o t exceed .$15 per a cre on any allotm en t or p ortion
t h e r e o f ; and there is hereby a p p rop ria ted fo r s a id p urpose, ou t o f
any m oney in the T rea su ry n ot oth erw ise a p p rop ria ted , the sum o f
$16,883.67, to be im m ediately available, the rem ain ing o n e-fou rth o f
such assessm ent to be paid under d ire ctio n o f the S ecreta ry o f the
In te rio r from the ren ts o f the a llotm en ts affected, and under such, rules
and regulations as he m ay prescribe.
S e c . 3. T h a t the Secretary o f the In te rio r be, and he is hereby
authorized, in his d iscretion , to a p p rove deeds fo r rig h t o f w ay
such o f said allottees or their heirs as m ay be necessary to perm it the
co n stru ctio n and m aintenance o f said dra in a ge d itch upon the paym ent
o f adequate dam ages th erefor.
T h a t the S ecretary o f the In terior is hereby a u th orized to approve
the assessm ents upon all oth er restricted a llotm en ts loca ted w ithin
any proposed drainage d istrict loca ted and m ade under the law s o f the
S tate o f Oklahom a.

Mft. NELSON. From the Committee on Commerce I report
back favorably, with amendments, the bill (S. 5659) to sup­
plement and amend an act entitled “An act to authorize the
New York and New Jersey Bridge Cos. to construct and main­
tain a bridge across the Hudson River between New York City
and the State of New Jersey,” approved June 7, 1894, and I
submit a reRort (No. 487) thereon, I call the attention of the
Senator from\New York [Mr. O’Gorman ] to the bill.
Mr. O’GORMAN. I ask for the present consideration of the
bill.
\
/
The Secretary \ead the bill; and there being no objection, the
Senate, as in Coilamittee of the Whole, proceeded to its con­
sideration.
Sec. 4. That the Secretary of the Interior is hereby authorized to
The amendments were, on page 1, line 6, after the words perform any and all acts and to make such rules and regulations as
necessary and proper
“ New Jersey,” to insert “ approved June 7, 1894 (28 Stats., may be act into full force andfor the purpose of carrying the provisions
of this
effect.
89),” and to add at the, end of the bill the following proviso:
The amendments were agreed to.
P rovided , T h a t this act\ ^ftall n ot bo con strued as a u th orizin g the
bu ild in g o f said bridge in a ccorda n ce w ith p lan s h eretofore ap p roved
The bill was reported to the Senate as amended and the
by the Secretary o f W ar, bnt draw ings sh ow in g the loca tion and plans
o f said stru ctu re shall again tye subm itted to him fo r his con sid era tion amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
and ap p roval before con stru ctin g shall be entered upon.
the third time, and passed.
And to add an additional Section, as follow s:
The title was amended so as to read: “A bill to enable the
S e c . 2. T h a t the rig ^ t to a lter; amend, or repeal this a ct is hereby
exp ressly reserved.
/
Indians allotted lands in severalty within the boundaries of
Little River drainage district No. 1, Pottawatomie County
So as to make ttjb bill read:
Okla., to cooperate with the officials of said State in the protec­
B e it enacted, e t a , T h a t the a ct o f C ongress entitled “ A n a ct to au­
th orize the N ew Y o fk and N ew J ersey B ridge Cos. to con stru ct and m ain­ tion of their lands from overflow,, and for other purposes.”

tain -a bridge a c r o /s the H udson R iv er betw een N ew York C ity and the
S tate o f New J ersey,” ap p roved June 7, «S94 (2 8 Stats., 8 9 ) , be, and
the sam e is hereby, so supplem ented and; am ended as to extend the
tim e fo r the com pletion o f the said b rid ge a% l approaches to M arch 15,
1 9 2 2 ; and said com panies are hereby gran ted the rights and p riv i­
leges and shall be su b ject to the con dition s enum erated in and con ­
ferred upon sfiid New Y ork and New J ersey B ridge Cos. b y said a ct o f
C ongress ap p roved June 7, 1894, aforesaid , and b y the a cts o f in co r;
p ora tion of. said com panies h eretofore enacted by the S tates o f New
Y ork and New Jersey, resp ectively ; P rovided , T h a t th is a ct shall n ot be
con strued as a u th orizin g the b uild in g o f said bridge in accorda n ce w ith
p lan s heretofore approved b y the S ecretary o f W ar, but draw ings sh ow ­
in g the loca tion and plans o f said stru ctu re shall again be subm itted to
him fo r his con sid eration and a p p rova l before con stru ction shall be en­
tered upon.
Sec. 2. T h a t the rig h t to alter, amend, or repeal this a ct is hereby
expressly reserved.
I

THE TURNER HARDWARE CO.

Mr. OWEN. I am directed by the Committee on Indian
Affairs, to which was referred the bill (S. 45S) for the relief of
the Turner Hardware Co., to report it with an amendment, and
I submit a report (No. 489) thereon. As it is a small bill, al­
lowing $86 to the company, I ask unanimous consent that it
may be immediately considered.
The VICE PRESIDENT.. The Secretary will read the bill
for the information of the Senate.
The Secretary read the bill, and there being no objection, the
Senate, as in Committee of the TVhole, proceeded to its con­
sideration.
The amendments were agreed to.
The ainendment was, in line 7, after the w
rord “ of,” to strike
The bill was reported to the Senate as amended, and the out “ $109.94, in full payment of accounts for certain supplies
amendments were concurred in.
purchased by the superintendents of the Tullahassee Mission,
J The bill was ordered to be engrossed' for a third reading; read Pecan Creek Mission, and the Colored Orphan Home in the
/Ylip third time, and passed.
,
years 1902 and 1907,” and insert “ $S6.81 in full payment of an
account for supplies purchased by the superintendent of the
------- ------------- DRAINAGE C < LANDS IN OKLAHOMA.
)’
T
Colored Orphans’ Home in the year 1902,” so as to make the
Mr. OWEN. I report back favorably with amendments front bill read:
the Committee on Indian Affairs the bill (S. 4913) to enable the
Ttr i f enacted e t c , T h a t the S ecreta ry o f the In te rio r he, and he
Indians allotted lands in severalty within ‘ the boundaries of h e fe b v V a uthorized and d irected to pay, ou t o f any ava ilab le fu n ds in
T rea
S tates belon
g to the Creek N
of
Little River drainage district No. 1, in Pottawatomie County, the ians su rv o f T the U nited w a re Co., o f ginuskogee, Okla the ation o f
In d
to the
urner H a rd
M
sum
Okla., to cooperate with the officials of said State in the pro­
s i in fu ll navm ent o f an a cco u n t fo r supplies p urchased uy the
tection of their lands from overflow, and I submit a report (No. superintendent S f ^ e C olored O rphans’ H om e in the year 1902.
488) thereon. I ask for the present consideration of the bill.
The amendment was agreed to.
The VICE PRESIDENT. The Secretary will read the bill
Mr. SMOOT. Mr. President, has this bill been reported from
for the information of the Senate.
the Committee on Claims?
The Secretary read the bill.
The VICE PRESIDENT. The bill has been reported from the
The VICE PRESIDENT. Is there objection to the present Committee on Indian Affairs.
consideration of the bill?
Mr OWEN. The bill has been reported from the Committee
Mr. SMOOT. I should like to ask the Senator from Oklahoma on Indian Affairs. It only involves $S6.81 due for certain sup­
if there is a report accompanying the bill?
plies purchased by the superintendents of Indian schools in the
Mr. OWEN. Yes; there is. The bill is reported from the Indian Territory.
Committee on Indian Affairs. It simply provides that these
The bill was reported, to the Senate as amended, and the
Indians who have allotted lands within a drainage district may amendment was concurred in.
cooperate with other citizens in having the lands properly
The bill was ordered to be engrossed for a third reading, read
drained.
the third time, and passed.
Mr. SMOOT. Is there also a report from the department?
" * ’ CHOCTAWCREEK, AND CHICKASAW INDIAN RESERVES.
Mr. OWEN. There is a favorable report from the depart­
ment.
Mr. CURTIS. Some days ago there was a report made from
There being no objection, the bill was considered as in Com­ the Committee on Indian Affairs on the bill (S. 3306) to au­
mittee of the Whole.
thorize the Secretary o f the Interior to investigate the status of
The amendments of the Committee on Indians Affairs were, the Indian reserves set aside under the Choctaw treaty of 1830
on page 1 , line 8, after the word “ and,” to strike out the word and the Creek and Chickasaw treaties of 1832, for which no pat­
“ citizen ” and insert “ Citizen,” and on page 2, at the end of sec­ ents have been issued and the ownership of which is in question,
tion 3, to insert “ That the Secretary of the Interior is hereby and appropriating money therefor.




1912.

CONGRESSIONAL RECORD— SENATE.

The bill was reported with amendments. By mistake the bill
has been printed as if it had been reported without amendment.
I ask that the record be corrected and that the bill be reprinted
showing the amendments in accordance with the report.
The VICE PRESIDENT. Without objection, an order there­
for wiR be entered.
\

BILLS INTRODUCED.

Bills Were introduced, read the first time, send, by unanimous
consent, tfee second time, and referred as follow s:
By Mr. WETM ORE :
M
( A bill (S^5S55) granting an increase of pension to Amanda M.
Gaskill (w i^i accompanying papers) ; to life Committee on Pen­
sions.
By Mr
A bill (S. '5386) to amend an act for M e protection and regu­
lation of the fisheries o f A laska; to thtfS/Ommittee on Fisheries.
A bill (S. 5S5& providing for the sgpvey and commencement
of construction ol&a road in the OlynjgSc Forest Reserve; to the
Committee on Agriculture and Fore;
A bill (S. 5S58p&ranting a pen
to Blanche Packard; to
the Committee on Pensions.
By Mr. SMOOT: \
M
A bill (S. 5859) to %nend
of an act entitled “An act
making appropriations^)!* sund
ril expenses o f the Government for the fiscal year %nding
iie 30, 1902, and for other purposes,” approved March 3|l901
Stat. L., p. 1133) ; and
A bill (S. 5860) to pr
agricultural entries on coal
ee on Public Lands.
lands in A laska; to the Cor
By Mr. BURNHAM :
of Martha Cutts Almy and
A bill (S. 5862) for
to the Committee on Claims.
others (with accompanying.
By Mr. CUMMINS :
nt o f employees in the civil
A bill (S. 5S63) for tl
e Committee on Civil Servservice, and for other pu
ice and Retrenchment J
Bv Mr. O’GORMAN :J
A*bill (S. 5S64) for M relief o f the%ptate of Alexander Stoddart, deceased ; and Jr
A bill (S. 5865) f # the relief of cljSSfeants who have paid
money into the Uniti^l States Treasury u % r compulsion of an
unconstitutional stajnte; to the Committee
Claims.
A bill (S. 5866)m)roviding for the appointment o f an addi­
tional professor ojgmiathematics in the N avy; % the Committee
on Naval Affairs**
By Mr. W A TSw N :
A bill (S. 5SQf) authorizing the purchase of a site for a post
office and publjgpbuilding at Benwood, Marshall Cour%’, W. V a .;
to the Commiifee on Public Buildings and Grounds.
By Mr. D lJ u iN G IIA M :
A bill (S. J&6S) granting an increase of pension to Gr
rington (w^th accompanying papers) ; to the Commi
Pensions, m

By Mr. M cL E A N :
A b i l l 5869) granting an increase o f pension to Henry
Stowe $vitli accompanying papers) ; to the Committee on

gM fl
NM

Pensioi
B y 3yfr. CLARKE of Arkansas:

3365

A bill (S. 5879) granting an increase o f pension to David
Crockett Collins (with accompanying papers) ; to the Committee
on Pensions.
PROPOSED INJUNCTION AND ABATEMENT LAW.

By Mr. KENYON:
A bill (S. 5S61) to enjoin and abate houses of lewdness, as­
signation, and prostitution, to declare the same to be nuisances,
to enjoin the person or persons who conduct or maintain the
same and tile owner or agent of any building used for such
purpose, and' to assess a tax against the person maintaining
said nuisance and against the building and owner thereof; to
the Committee’'on the District o f Columbia.
Mr. KENYON. In connection with the bill I should like con­
sent to have printed as a public document a letter from the at­
torney general oS Iowa, stating the purpose of a similar b ill;
an article by Mrk John B. Hammond, of Iowa, who has had
much to do with t i » enforcement o f the Iowa la w ; and a speech
by Senator T. J. B%>oks, of the Tennessee Senate, which fully
explains the law, to o th e r with a copy o f the law.
I ask to have the^p papers printed as a document (S. Doc.
No. 435) and referred to the Committee on the District of
Columbia.
The VICE PRESI]
T. Without objection, an order there­
for will be entered.
im p r o v e m e :

OF ALLEGHENY RIVER, PA.

an amendment proposing to
Mr. OLIVER submitt
priate $300,000 for the i’ pro vement of the Allegheny
Pa., etc., intended to be pr osed by him to the river and
appropriation bill (H. R. 1477), which was referred
Committee on Commerce an^ordered to be printed

approRiver,
harbor
to the

THE INTERNATIONAL HARVESTER CO.

Mr. LEA. I submit a resolvaion, which I ask to have read.
The Secretary read the resolltion ( S. Res. 250), as follows :
W h e re a s i t is re p o rte d th a t th e re f | p e n d i n g b e fo r e th e D e p a rtm e n t o f
J u s tice a s e ttle m e n t b etw een th e U n ite d S ta te s and th e In te rn a tio n a l
H a rv e s te r C o., b y w h ic h th e s o -ca lle d H a rv e s te r T r u s t m ay be p e r­
m itte d to re o r g a n iz e a n d to b rin g i& o r g a n iz a tio n an d b u sin ess w ith in
th e S h erm a n a n titr u s t la w as con su m ed b y th e S u p rem e C o u r t : B e i t
R e s o lv e d b y th e S en a te o f th e Zfhitcd S t a te s , T h a t the A tt o r n e y
G en era l be, a n d he is h ereby, in s tr u cte d to la y b e fo r e th e S enate a ll
co r re sp o n d e n ce and in fo r m a tio n it m ay a a v e u p o n t h is -s u b je c t, to g e th e r
w ith a n y a n d a ll co rre sp o n d e n ce , in p srm a tio n , a n d r e p o rts o f the
B u re a u o f C o rp o ra tio n s r e la tin g t h e r e t o ^ r o m J a n u a ry 1, 1904, to th e
p re s e n t tim e.

Mr. LEA. I ask for the present consideration o f the resolu­
tion.
%
Mr. GALLINGER. I ask that the resolution may go over.
The VICE PRESIDENT. Objection if&made, and the resolu­
tion, under the rule, will go over.
EXPENSES OF CITY SCHOOL SYSTEMS 0

IOC. NO. 4 3 1 ).

document, being
Mr. GALLINGER... I have an interest^
tables, quotations, and facts compiled by [arlan Updegraff,
iblished, being a
of the Bureau o f Education, and recently
I ask that the
study of the expenses of city school systems
matter be printed as a public document, and tl kt 500 additional
copies be printed for the use o f the Senate document room.
The VICE PRESIDENT. Without objection* the order will
be entered.
The order as agreed to was reduced to writing,'3is follow s:

A bjSl (S. 5870) for the relief of Mary A. Russell and others
O rd ered , T h a t th ere be p r in te d 5 00 a d d itio n a l co p ie s o fc t h e d o cu m e n t
(with'accompanying papers) ; to the Committee on Claims.
“
e n se s
ity
S
s,
a cts, e
bill (S. 5871) fqr the relief. ©f-Cftlvm G. Llnville (with b yE x pa rla n o fp Ce g raS ch o o l th ystemre a T a b le s, dQ u o ta tio, n s, ra n sL Euse o f t c .,”
H
U d
ff, o f
e Bu
u o f E u ca tio n fo ttt^
the
Facciffmpanying papers) ; to the Committee on Military Affairs.
S e n a te d o cu m e n t ro o m .
Sk
PRESIDENTIAL APPROVALS.
By Mr. OWEN:
A bill (S. 5S72) to authorize the municipality o f Atoka, Okla., | A message from the President of the United States* by Mr.
to acquire full legal title to certain lands for municipal water­ Latta, executive clerk, announced that the President raid ap­
works purposes; to the Committee on Indian Affairs.
proved and signed the following act and joint resolutions*
A bill (S. 5873) granting an inci’ease o f pension to Joseph F. * On March 12, 1912:
%
Kendall (with accompanying papers) ; to the Committee oa»
S. J. Res. 83. Joint resolution making appropriations to %eet
Pensions.
_ ...v
certain contingent expenses o f the Senate; and
S. 4151. An act to authorize the Minnesota & Internationa 1
........... ''
By Mr. CHAMBERLAIN :
A bill (S. 5874) to increase the limit of cost for the erection Railway Co. to construct a bridge across the Mississippi River
and completion of the United States post-office building -at Al- at or near Bemidji, in the State of Minnesota.
oany/i%>nL: to the Committee on Public Building&gSff*Grounds.
On March 14, 1912:
S. J. Res. 89. Joint resolution to amend the joint resolution t<r
A bill (IglScifcD providing for the adjustment^? me claims of
Gie States ancm!H|Kitories to lands withj^jKrcional forests; to prohibit the export o f coal or other material used in war from
any seaport of the United States.
the Committee on FtH|itLands.
A bill (S. 5S76) gramStayin iiyjgB&'se o f pension to Edward
HOUSE BILL REFERRED.
Hitchcock (with accomi^^^*K papers) ; to the Committee
H. R. 18960. An act making appropriations for the Depart­
011 Pensions.
ment o f Agriculture for the fiscal year ending June 30, 1913,
___
„
By Mr. BOURNE:
_
was read twice by its title and referred to the Committee on
A bill (S. 5S77) to hafcrease the limitTWtegst for the erection Agriculture and Forestry.
and completion ofJ^hpost-office building a r ^ % J )a lle s , Oreg.;
SERVICE PENSIONS.
to the Commit tes^fm Public Buildings and Grou
The VICE PRESIDENT. Morning business is closed. The
By Mr. B R A D L E Y :
__
A bill (-££ 5878) granting an increase of pension to Bteiird calendar under Rule V III is in order. The Secretary will state
the first bill on the calendar.
Stapletoh (with accompanying paper) ; and




CONGRESSIONAL RECORD— SENATE.

3306

Mr. McCUMBER. Mr. President, I gave notice the other day
that immediately after the close of morning business to-day I
should move that the Senate take up the general pension bill.
The VICE PRESIDENT. The Chair was merely waiting for
the Senator to make the motion.
Mr. McCUMBER. I am giving my reason for asking that
that bill be now taken up. There are two Senators who desire
to speak on that subject to-day, as I am informed, and I also
desire to complete my remarks. That being the case, I now
move that the Senate proceed to the consideration of the service
pension, which is House bill No. 1.
Mr. GALLINGER. Will the Senator withhold his motion for
a moment, though I know it is not debatable?
Mr. McCUMBER. Certainly.
The VICE PRESIDENT. The Senator withholds his motion
temporarily.
Mr. GALLINGER. I want to express the hope that the busi­
ness of the Senate may be so arranged that at an early day we
shall get to the calendar under Rule VIII. It is getting to be
rather voluminous; and while the bills are not extremely im­
portant, I think we ought to take them up for consideration
before long.
The VICE PRESIDENT. The question is on the motion of
the Senator from North Dakota [Mr. M c C u m b e r ] .
The motion was agreed to; and the Senate, as in Committee
of the Whole, resumed the consideration of the bill (H. R. 1)
granting a service pension to certain defined veterans of the
Civil War and the War with Mexico.
Mr. McCUMBER. Mr. President, before proceeding with the
comparison of the two bills that are before the Senate it may
be profitable to glance for a moment at what the Congress has
been doing during the last few years in the matter of extending
the benefit of the pension legislation and increasing the amount
of our appropriations.
The last general pension legislation prior to 1907 was passed
June 27, 1890. That was the first service-pension legislation
applicable to veterans of the Civil War. For 17 years following
no particular change was made in our pension laws. On Feb­
ruary 6, 1907, we enacted a law making age the standard for
fixing the amount of pension. By that act we increased our
annual pensions for the next five years in an amount, as I
now remember, aggregating about $15,000,000 per year.
The very next year after that, in the year of 1908, on April19, we amended the law of 1890 and placed at $12 per inoafn
the pension of every widow entitled to receive a pension uraaer
that law. ITeviously such pension was $8 per montlL^We
added very materially also to the number of widower who
could be placed upon that roll by repealing that sectioarof the
law which provided that in order to obtain its bei^efits the
claimant must be able to show that she did not have^ui annual
income of $250 per year.
The increase under that law, I think, was abou£|fr2,000,000 a
year. If we again amend the pension laws in thpyear 1912 by
the pleasure now proposed by the Committee
Pensions, we
will be required to increase our pension appropriation bill on
an average for the next five years by, s a y ^ 20,000,000 a year.
So the Senate will see that the Governmenfedias not been remiss
in its duty to the veterans, but has attempted to meet the dis­
abilities incident to increasing years by yefy materially increased
pensions.
Mr. OVERMAN. Mr. President, right there I should like to
ask the Senator if the bill as repqned to the Senate by the
Committee on Pensions should be.ebme a law, what would be
the total amount of appropriation required?
Mr. McCUMBER. The present amount is about $152,000,000
a year, I believe, and the passage of the bill as reported by the
committee would add an average of about $20,000,000 a year—
$14,000,000 the first year anjpibout $33,000,000 the second year.
Mr. OVERMAN. But ah average for five years of about
$20,000 ,000 ?

/

M arch : 15,

ical condition, and all questions as to whether present ailments
of claimants resulted from service or otherwise. An applica­
tion under the later laws needs no investigation along that
line. The law tempts no one to expand his conscience beyond
normal limits in order to come within its provisions; it causes
the cheek of no claimant to redden when he makes his applica­
tion to become a pensioner by compelling him to declare that
he is in his dotage, that he is enfeebled, or that he is poverty
stricken.
/
Mr. President, I think there has been comefuerable economy
under the operation of these laws. By tln^w o acts to which I
have particularly referred we have eliminated the services of
the physician and the financial exammCr. By those acts in­
dustry and economy are no longer pggfalized. The soldier of
the most extended hospital record tjyrlay has no advantage in
proving his claim over the soldier jyho has the most extended
field record. What we have accomplished in that direction, Mr.
President, we ought not to lose hsrany subsequent legislation.
Mr. President, two bills wer^mefore the Committee on Pen­
sions. One bill would requirtspan appropriation for the second
year at least $S6,500,000 ovnsn^resent appropriations. The bill
as recommended by the committee will require at least $33,000,000 in additional appropriations the second year. The one
will average, I believe, |p*om $56,000,000 to $60,000,000 a year
for the next five yea*, and the other will average about
$20,000,000 a year fo^-uhe next five years.
I can not help bar feel that the pension bill which passed
the House and casAe before the committee, known as House
bill No. 1. receiv^l many votes through a misapprehension or
a misunderstanding on the part of the several Members
of the House iflio voted in its favor as to the total amount
which it wcajnd be necessary to raise to meet the require­
ments of tj»it bill. It may be that it would have passed
the Housej/ff there had been no error in the report, but it
is certainly true that the report upon which I have a right to
assumes#ie vote was based is most grossly erroneous. I am
not saS?ng, and would not for a moment intimate, that it was
intenponally erroneous, but I am inclined to believe that the
chairman of the House committee having the matter in charge
insist have turned over some of the computations to some other
phrson who was not very accurate in his figures, and probably
because of the great amount of labor imposed upon him he
did not have the time carefully to analyze the statement before
it was presented as the report of that committee. Ordinarily,
Mr. President, I would say that whenever we desire to get an
estimate of the additional cost involved in an increase of pen­
sions it is far safer to go to the Bureau of Pensions and
obtain from them a very careful estimate. I am not certain
whether the committee who reported the House bill did that or
not. I am certain, however, that if they did they must have
abandoned the information which they received and proceeded
to make their own calculations as to what the additional cost
of House bill No. 1 would be.
We ought not to allow our enthusiasm to run away with our
judgment in the matter o f such computations. If we feel that
we should appropriate $87,000,000 a year from to-day in order
to meet pension demands, then we ought to admit the amount
and proceed to raise the money either by the issuance of bonds
or by some other method.
I wish to call attention now to the very first proposition that
is made in the report in support of House bill No. 1 in relation
to the amount required to pay for the additional pensions.
Senators will remember that under House bill No. 1, which
is purely a service-pension bill, the soldier who served for 90
days receives a pension of $15 per month; if he served 6 months
he receives $20 per month; if he served 9 months, he receives
$25 per month; if he served 1 year or over, he receives $30 per
month.
Mr. BROWN. Mr. President-----The PRESIDING OFFICER (M r. L ippitt in the chair)
Does the Senator from North Dakota yield to the Senator from
Nebraska?
Mr. McCUMBER. Certainly.
Mr. BROWN. The bill also provides that a soldier whose
term of service was cut short by injuries received in the
service shall get $30 a month without regard to how long he
served.
Mr. McCUMBER. I presume the Senator refers to section 2
which reads as follows, in addition to the sums I have men­
tioned :

Mr. McCUMBER. The average for five years, after making
the proper allowance for the death rate, would be about $20,000,000 a year.
Mr. OVERMAN. So that the total amount of pension appro­
priations would be; then, about $175,000,000?
Mr. McCUMBER. About that, in case the bill as reported
by the Committee on Pensions should be enacted into law.
Further than this, by the act of February 6, 1907, as it applies
to the survivors of the war, and again by the act of April 19,
1908, as it applies to the widows, we have made the pension
S ec 2.
o
*
dis­
roll a roll of honor only, and not the mere measurement of ch arge. andT h ahto any person w hin b*attle o* inreceivedf an h on orable no*w
w
w as w ou nded
r
line o d uty, and is
financial or physical distress; and it is my own firm opinion un fit fo r m anual labor th rou gh causes n o t due to his ow n viciou s habits
and unalterable conviction that there should be no reaction or w ho, from disease or oth er causes in cu rred in line o f d u ty resulting
in
d isa b ility, is n o
to p erform
labor, shall be naid
along that line. Under the law as it now stands we have elimi­ the his axim um pension w unable is act, to w m anual per m onth, w ith m n
m
it, $30
nated all questions of financial condition, all questions of phys- I regard to his len g th o funder th
service.




1912.

CONGRESSIONAL RECORD— SENATE,

3465

system beyond its present limitations, which w*#' referred to
A bill (S. 5891) for tbe relief o f tbe estate o f David W.
Settle, deceased (with accompanying paper) ; to the Committee
tbe Committee on Tost Offices and PosLJpS^o&
He also presented a m e m o c k p # L o c a l Grange No. 265, on Claims.
Patrons of Husbandry, o f
Micb., and a memorial of
A bill (S. 5892) granting a pension to Elizabeth Polly (with
sundry citizens of Cohmglm; Micb., remonstrating against tbe accompanying papers) ; to the Committee on Pensions.
repeal of tbe ol^oimi^fmrino law, wbicb were referred to tbe
By Mr. POIN DEXTER:
Committee on 2^-rmulture and Forestry.
A bill (S. 5893) granting a pension to Elizabeth E. Donald­
Mr. BRQWN presented a memorial of tbe Retailers’ Associa­ son; to the Committee on Pensions.
tion of ^Buiken Bow, Nebr., remonstrating against tbe extension
WITHDRAWAL OF PAPERS— SAMUEL COLE.
of the parcebpost system beyond its present, limitations, wbicb
On motion o f Mr. P o m e r e n e , it w a s
'vjis referred to tbe Committee on Post Offices and Post Roads.
O rd
e d That the
in
(S. 5997, Gist
.eovMr. OWEN presented a petition of sundry citizens o f Keene, Cong.)e r he, withdrawnpapers thethe case of Samuel Cole adverse report
from
files of the Senate, no
Okla., praying for the enactment of an interstate liquor law to having been made thereon.
prevent tbe nullification of State liquor laws by outside dealers,
PUBLIC BUILDING AT DENVER, COLO.
wbicb was referred to tbe Committee on tbe Judiciary.
Mr. GUGGENHEIM. I ask unanimous consent for the pres­
Mr. POINDEXTER presented a petition of sundry citizens of
Ebna, Wash., praying that an
niade to provide ent consideration of tbe bill (S. 3974) to increase the limit of
for Urn.Purifier dredging o f Willapa Harbor, near Raymond, in cost o f the United States public building at Denver, Colo.
The VICE PRESIDENT. Tbe Secretary will read the bill for
that State, which was referred to tbe Committee on Com­ tbe information of the Senate.
merce.
Tbe Secretary read the bill, and there being no objection, tbe
^He ai|p presented a memorial o f tbe executive board of tbe Senate, as in Committee of tbe Whole, proceeded to its con­
Farmers® Educational and Cooperative Union of America for sideration.
/
Washington and northern Idaho, remonstrating against tbe free
Tbe bill was reported from tbe Committee oil Public Build­
distribution of seed by tbe Government, wbicb was referred to ings and Grounds with an amendment, in line 9, before tbe
the Committee on Agriculture and Forestry.
word “ hundred,” to strike out “ five ” and insert “ four,” so as
to make tbe bill read :
IMPROVEMENT OF THE MISSISSIPPI KIVEK.
Be
t en a cted
etc
That the
of cost fixed by
Con­
Mr. WILLIAMS, from tbe Committee on Claims, to which gress iapproved , May., G , 1908 limitStats., 545), for the act ofpublic
O
(35
the new
was referred the bill (S. 5683) to confer jurisdiction on tbe building at Denver, Colo., for the accommodation of the post office,
Court of Claiim to bear, determine, and adjudicate claims for United States courts, and other governmental offices, be, and the same
the taking of private property and damages thereto as tbe re­ is hereby increased $400,000.
The amendment was agreed to.
sult of tbe improvement of tbe Mississippi River for navigation,
The bill was reported to the Senate as amended, and the
asked to be discharged from its further consideration and that
it be referred til tbe Committee on Commerce, which was amendment was concurred in. ,
The bill was ordered to be engrossed for a third reading, read
agreed to.
%
'MISSISSIPPI RIVER BRIDGE.
the third time, and passed.
THE INTERNATIONAL HARVESTER CO.
Mr. CLARKE of Arkansas. I ask unanimous consent that
the bill (H. R. 172?%) to authorize the Arkansas & Memphis
Mr. McCUMBER. I m ove-that the Senate proceed to the
Railway Bridge & ffi|rminal Co. to construct, maintain, and consideration o f House bill No. 1. I observe that the Senator
operate a bridge across the Mississippi River, Order o f Business from Indiana [Mr. K e r n ] is now present, and be gave notice
393, be recommitted to-pie Committee on Commerce.
that be would desire to speak on" the bill immediately after tbe
Tbe VICE PRESIDENT. Without objection, an order is en­ close of tbe morning business, f
tered recommitting tbe bill to tbe Committee on Commerce.
Mr. GALLINGER. I f tbe Senator from North Dakota will
withhold bis motion for one moment, I will state that on yester­
Biliks INTRODUCED.
day the Senator from Tennessee [Mr. L e a ] offered a resolution
Bills were introduced, reiki tbe first time, and, by unanimous wbicb I asked might go over. I have examined it and see no
consent, tbe second time, and referred as follow s:
objection to it. I , presume the Senator from Tennessee may
By Mr. GALLINGER :
\
want to have it considered.
A bill (S. 5SS0) granting p%isions to volunteer Army nurses
Mr. LEA. I ask for the present consideration o f tbe resolu­
of the Civil War (with accompanying paper) ; to the Commit­ tion.
tee on Pensions.
Mr. McCUMBER. I withhold my motion until the I’esolution
By Mr. BROW N:
\
is disposed of.
A bill (S. 5SS1) granting an increase o f pension to Jacob S.
Tbe VICE PRESIDENT. The Secretary will read tbe reso­
Robey; to tbe Committee on Pensions.
lution submitted yesterday by the Senator from Tennessee.
By Mr. BROWN (for Mr. G a m b i % ) :
Senate resolution 259, submitted yesterday by Mr. L e a , was
A bill (S. 5882) to extend tbe tiH|e for tbe completion o f a read and agreed to, as follow s:
bridge across the Missouri River at V near Yankton, S. Dak., Whereas it is reported tfiat there is pending before the Department of
by the Winnipeg, Yankton & Gulf Railyoad C o.; and
Justice a settlement between the United States and the International
Harvester Co., by which the so-called Harvester Trust may be per­
A bill (S. 5S83) to extend the tim epor tbe completion of a
mitted to reorganize And to bring its organization and business within
bridge across the Missouri River at Yankton, S. Dak., by the
the Sherman antitrust law as construed by the Supreme Court: Be it
Yankton, Norfolk & Southern Railway % ).; to tbe Committee
R e s o l v e d b y t h e S e n a t e o f t h e U n i t e d S t a t e s , That the Attorney
°b Commerce.
* %
General be, and he is hereby, instructed to lay before the Senate all
A bill (S. 5884) to amend section 3 of arihict entitled “ An act correspondence and information he may have upon this subject, together
and all -correspondence, information, and
the
Rw the relief and civilization of the Chippewa Indians in tbe with any Corporations relating thereto, from January reports of the
Bureau of
1, 1J04, to
State of Minnesota,” approved January 14, ^1SS9; to the Com­ present time.
mittee on Indian Affairs.
%
HOUSE BILL REFERRED.
By Mr. BOURNE
IL R. 21213. An act to amend an act entitled “An act to pro­
A bill (S. 5885) supplementing the joint resolution of Con­ vide revenue, equalize
encourage tbe industries of
gress approved April 30, 1908, entitled “ Joinmresolution in­ the United States, andduties, and purposes,” approved August
for other
structing the Attorney General to institute certain suits, etc.; 5, 1909, was read twice by its title and referred to tbe Com­
the Committee on Public Lands.
mittee on Finance.
By Mr. CLARKE of Arkansas:
SERVICE TENSIONS.
A bill (S. 5886) for the relief of Calvin G. Linvfale; to the
Mr. McCUMBER. I renew my motion.
Committee on Military Affairs.
Tbe VICE PRESIDENT. The Senator from North Dakota
By Mr. NELSON (for Mr. C l a p p ) :
\
A bill (S. 5SS7) granting an increase o f pension to Silas M. moves that tbe Senate proceed, to the consideration of House
bill No. 1.
Finch (with accompanying papers) ;
\
Tbe motion was agreed t o ; and the Senate, as in Committee
A bill (S. 58SS) granting an increase of pension t<\Eben
o f tbe Whole, resumed the consideration o f the bill (IL R. 1)
Kneeland (with accompanying papers) ; and
%
granting a service pension to certain defined veterans o f tbe
A bill ( S . 5889) granting an increase of pension to dem ent
Lovely (with accompanying papers); to the Committee on Civil War and the W ar with Mexico.
Mr. KERN. Mr. President, I rise to speak in favor o f a
Pensions.
pension bill that will settle tbe pension question for all time to
By Mr. B R A D L E Y :
A bill (S. 5890) for tbe relief of tbe estate of Ben Whitaker, come; that will forever put an end tq special pension legisla­
tion; that will, when once put into operation, enable the GovSl*., deceased (with accompanying paper) ; and
X L V III------ 218



3466

CONGRESSIONAL RECORD— SENATE.

eminent to dispense with the services of thousands of examin­
ers and special agents, spies and detectives—a measure which
has the support of the great majority of the soldiers of the
Nation who served in the ranks of the Union Army as privates
during the Civil War and who by the thousand are registering
their protest against the McCumber or Smoot substitute now
under consideration.
Mr. President, the last Democratic State convention of In­
diana, held on April 28, 1910, was made up of more than 1,500
delegates representing every township in each o f the 92 counties
of the State. By a unanimous vote it adopted a platform of
principles in which it pledged the honor of the party that the
candidates that day nominated should, if successful, carry out
and perform, in so far as they were able, the promises therein
made. Due of those platform declarations was as follows:
We favor the immediate enactment of a pension law by Congress
providing for a pension of not less than $1 a day for all Union veterans
of the Civil War.

Maech 16

thereon; but when it was knOwn that the honor of the State
was involved there was no qfurmur of discontent, and no man
thought of charging extravagance to the legislature making the
appropriation.
i

Then, again, the taxes levied for the purpose of providing for
the care and education o f our unfortunate people—the blind,
the deaf and dumb, the soldiers’ orphans, and others of that
class—that their lives might be brightened a little, seemed
heavy and burdensome, jiut they were paid cheerfully, because
the common instincts o f humanity required it.

And so here, whether-the claim of the old soldiers rests upon
the contract obligation' of the Government or upon the ground
of gratitude and conpnon humanity, our people can never bo
brought to the beliemhat there can be extravagance in any ap­
propriation of publi£ moneys for the purpose of providing for
the necessities of tge old men whose services in that great War
between the States made disunion impossible and the Union
perpetual, and mage possible that great development of -lie ma­
terial resources in’ our country which has made us the richest
and most powerful of all the nations of the earth.

Mr. President, that convention also, by a unanimous vote,
nominated me as the party’s candidate for the position I now
hold. I accepted that nomination, fully advised as to the
f
AN OBLIGATION OF HONOR.
declaration of principles theretofore made by the convention,
Measured
its dealings with other creditors, this Govern­
and without hesitation or mental reservation agreed that, if
elected, I would honestly and faithfully do what I could to ment has ut^rly failed to carry out the plain provisions of its
contract w iA the soldiers of the Civil War.
carry out my party promises.
The armsfes of the Union were made up almost -entirely 0f
That convention was not made up of mere politicians, but
was composed for the most part of earnest, serious-minded men poor men.j^Business men, as a rule, remained at home and made
from every walk of life, who for the time had left the plow, the money wpile clerks and employees went to war. Men who
anvil,. the shop, the office, and the store and assembled to owned firms, especially those who owned large farms, operated
declare their political faith, to express themselves upon public them \yfth great profit throughout the struggle, while the ten­
questions, and as patriotic citizens organize their party for the ants ajad farm hands were urged to volunteer. Great fortunes
contest for better government and more equal and beneficial were<|made by many of those who took no part in the conflict,
for fcfce necessities of the Government were great and the oppor­
laws.
The platform declaration for a dollar-a-day pension was not tunities for making money unparalleled. Contractors for sup­
made as a mere empty promise to catch votes—a promise to plies of every kind waxed fat, and the manufacturers who were
be ignored and violated in the event of party success, but an subject to war taxes were given special tariff legislation, enacted
expression of the conscientious conviction of that great body of
the avowed purpose of offsetting the amounts paid by them
men that such legislation as that promised was justly due t o ; or the support of the Government, but for the real purpose of
the survivors of the war not only as a mark of gratitude, bu£ enriching them at the expense of the people.
The Government promised to pay the soldiers $13 per month
as an act of plain and simple justice to the men who in tin^F
of national stress and peril had proved their love of country J*y which was afterwards increased to $16. The contract was to
offering their lives in its defense.
pay them in dollars. They were paid in currency so depre­
It was in line with the promise of “ generous pensions ” lpsfide ciated as to be worth on the average less than 50 cents on the
in the last Democratic national platform adopted at Den
dollar, so that instead of receiving the contract price of $13 and
190S and with the promises made in the platforms
$16, they actually received from about $6 to $7 per month.
political parties since the commencement of the Civil Ws
Prices for the necessaries of life were correspondingly high, and
Every delegate in that Indiana State convention
e time as a result the families of the soldiers in many instances were
he cast his vote for that platform declaration h:
mind supported largely by public and private charity.
scores of his neighbors who had served their cou
in tlie
Sir, we heard much in a recent campaign about 50-cent dol­
hour of its distress now grown so old and infirm as
unable lars and the infamy of a government that would discharge a
to win bread by their labor and anxious and distr
ecanse contract obligation calling for the payment of dollars with
of their inability to provide for their necessities.
money worth only 50 cents on the dollar. The mere prospect or
They knew that the pensions of eight, twelve, a$fd even twenty prophecy that Government creditors would be compelled to re­
dollars per month doled out by the Governmept with sparin_ ceive silver dollars in payment of their claims stirred the
and cautious hand to these veterans were utterly inadequate to financiers o f the Nation into frenzied action, and resulted in a
provide for their actual wants, and reeogjRzing, on the one great crusade in behalf of the national honor, which was at
hand, the great value of the services of_yfhese men to their once grotesque and tragic. On every stump and through the
country, and, on the other hand, the vaft wealth and great great newspapers it was declared that the payment of a just
ability of the Nation to deal generous^ with its defenders, debt in depreciated money was the acme of national perfidy.
could see no reason why the few remaining years of these men
Yet to-day these same financiers, with the same earnestness
should not be made at least tolerable
granting their request and zeal with which they shouted for national honor in 1896
for a pension of a dollar a day.
are denouncing as a raid on the Treasury a proposition to pay
The Republican State platform o f the same year declared to old soldiers who saved their country for them the pittance of
with the same unanimity that “ waf'believe the time has come a dollar a day, that they may have food and shelter in their old
for tye enactment of what is knojfn as a dollar-a-day pension age, and that some measure of justice be done them because in
plan for the relief of the necessijlfes of Civil War veterans.”
those dreadful days of civil war they were paid dollars worth
It will be seen that in the affeat central State of Indiana, less than 50 cents for their heroic work.
which contributes its full shardFof taxes toward the support of
Mr. President, during and at the close of that war there were
the National Government, thej® is absolute unanimity of senti­ two general classes of Government creditors—the holders of the
ment on the question of fullAnd ample justice to the veterans Government bonds and the men who had given up the best part
of the Civil War, so that
advocating the Sherwood pension of their lives on the march, in camp, in prison, and in battle
bill here I am representinafno party nor faction of a party but for the restoration of the Union. The first class had remained
the whole people of a greajf Commonwealth, who, without regard at home engaged in the pleasant pursuit of money making, while
to political differences, demand that the obligations of the Gov­ the second class had endured during all those long years all the
ernment to its defenders be fully, amply, and generously dis privations incident to the greatest war o f modern times. The
charged.
bonds issued by the Government were, for the most part, bought
And yet, Mr. President, our people are in favor of economical with greenbacks. The bonded debt of $2,049,975,700 cost the
government, and unalterably opposed to extravagant and need­ purchasers of the bonds at the time they were issued only
less appropriation# of the moneys collected from them by any $1,371,424,23S in money of gold value, the kind of money in
form of Federal /r State taxation. But in Indiana we do not which they were paid. There was no question but that the bonds
regard any appropriation as extravagant which is necessary to for which greenbacks were paid were payable in the lawful
maintain the honor of the State or to discharge its honest obli­ money of the country.
gations.
John Sherman so held, and the Republican Party of Indiana,
It has sometimes happened that the burdens of taxation be­ then led by Oliver P. Morton, so declared in its State platform
came onerous and oppressive when appropriations were neces­ in 1868. And yet, sir, the Government was so jealous of its
sary for the payment of our State indebtedness and the interest honor that in March, 1869, by the famous coin act, all such




f

1912.

0 0 N G E E 8 m 0 ^ A L REOOUD— SENATE.

Pule that has been reMr. GALLINGER. The Commissioners o f the District of
creasing salaries, independently of
the amendment.
Columbia have 70 square miles of territory to travel over, and
ferred to, I call for the yeas and n:
I think they have been allowed some kind of conveyance. 'They
The yeas and nays were not or
The VICE PRESIDENT. TW question is on agreeing to the ought to be allowed a conveyance of some kind. They have to
amendment. [Putting the qy^stion.] By the sound the ayes inspect every street in the District of Columbia and tjsre; sewage
system and every other matter relating to the interests of the
seem to have it.
people of this Capital City. They are allowed transportation in
Mr. CLARKE of Arkan^fTs. I ask for a division
The question being pm, there were on a division—ayes 17, some form or other, as are a great many other officials of the
noes 1 1 .
Government.
Mr. BRISTOW. Could the Senator front New Hampshire
The VICE PRESIDENT. The ayes have it
Mr. BACON, j/raise the point that no quorum has voted, Mr, state about what appropriation is made eqhli year for the main­
tenance o f the carriages of the commissioners?
President.
The V I C E /fRESIDENT. The Senator from Georgia makes
Mr. GALLINGER. The Senator \yCl find all that in this
the point Dtat no quorum has voted, and apparently there is no bill, so far as I know.
quorum present. The Secretary will call the roll.
many things in the bill,
Mr. BRISTOW. There are a
Mr. BACON. I did not put it on that ground, Mr. President. The Senator does not expect us,
read it all to find out, and I
The VICE PRESIDENT. The Chair understands. He did supposed that the Senator fre
New Hampshire, chairman of
not mean to misstate the Senator’s position. The Secretary will the District of Columbia Coytfmittee, had that knowledge witli,out referring ns to a bill oj? over a hundred pages.
nil the roll.
The Secretary called the roll, and the following Senators \ Mr. GALLINGER. The items will be reached in due course.
I\do not think I w autjfo occupy much time in discussing the
answered to their names:
bi|l in a general wajff I have given and the committee have
Paeon
Curtis
Newlands
Smith, Ga.
Borah
Dillingham
Nixon
Smith, S. C.
giVen a great maiiYfSerious hours to the consideration of this
Bourne
du Pont
Oliver
Smoot
bill, and we have .presented it to the Senate. It has been here
Brandegee
Fletcher
Overman
Swanson
algood while, amf each Senator could have acquainted himself
Bristow
Foster
Page
Thornton
brown
Gallinger
Penrose
Townsend
with all the items if he had seen fit to do so.
Burnham
Guggenheim
Percy
Warren
/ Mr. B RIST#W . That is a very general way to avoid answer­
Chamberlain
Johnston, Ala.
Perkins
Watson
in g a question. There are a great many bills before the Senate
Chilton
Jones
Poindexter
Wetmore
Clark, Wyo.
McLean
Pomerene
Williams
/fo r its consideration. The committee has, no doubt, given a
Clarke, Ark.
Martin, Va.
Rayner
Works
i great de^ff o f time to the consideration of the pending bill, and
Crane
Marline, N. J.
P.ichardson
/ I thov^ht some member could give the information for which
Crawford
Myers
Root
I have asked.
Cullom
Nelson
Simmons
Mr. FLETCHER. I desire to state that my colleague [Mr.
Mr. GALLINGER. I may state that each commissioner has
B r y a n ] is necessarily absent, and will be for several days.
a carriage or an automobile, one or the other, at his disposal.
Mr. TOWNSEND.. I wish to state that the senior Senator I know that one of the commissioikers does hot use it, because
from Michigan [M f A mtith ] is unavoidably out o f the city.he'tiaf>pens,to be a man of indepeiKlent means, and he does not
The VICE PRESIDENT. Fifty-three Senators have answered pfequir#it/ -But they are given umua&pt trattAortatkm.
to their names. A fquor.nm o f the Senate Js present
Mr. CURTIS. -May I'suggest That m$^arep5TflHx>r out of
Mr. GALLINGER.
Prej
t, Fdpesire toniCcui only a f the* -general appropriation for contingent and miscellaneous
moment infipg. In "tfie fin,
t <•/[mates, Cft is provided expenses? The general appropriation covering all the items is
thatsome $37,000.
f
All annual estimates
service shall
khmitted to
I should like to sayuto any CffTTeague fro&ktyansas that A
Treasury, and
l-he included pen to
Congress through _the Secretary <
Tl'^subcoiiiif! ittee that h /s a great deah of bfrsiu^
his direction,
in the Book of -rfstirtiates ^epar
tiih tlu#I)i strict CmmiiL si o ne r s, Mid I
This iter
stin ^ __
cmijjg ffiem
| i y n^tfflrfnd the’ streets o f the city of Washr
the Seer
tin* 1 W
C o a ^ p si'
Iigtoh examining public buildings, and we could not have done
79. It was it had not the District furnished toH ie commissioners the public
trict of
ifj& p 3'par
lie salary for Members o f the two conveyance ki which to go aroujrfrand look after the interests
fixed in
Houses of Congress No ad/ance has bee/i ngade in that salary o f the District of Columbia.
an appfopriation^WllTw^ increased our own
since that tin
If there arc* any officers y^^JSlpverninent employ entitled to
ve t|lia■ was dmfe w ia i/u t au estimate. On
salaries, an
ancofl, si rely the Pis
Coiufiiisncre}.u#(F
a
an approp
dr. BlJpST®W. i T"!5?erei
n
_a soft Sev­
m^eejand we
sioner of
r
e
lit isiprovi/ing the com! _
ille Pro;- is a m e /T i i includiu
!
eral othe alaries
ages ^pr th /lr convenience, it makes the oltice more attractive
S.
/
Unite!
dent of t
than if suchf were hot provided. I am not saying they are not
the needed in jme discharge of the public duties of the commission­
y in acc
But th is absolutely and
the
Senate and in ap
rules of t
ers, but ir is certainly] an element to be taken intoConsideration
e question
and I ask
the yeas and
yhjj*i it is p r o p o s e m ;inc|ea||e Lie sajtiries of tlio/(jmmm§iiiifers.
the amen
! 1 4 a i n ot/n (l4lgingfin
in endeavornays
The
ofina m tfw la t perquisites these officers have in addition to
refused.
their $5,000 a jT
ear.
Mr. S
The .PRESIDING FFICER (Mr. B r a n d e g e e in the cl r).
The VICE PRESIDENT. Is there objection to Taking the The queMion As on
reeinmto the amendment p r a is e d f1jj the
hears
[After
vote by yeas and^nays
a p i j f e P y s o r d e r e d , "
coiiiiMtuee. Jflte X
none.
tary wW
Mr. OVIilM^Vaf. M
The Secretary proceeded to call the
In the Booli /ijPMijma
Mr. FLETCHER (when Mr. B r y a n ’ s 'name was
led). I
Two comnWssfonere, Un $G,000
desire to state' that my colleague [Mr. B ry.
arily
mitted).
absent. He is paired with the senior Senator
Michigan
And then it
[Mr. Sm ith ]. I will let this announcement
day.
mendation <
Mr. BURNHAM (when his name was calle
a genhard to get
fpair^EVtf^lt^e
Mary
m it h ],
So, while
’ 'lo lff’Pny vote. If permitted
vote, I
any more t
n, in case should v o id /y e a .”
ommendati
RK of Wyoming (when his name was called). I
gee fit to increase the salary.
the Senate s'
_ ieral pair with the Senator from Missouri [Mr.
Mr. President, let the vote be taken.
Mr. GALLING
I therefore withhold my vote. I f he were present, I
ident, I said in the beginning
Mr. WORKS,
rote “ yea.”
This incr^
was not cont
0AM
am not sufficjei;
ral pfflT wTtmrlie senior Senator from South
fi not
he increased
[Mr. T i l l m a n ] , who is absent, I withhold my vote,
Cc
am op
upon that graMuM but
tr. DU PONT (when his name was called). I have a general
ore I made the point of order.
of salaries iarti/s"way,’ ------with the senior Senator from Texas [Mr. C u l b e r s o n ] . I
Mr. BRISTOW. Before the vote is taken, I snould like to
not see him in the Chamber. I therefore withhold my vote.
know whether the commissioners are furnished carriages at
I were free to vote, I would vote “ yea.”
public expense.



CONGRESSIONAL RECORD— SENATE.

3604

Mr. LEA (when liis name was called). I am paired with the
junior Senator from Rhode Island [Mr. L ip p it t ]. I transfer
that pair to the junior Senator from Maine [Mr. G ardner ] and
vote “ yea.”
Mr. SIMMONS (when his name was called). I am paired
witli the junior Senator from Minnesota [Mr. Cl a p p ], and I
withhold my vote.
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). I understand that the senior Senator from Michi­
gan [Mr. S m it h ], who is unavoidably absent, is paired with
the junior Senator from Florida [Mr. B r y a n ].
Mr. SMOOT (when Mr. S utherland ’ s name was called). My
colleague [Mr. S u th erlan d ] is unavoidably detained from the
Chamber.
Mr. WATSON (when his name was called). I have a gen­
eral pair with the senior Senator from New Jersey [Mr. B riggs ].
I transfer that pair to the junior Senator from Missouri [Mr.
R eed ] and vote “ nay.”
The roll call was concluded.
Mr. BRADLEY. I am paired with the senior Senator from
Tennessee [Mr. T aylo r ]. I transfer that pair to the junior
Senator from Wisconsin [Mr. S teph en so n ] and vote “ yea.”
Mr. DILLINGHAM. I transfer my pair with the senior Sen­
ator from South Carolina [Mr. T il l m a n ] to the junior Senator
from Illinois [Mr. L orimer ] and vote “ yea.”
The result was announced—yeas 36, nays 13, as follow s:
Bourne
Bradley
Brandegee
Brown
Chamberlain
Crane
Cullom
Curtis
Dillingham

YEAS— 36.
Fletcher
Newlands
Foster
/ Nixon
Gallinger
Oliver
Johnston, Ala.
Overman
Lea
Owen
McLean
Page
Martin, Va.
Penrose
Percy
Martine, N. J.
Nelson
Perkins
NAYS— 13.
Crawford
Pomerene
.Tones
Smith, Ga.
Kenyon
Smith, S. C.
Myers
Watson
NOT VOTING— 42.
Kern
Davis
Dixon
La Follette
du Pont
Lippitt
Gamble
Lodge
Lorimer
Gardner
McCumber
Gore
O’Gorman
Gronna
Guggenheim
Paynter
Rayner
I ley burn
Reed
Hitchcock
Shively
Johnson, Me.

Poindexter
Richardson
Root
Smoot
Swanson
Thornton
Townsend
Warren
Williams

Makcii 19,

ferred from per diem roll) .$1,440” ; in line 19, after the word
“ each,” to insert “ four at $840 each” ; and,, in line 20, before
the word “ at,” to strike out “ six ” and insert “ two,” so as to
read :
Purchasing division: Purchasing officer, who shall hereafter, under
the direction of the commissioners, supervise the purchase and distribu­
tion of all supplies, stores, and construction materials for the use of the
government of the District of Columbia, and who shall give bond in such
sum as the commissioners may determine, $2,730; deputy purchasing
officer, $1,700; computer (transferred from per diem roll), $1,440 •
clerk, $1,500; clerks— 1 at $1,300, 6 at $1,200 each, 3 at $900 each, 4
at $840 each, 2 at $720 each.

The amendment was agreed to.
The next\amendment was, in the item of appropriation for the
maintenance of the purchasing division, on page 3, line 25, be­
fore the word “ dollars,” to strike out “ four hundred and
eighty ” and insert “ six hundred ” ; in the same line, after the
word “ dollars” where it occurs the second time, to strike out
“ inspector, $780,” and insert “ inspector of materials, $900 ” ;
on page 4, line 4, before the word “ inspector,” to strike out
“ two laborers,\at $600 each,” and inseft “ two clerks, at $720
each ” ; and in lane 6, after the word “ dollars,” to insert “ tem­
porary labor, $150 ” ; so as to read :
Driver, $600; inspector, $900; inspector
materials. $900; 2 clerks
at $720 each; inspector of property, $936 ; property-yard keeper, $1,000 ;
inspector of materials, $1,200; temporary labor, $150.

The amendment's was agreed to.
i
The next amendment was, on page 4, after line 7, to insert:
Hereafter whenevei\ any bid or proposal for any work, material, or
pplies shall be accepted by the Corotnissioners of the District of
Columbia and a contract therefor is required to be signed by them, every
h contract may be Signed, sealed, and delivered in the name of and
foil and on behalf of the District of Columbia when signed by a majoritylof said commissioned.

r. GALLINGER. \I move to Strike out the words “ when
sigfed ” in line 13. It ts a duplication of language.
e PRESIDING OFFICER. Without objection, the amendmelt to the amendment \s agreed, to.
Works
r. WORKS. Mr. President, j make the point of order with
repiect to this clause th|t it is general legislation. I under­
stand the law now provides that, the action of the commissioners
njhst be unanimous. This'is an]effort to change the law in that
Simmons
spect, and it seems to m& to jbe quite important. Certainly it
Smith, M d:
Smith, Mich.
general legislation on that subject.
Stephenson
Mr. GALLINGER. Mr. President, the reason for this proStone
vision is that at certain seasons of the year one of the commisSutherland
Taylor
jj sioners is absent. Like most 6f the rest of us they take a vaca­
Tillman
tion, and as at present the business of the District is greatly
Wetmore
interrupted by not having t^e ^entire board all the time in the
District of Columbia. It isfnofta matter of consequence to me
at all, but in the administration of the office of the commis­
So the amendment was agreed to.
The next amendment of the Committee on Appropriations was, sioners it is very important. It trust the Senator from Cali­
in the item of appropriation for the maintenance of the Ex­ fornia will not make a ppint oniorder against this provision,
ecutive Office,” page 2, in line 4, before the word “ dollar's,” to because it does no harm fo anyb&ly, and it facilitates greatly
strike out “ two hundred and eighty ” and insert “ six hundred the administration of the lousiness Y)f the Dist rict.
and thirty-six ” ; in line 5, before the word “ thousand,” to strike
Mr. WORKS. I make It, Mr. President, because I understand
out “ five ” and insert “ six ” ; lffijine 12, before the word “ hun­ that this amendment grjfew out of the fact of a dispute upon
dred,” strike out “ four ” and insert “ five ” ; and in line 15, that very question, whqye the parties were unable to procure
before the word “ hundred,” to s^ike out “ three ’/ and insert unanimous consent, and! that the object of this provision is to
“ four,” so as to read:
meet that condition, not the mere faVt that it is inconvenient
Executive office : Two commissioners, %t $6,000 eaclf ; engineer com­ in the dispatch of business. I may irp misinformed in respect
missioner, $636 (to make salary $6,000)1; additionaiycompensation for to that.
two assistants to the engineer commissioner, detailecDTrom the Engineer
Mr. GALLINGER. jlf there was trouble, the trouble grew out
Corps of the United States Army, under art of Congress approved June
11, 1878, two at $250 each ; secretary, $2,400 ; twqrassistant secretaries of the present situation, where unanimous concurrence is re­
to commissioners, one at $1,500, and onft at &jf,200; clerks— one at quired, and one of tlje commissioners mis absent on his vaca­
$1,600, one at $1,500, one at $1,400.
tion. They are permitted 30 days leave. \
The amendment was agreed to.
Mr. WORKS. Mynnformation is quite Vo the contrary, I will
The next amendment was, in the itemiiJf appropriation for the say to the Senator from New Hampshire! It is that the com­
maintenance of the “ executive office/yln page 2, line 18, after missioners were present and were unable tq secure the necessary
the word “ dollars,” to strike out
at $840, one at $720,” unanimous consent, And that it resulted in quite a little dissatis­
and insert “ two at $840 each” ; an
line 20, after the word faction.
“ messengers,” to strike out “ one jtt
and insert “ two at
Mr. GALLINGER. If that be so, of course the Senator does
$600 each,” so as to read:
not cure that condition by insisting that tlie law shall remain
Two at $1,200 each, one who
all be
stenographer and type- as it is.
/
\
writer, $1,000, two at $840 each, o: at $600 messengers— two at $600
Mr. WORKS. My judgment about it is that there should be
d typewrit ;r, $840 ; two drivers, at
each, one at $480; stenographer
unanimous consent, or I would not make the, point against the
$600 each.
amendment.
The amendment was agre/d to.
Mr. GALLINGER. Well, Mr. President, I-submit it to the
The next amendment was/on page 3, af|er line 3, to insert:
Chair.
Medicines, surgical and ho^ital supplies, $4000.
The PRESIDING OFFICER. The point of o/der is sustained
The amendment was agreed to.
Evidently it is legislation. The Secretary will [proceed with the
The next amendment jvas, on page 3, after line 5, to insert: reading of the bill.
Allowance for team, at $30 per month, $360. \
The reading of the bill was resumed. The next amendment
The amendment was agreed to.
\
of the Committee on Appropriations was, on page 4, line 18
The next amendment was, on page 3, line 8, after the word after the word “ buildings,” to insert “ one at $1,400; two at
“ shall,” to insert “ hereafter ” ; in line 15, before the word $1,300 each ” ; in line 20, before the word “ at,” to strike out
“ hundred,” to strike out “ six ” and insert “ seven ” ; in the “ eleven ” and insert “ eight ” ; in line 24, after the word “ dol­
same line, after the word “ dollars,” to insert “ computer (trans- lars,” to strike out “ two civil engineers or computers, at $1,500



1912.

CONGRESSIONAL RECORD— SENATE.

each ” and insert “ civil ..engineer or computer, $1,600; civil
engineer or computer, $1,500,” so as to make the clause read:
Building inspection division : Inspector of buildings, $3,000; princi­
pal assistant inspector of buildings, $1,800; assistant inspectors ' of
buildings— one at $1,400, two at $1,300 each, eight at $1,200 each;
fire-escape inspector, $ 1,4 0 0; temporary employment of additional as­
sistant inspectors for such time as their services may be necessary,
$3,000 ; civil engineer or computer, $1,000 ; civil engineer or computer,
$1,500; chief clerk, $1,500 ; clerks— one at $1,050, one at $1,000, one
(who shall be a stenographer and typewriter) at $1,000, one at $90 0 ;
messenger, $480 ; assistant inspector, $1,500.

The amendment was agreed to.
Tiie .jJia^^frWf^nc^ncnY wasT"oif”plT£A 5, after line 7, to sti
Hereafter one-half of the fees collected on account of permits, cer­
tificates, and transcripts of records issued by the inspector of buildings
" the District of Columbia shall be paid into the Treasury to the credit
the United States.

WILLIAMS. I should like to ask the Senator-'nrtffiSrge
of t
l
it_niir
-> inclusive, were stricken outA
->
It seems to me, if we are proceeding upon the theory— and \ro
ore, and I think we ought to— of paying half of the expense*'of
the District o f Columbia, we ought to receive one-half
the
receipts that come in from the fees and transcripts and Certifi­
cates and permits.
/
Mr. GALLINGER. This was stricken out for the purpose of
throwing into conference a controverted question. Thfe commit­
tee are not clear that this is a proper disposition to jfiake of the
question. Heretofore all these fees have gone in to /h e treasury
of the District of Columbia. My personal judgmght is that in­
stead of taking one-half the fees, if we are going to make any
change in the present system, the salaries o f Hie officials who
do this work ought to paid by the District o f Columbia. The
present provisional the House bill— and ther£ is a still further
provision along thevsame line— will undoubtedly add consider­
ably to the revenuesV f the General Government and deplete the
District revenues to ttoat extent. But it is a question whether
or not we should take hue-half the revenues-----Mr. WILLIAMS. Is there any scheme on foot to put these
officers on salaries instead, o f fees?
Mr. GALLINGER. They are not the salaries of the officers,
but the fees coming from tyie citizens. As an illustration, a
permit to lay a sidewalk is otie-half paid from the treasury of
the District of Columbia------ \
Mr. WILLIAMS. I just wanfvto say this-----Mr. GALLINGER. I f the Senator will allow me to conclude
the sentence, I remarked that, as yin illustration, when a side­
walk is laid a permit is issued. fo \ it and a fee is exacted to
some extent. That s id e w a lk is paid for one-half out o f the
Treasury and one-half by the citizens!' That is the class o f fees
this item refers to.
f
\
Mr. WILLIAMS. Yes, I see.
We have nothing o f
Mr. GALLINGER. Not fees to officer
that kind, so far as I know, in the Distri
but transcripts of
Mr. WILLIAMS. It /i s not only tha
records issued by the inspector o f buildings, all permits and
certificates, are charged for.
Mr. GALLINGER. It may be that the House provision is a
wise provision, but after all we have been going along on the
balf-and-half system and these fees have been' turned into the
treasury of the District of Columbia. Now the House has
raised an issue. It may be a wise issue, but the committee
wanted to confer with the House Members abouB it in confer­
ence and try ta- adjust the matter equitably and satisfactorily
all along the lifie.
Mr. WILLIAMS. Does the Senator think there will be a free
and full conference on the subject?
Mr. GALLINGER. I have not any doubt with reference to
the District'bill. We have a conference extending over a good
many day^l, and we always reach, as we believe, wise conclu­
sions.
/<
s
,
Mr. WILLIAMS. I know that before I reached this very
exalted station, when I was a Member o f the House. I found
that when we went into conference with the Senate, unless
there/w as unanimous consent on the part o f 92 Senator's we
could not prevail in conference; in other words, the Senate Confere* s never divided. I do not know what they are doing now,
but they stood by one another.
\
/Air. GALLINGER. Oh, the Senate-----Air. WILLIAMS. I just want to say this, Mr. President: I
Want to see Washington the best governed, the most beautiful,
and the most liberally treated city in tjie world. I think it
deserves to be all of that, because it is the capital of this great
country. I believe in the half-and-half principle o f running
the District for very many reasons, which I shall not enter
into now. I think we ought to make o f Washington the model
city o f the United States in its schools, in its sanitary arrange­
ments, in its cleanliness, in its police and fire protection, and in




3605

every other w ay; but I think that the inhabitants o f the District
of Columbia, if the Senate will excuse a plantation phrase, ought
to “ tote fair,” and if we are going to pay for half o f all the
expenditures in the District, then these little driblets— they do
not amount to much— which are paid by the citizens o f the Dis­
trict for public services, permits, certificates, transcripts, and
so forth, ought to be divided half and half, too; and I think it
is better fbr the District that they should be divided, because
there will then be less chance of arousing prejudice and an­
tagonism toward the half-and-half principle which hitherto has
regulated our. legislation. So that in the interest of the Disrict itself, it seems to me, we ought not to be picayunish about
'j.viding the receipts while we are dividing the expenditures;
id I hope that when the matter com es'back from conference
will be found that the House conferees have overpersuaded,
o use another plantation phrase, the Senate conferees in this
regard.
Air. GALLINGER. I will say to the Senator that the House
conferees are very much in the habit of overpersuading the Sen­
ate conferees. In every bill since— —
f
Air. SAIITH o f Georgia. Air. President-----Air. GALLINGER. I f the Senator will permit me a mo­
ment— in every bill that I have had anything to do with the
House conferees certainly have got their share in the matter
of amendments. I simply want personally to try to have this
matter adjusted. There, is an agit/ition which, in my opinion,
unless there is some adjustment of the matter, will destroy the
half-and-half principle ubon whiih we have been operating
since 1S79. If we can equitably arrange it in this bill, it will
be, in my judgment, a very wise thing to do. That is what I
want to d o; I want to do it.fa irly; and I think we will be able
to accomplish that.
Air. SMITH of Georgia. Air. /President, I should like to ask
the Senator if he does not think it right that this money should
go into the General Treasury; and if so, why should we not
make the proper record now instead o f disagreeing with some­
thing proper that the House has done?
Air. GALLINGER. I have said* Mr. President, that I am not
at all sure that this is the best Way to do it. Aly impression
has been that where the General Government pays one-half of
the salaries of the officials o f a District office in which fees are
collected, instead of taking-one-half-the receipts and depleting
the District revenues to th*t extent, and possibly preventing the
development that the Senator from Mississippi and I are so
anxious for, it might be a more equitable way for the District
to pay the salaries o f that office and then take all the revenues
derived from i t ; but I want to consult wi\h the House conferees
on that very point.
Air. W ILLIAMS. N<#v, as a matter o f 'fact, in these partic­
ular cases the fees, if £ may call them suab, do not go to the
officers; they go into the treasury of th(\ D istrict; but the
L
collected are paid
identical officers in whose names the fees
filed States pays
salaries, and the Geqjbral Treasury of the
one-half of those salaries.
Air. GALLINGER./ That is correct.
Air. SAIOOT. A nd gets no part of the fees? .
Air. WILLIAMS. And gets no part o f the recs. They are
already upon a salary basis; the General Government is paying
half o f the salaries. Now, as a matter o f fact, ’these fees do
go very largely toward making up the amounts\paid out in
salaries. Possibly in some cases they make up niore than is
paid out in salaries ; and it seems to me that one oft two things
ought to take place—either the District treasury should receive
the fees and pay the salaries or else both treasuries ought to
receive the fees and out of both treasuries the salaries should
be paid. I think it is fair that the latter o f the % o plans
should prevail, because then automatically the halfyind-lialf
principle prevails, whereas M all the receipts go into Hie Dis­
:
trict treasury and there is a difference between, receipts and
expenditures/the half-and-half principle no longer prevails.
Air. GALLINGER. The Senator may be right, and I kssure
him that, so far as I am concerned, it will be given very clreful
consideration. I have no prejudice about it at all, o ily I
think this As a good time to adjust the matter, and the''only
way to do it is to throw the matter into conference. Tkere
are one or two other items along the same line.
Air. SMITH of Georgia. Would the Senator give us kie
amount annually covered by this provision?
Air. GALLINGER. I can not now do so, I will say to the SeAator from Georgia.
Air. SAIITH of Georgia. Well, substantially.
Air. GALLINGER. I say I can not.
Air. SMITH o f Georgia. Did the Senator state that it in­
cluded the one-half paid by the property holders for sidewalk
improvements?

3606

CONGRESSIONAL RECORD— SENATE.

SlAEon 19,

At 1 o’clock and 41 minutes ,p. m. Mr. CRAWFORD entered
Mr. GALLINGER. I am not so sure now about that, but I
the Chamber and responded to his name, voting “ yea.”
tliink it does.
At 1.43 p. m. Mr. PENROSE entered the Chamber and re­
Mr. SMITH of Geor gia. I understood the Senator to say that
sponded to his name, voting “ yea.”
it did.
At 1.44 p. m. Mr. PERCY entered the Chamber and said: I
Mr. GALLINGER. Yes; I think it does.
Mr. SMITH of Georgia. Then, it must be quite a large sum. am paired with the senior Senator from North Dakota [Mr.
Mr. GALLINGER. Oh, quite a%hm. It will be given very M cC u m b er ]. I transfer the pair to,the Senator from Indiana
[Mr. Shively] and will vote. I vot£ “ nay.”
careful consideration.
At 1.45 o’clock p. m. Mr. NEWLANDS entered the Chamber
Mr. SMITH of Georgia. Then, Mr. President, it seems to me
/
that we put ourselves in a very peculiar position if we decline and voted “ yea.”
At 1.46 o’clock p. m. Mr. BQRAH entered the Chamber and
to agree to this proposition because the House inserted it. It
is clearly right; and if it is right, why should we make a wrong voted “ yea.”
At 1.47 o’clock p. m. Mr. RAYNER entered the Chamber.
record lienf on it V I think the provision ought to remain in
The PRESIDING OFFICER/ Has the senior Senator from
the bill, anti we ought not to strike it out.
Mr. GALLINGER. I hope the amendment may prevail, so Maryland voted?
Mr. RAYNER. He has not
that the matteft may be more calmly considered by the confer­
The PRESIDING OFFICER. The Chair recognizes the Sen­
ence committee than it can be in the Senate.
ator from Maryland.
Mr. WILLIAMS. Nobody is excited.
Mr. RAYNER answered “ present”
Mr. SMITH of Georgia, :1s there a place where considera­
At 1.48 o’clock p. m. Mr. CLARKE of Arkansas entered the
tion can he calmer than it is in the Senate? [Laughter.]
Chamber and voted “ nay.”
The PRESIDING OFFICER. The question is on agreeing to
At 1.49 o’clock p. m. Mr. FOSTER and Mr. THORNTON en­
the amendment reported by the committpe. [Putting the ques­
tered the Chamber and each voted “ yea.”
tion.] By the sound the “ ayes” appeal/ to have it.
The result was announced—yeas 35, nays 13, as follow s:
Mr. SMITH of Georgia. I ask for* a /division. I understand
the amendment strikes out the House provision.
YEAS— 35.
The PRESIDING OFFICER. The amendment strikes out the ■Tforah
Smoot
Nixon
Dillingham
Oliver
Sutherland
language in the House bill, and the Senator from Georgi.y Bourne
Fletcher
Swanson
Page
Foster
Bradley
thinks it ought to remain in the bill. /
Thornton
Penrose
Gallinger
Brandcgee
Mr. SMITH of Georgia. Yes; and the Chair was about/to Brown
Perkins
Townsend
.Tones
Poindexter
Warren
McLean
decide that the “ ayes ” prevailed, and that the amendment \fns Crane
Martin, Va.
Pomercne
Wetmore
Crawford
agreed to.
Nelson
Works
Richardson
Cummins
The PRESIDING OFFICER. In the opinion of the Clfiir, Curtis
Root
Newlands
the “ ayes” carried it.
NAYS— 13.
Mr. SMITH of Georgia. Upon that I demand a division
Percy
Williams
Lea
Bristow
The PRESIDING OFFICER. The Senator from Georgia asks Chamberlain
Martine, N. J.
Smith, Ga.
/Myers
Smith, S. C.
for a division.
/
Clarke, Ark.
Watson
Mr. GALLINGER. Mr. President, we had better hav< the Johnston, Ala. v Owen
NOT VOTING— 43.
yeas and nays.
Cullom
Johnson, Me.
Bacon
Rayner
The yeas and nays were ordered, and the Secretary proceeded Bailey
Davis
Kenyon
Reed
to call the roll.
Dixon
Kern
Bankhead
Shively
du Pont
La Follette
Simmons
Mr. SIMMONS (when his name was called). I have a gen­ Briggs
Gamble
Lippitt
Smith, Md.
eral pair with the Senator from Minnesota [Mr. Clapp]. Iijh is Bryan
Lodge
Burnham
Gardner
Smith, Mich,
absence I withhold my vote.
Stephenson
Lorimer
Burton
Gore
Stone
Gronna
McCumber
Mr. TOWNSEND (when the name of Mr. Smith of Michigan Chilton
Taylor
Guggenheim
Clapp
O’Gorman
was called). I desire to stale that the senior Senator fro
Tillman
Overman
Clark, Wyo.
Ileyburn
Michigan [Mr. Smith] is paired with the junior Senator froir Culberson
Paynter
Hitchcock
Florida [Mr. B r y a n ] , and 1 wish this statement to stand on
So the amendment was agreed to.
all votes to-day.
A
e reading of the bill was resumed.
Mr. LEA (when Mr. T a y l o r ’ s name was called). The senior
The next amendment of the Committee on Appropriations was,
Senator from Tennessee j?Mr. T a y l o r ] is detained from the
on page 5, after line 15, to insert:
Chamber by illness.
For the purchase
one mot/r vehicle for the offi­
Mr. WATSON (when pis name was called). I again trans­ cial use only of theand maintenance of building-/division in inspection
employees of the
fer my general pair with the senior Senator from New Jersey work, or so much thereof as may he necessary, $/,500.
[Mr. B riggs] to the junior Senator from Missouri [Mr. R eed],
The amendment was agreed to.
and I will vote. I vote “ nay.”
The next amendment was, on page 5, lifie 22, before the word
The roll call was concluded.
“ dollars,” to strike out “ four hundred ’’/and insert “ four hun­
Mr. BURNHAM. I have a general pair with the junior Sena­ dred and fifty ” ; on page 6, line 3, before the word “ dollars,”
tor from Maryland [Mr. Smith]. In his absence I withhold my to strike out “ one thousa'nd seven hundred ” and insert “ two
vote. If I were at liberty to vote I should vote “ yea.”
thousand” ; and in linen, before the word “ dollars,” to strike
Mr. DTI PONT. I have a general pair with the senior Sena­ out “ three hundred ” and insert “ ope hundred and fifty,” so
tor from Texas [ Mr/ Culberson | A s he is not present, I with­ as to make the clause read:
.
/
hold my vote. I f I were free to vote I would vote “ yea.”
Inspec or of plumbing, $2,000; prinPlumbing inspection divisi
Mr. BRADLEY. I have a pair with the senior Senator from cipal assistant inspector of lumbing, ,i 1,550; assistant inspectors of
l i ; clerk, $1,200; temporary emTennessee [Mr. Taylor], which I transfer to the junior Senator plumbing— 1 at $1,200, 4 at
additional assistan
for
from Wisconsin [Mr. Stephenson] and will vote. I vote “ yea.” ployment of as their services inspegitors of plumbing and laborers __
such time
_
be necessary, $2,000; draftsman,
Mr. DILLINGHAM. The general pair which I have with the $1,350 ; sewer tapper, $1,000 ; clA-k, $900 ; three members of the plumbsenior Senator from South Carolina [Mr. T illman] I trailsfer ing board, at $150 each; maintenance of motor cycle, $120.
to the junior Senator from Illinois [Mr. Lorimer], the transfer
The amendment was agreedVto.
to stand for all votes to-day. I vote “ yea.”
The next amendment was, 0a page 6, line 9, to increase the
Mr. LEA (after having voted in the negative). In voting, total appropriation for the main\enance of executive oflice of the
I should have stated that I have a general pair with the Sena­ District of Columbia from Snl2,\86 to $121,872.
tor from Rhode Island [Mr. L ippitt], which I transfer to the
The amendment was agi;£od
junior Senator from Maine [Mr. Gardner]. I make this an­
The next amendment wafe, in th<\ appropriation for care of the
nouncement for the day.
District Building, on page 6, line^4, before the word “ clean­
Mr. PERKINS (after having voted in the affirmative). I ers,” to strike out “ thirty ” and insert “ thirty-six,” so as to
have a general pair with the Senator from North Carolina read:
[Mr. Overman]. He is a member of the Committee on Appro­
Two chief cleaners, wbb shall also ha's charge of the lavatories, at
priations, and voted to report the pending bill, and I assume $500 each; 36 cleaners,, at $240 each.
he is in favor of this amendment. Therefore I will let my vote
The amendment was agreed to.
stand.
The next amendment was, on page
line 3, to increase the
The PRESIDING OFFICER. On this question the yeas are total appropriation for the care of listrict Building from
29, nays 11. Not a quorum of the Senate has voted.
$36,530 to $37,970.
Mr. GALLINGER (at 1 o’clock and 39 minutes p. m.). I
The amendment was agreed to.
move that the Sergeant at Arms be directed to request the pres­
The next amendment was, in the appropriation for the main­
ence of absent Senators.
tenance of the assessor’s office, on page 8, line 5, after the word
The motion was agreed to.
“ dollars,” to insert “ record clerk, $1,800,” find in line 8, before




\

CONGRESSIONAL RECORD— SENATE.

1912

3677

p e r h a p s iiy ^ fr t j^ t iin e s a s m u c h o u t o f th e T r e a s u r y a s a ll th e
h a t e p ^ jis io h b ills w e s h a ll p a s s a t t h is s e s s io n .
T h a t b ill
s s e d T n e S e n a te t o -d a y a f t e r a b o u t 2 0 m in u te s ’ d e lib e r a tio n ,
” ' '
'1
d
S e n a to r
n o t s o c a r e f"u l l y i n t e r e s t e d in it as to hav£
.......... ^ l c e
i t e m s c t f n m a f l a n d y e t i t w i l la agreat many miljidii.
May
[M r s o u t o ^ th fir T r e a s u r y .
J ' „ iTiJk the Senator from

tm

wjp

haw;5mu(d: is ei#ied»by*the '-'Jl1 ta wldchr“i refer W " /
he rail l<
v ir /r ^ n v iifs -/'

/

/ / M

^r.
This bill .ayCcariy .a fe^Cbrmdrtfd Th<»l':
.1ai'f;.U ,
R
. 1(1 ------ ^
^
anff I submit thVef vmm
tlKfcare we give to the consideration of those bills it hardly
seems fair to ask for a separate vote or a division on each or
d call for a quorum upon each. Every Senator knows that if
the Senator from Georgia follows such tactics we can not get
through with these bills duria^Rie entire summer.
SMITII o f Georgia. M v
PRESIDENT. ' r
J
to r n 1°lS tactics to a n y /o i amendment proposed by the Sen;
,e
+i
ow, them to such anfexi retaining the floor, o f course.
glve uf aByJP ea /
Mr. SMITH of Georgia. I do i
on bills he expects to / p o r t ' - The VICE PRESIDENT. No.
Mr. McGUAIBER. UM; maj
The S e c r e t a r y . On page 2 it
pending upon the leurth o f Rne 19 to line 22, inclusive, as fo

link I a n answer that question.
Tom th# bill the name of such a

an a^er it has passed and beoei^hen ?
uise, upon tne
j payment would not be made.
I wish to say to the Senate
____
/ J^The names of such persons are
came to us during the s p ir a l session, and they were considered, stricken out, either here or 111 the House, and if we should
t° a considerable extent, fl>s*Hie committee during the special inadvertently pass a bill containing the name of a deceased
session last year. Thereforetftfcwa»jvei'e a great many more person, the Pension Bureau would soon find out about the per­
ready for this session in the beginning than ordinarily is the son’s death, and when he died, and nothing would accrue to
case, because we had all the summer, while the Senat&'was in him.
session, to consider those bills. But we probably, judging from
Mr. SMITH o f Georgia. I f the claimant subsequently died,
Past experience, will report during the session frogtf 3,000 to the pension would stop.
3,500, depending upon the length o f the session. T h /H o u se has
I shall not detain the Senate longer on my motion to strike
already passed 1,500. The Senate committee has reported about jw t this particular clause.
800.
X
/
/
The VICE PRESIDENT. The question is on agreeing to the
Mr. SMITH oft Georgia. The Senator means / i a t there wia_ jjipfion c f the Senator from Georgia to strike out.
be about 3,000 altogether passed—House bills apd Senate billsT*
Mr. McCUMBER. On that I ask for the yeas and tuiy^s.
Mr. GALLINGK* 1 Both.
.
/
The yeas and hays were ordered, and the Secretary'-pro­
Mr. SMITH of Georgia. Of course, I realize the fact that ceeded to call the roll.
/
some of the persoias named in these bills^niave passed away
Mr. JOHNSTON of Alabama (when the name of Mr. CA am b e b l a i n was called).
The Senator from Oregon has been called
from the Chamber on an important matter.
i
Mr. CURTIS (when his name was called). I am paired with
the Senator from Maine [Mr. G a r d n e r ] , but am informed that
if he were here he would vote the same way that I would vote.
I will therefore vote. I vote “ nay.”
£
Mr. DU PONT (when his name was called). I jative a general
pair with the senior Senator from Texas [Mr. jPTjmjkrson] . I
do not see him in the Chamber, and therefore I Will withhold my
vote. If I were free to vote I should vote ‘“Any.”
Mr. GALLINGER (when his name was ca$ed). I have a gen­
eral pair with the Senator from Arkansas [Air. C l a r k e ] , For
that reason I withhold my vote.
j£
Air. McCUMBER (when his name was called). I am paired
with the senior Senator from Mississippi [Air. P e r c y ] . I will
transfer that pair to my colleague, the junior Senator from.
North Dakota [Mr. G b o n n a ] andgWote “ nay.”
Mr. OLIVER (when his name was called). I inquire if the
Senator from Oregon [Air. Chamberlain ] has voted.
The VICE PRESIDENT. JTe lias not voted.
Air. OLIVER. I have a j^neral pail* with the junior Senator
from Oregon, but it is understood between us that we would
probably vote the same JFay on these pension bills, and I am
therefore at liberty to dote. I vole “ nay.”
All*. SAIITH o f AlielJ?an (when his name was called). I am
paired with the junidT Senator from Florida [Mr. B r y a n ] , I
transfer that pair # the junior Senator from Wisconsin [Mr.
COu‘ 2

? ^ °°

lI t* 1
™
lengtlAM th(

? a r if g

T h e n a m e o f A b n e r F . C le m e n t , I
ment M a in e V o l u n t e e r I n f a n t r y , and
$24 p e r month in lieu o f that h e is no w r e c e iv i n g .

is n9 such proportion of deailis among the soldiers
licljsfgoes to substantiate w h a\ l have claimed, that
*e «-y to reach the cases of tie greatest exigency,
is /li stress and where there isVickness, and if we
J t on the side o f our better emotions and from a
itptude to those who were tlie\defenders o f our
Mt so many o f them die before vV can get any bill
jbfit entirely considered that we ikust strike out a
claimants is evidence that they aV> iu necessitous
s as a rule, and need the reliefViroposed to he




3678

CONGRESSIONAL RECORD— SENATE.

March 20,

PENSIONS AND INCREASE OF PENSIONS.
Mr. BURTON. I have a general pair with that Senator to­
day, and not being sure how he would vote on this question, I
Mr. McCUMBER. I move that the Senate proceed to the
withdraw my vote.
consideration of the bill (H. R. 14918) granting/pensions and
Mr. BRADLEY. I am paired with the senior Senator from increase of pensions to certain soldiers and sailor’s of the Regu­
Tennessee [Mr. T aylor].
lar Army and Navy, and certain soldiers and sailors of wars
The result was announced—yeas 6, nays 39, as follows:
other than the Civil War, and to widows of such soldiers and
sailors.
YEAS— 6.
Bacon
The motion was agreed to; and the Senate, as in Committee
Williams
Johnston. Ala.
Smith, Ga.
Fletcher
Martin, Va.
the Whole, proceeded to consider the bill, Jvhieh had been
reported from the Committee on Pensions with Amendments.
NAYS— 39.
dr. SMITH of Georgia. Mr. President, I lesire to suggest
Root
Curtis
Nelson
Smith, Mich.
Nixon
Gallinger
thitt we take up this? bill as in Committee of {aie Whole, that it
Smoot
Oliver
Heyburn
be read paragraph by paragraph, and that wefhave a vote para­
Sutherland
Owen
Jones
Thornton
graph by paragraph on it.
/
Page
Lea
Townsend
Penrose
Lippitt
The VICE PRESIDENT. Is there objection, then, to dis­
Watson
Percy
McCum
ber
pensing with the fonnal reading of the bill| The Chair hears
W
etmore
Perkins
McLean
W
orks
note.
Poindexter
Martine, N. J.
Pom
erene
Myers
Jlr. McCUMBER. i Mr. President, I rise/again to a point of
NOT VOTING— 40.
orfler, because we flight as well settle] the question as to
Shively
Kenyon
Davis
nfnether, in the consideration of a bill—not of amendments, but
Bailey
Sim ons
m
Kern
Dillingham
Bankhead
the consideration df the bill itself—wei^ayvote upon the Liu
Smith, M
d.
La Follette
Dixon
Bourne
:em by item where inhere are no amendments offered. It does
Smith, S C.
Lodge
du Pont
Bradley
Stephenson
Lorimer
Foster
Bryan
seem to me that if we adopt that as ajprecedent it certainly
Stone
Newlands
Gamble
Burton
will come back to plague us in the future. For instance, if ;i
Swanson
O'Gorman
Gardner
Chamberlain
tariff bill were to be ftaken up from t l j beginning to the end
Overman
Taylor
Gore
Clapp
Tillman
Paynter
Gronna
Clarke, Ark.
with special relation |o each item, we fnight vote one item in’
Warren
Guggenheim
ltayner
Crawford
we might vote the nejft item out, and /the next one in, and so
Ileed
Hitchcock
Culberson
forth, and we certainly would have a T-onderful conglomeration
Richardson
Johnson, M
e.
Cummins
The VICE PRESIDENT. The Senator from Delaware [Mr. when we got through iwith the bill. Then, instead of the bill
passing by a single vo|e, we are passing a single bill by piece­
d u P o n t ], the Senator from Wyoming [Mr. W a r r e n ] , the Sen­
ator from Ohio [Mr. B u rto i 4 ], and the Senator from Kentucky meal in several votes. |
It seems to me, Mr. |President, that we have got to have a
[Mr. B r a d l e y ] , all present, announcing that they refrained
from voting because of being paired, make a quorum present. final vote, and the finalfvote has to p c one single vote upon the
bill. But if this proposition is a correct method of dealing with
The “ nays ” have it, and the amendment is rejected. The ques­
all kinds of bills that ale made u| of more than one item, in­
tion is on the engrossment and third reading of the bill.
Mr. SMITH of Georgia. Mr. President, the motion which I stead of passing the billuiy a singge vote we are passing it per­
haps by. a dozen or by a thousand/ or, if a tariff bill, by five or
r
just made to strike out applied to the case of-----Mr. BACON. If my colleague will pardon me a mpment, I ten thousand separate votes uponfthe final passage of the bill
\i
do not desire to raise the point now with a view to j. present That certainly seems to m to be Incongruous.
The VICE PRESIDENT. T l* Senator from Georgia, of
decision and only mention it in order that it may pbt be con­
course, can reach the same\objec| by moving to strike out each
strued into a consent.
/
I wish to say most respectfully that I utterly disagree with paragraph as it is read. If The Sienator is willing to adopt that
the Chair and, with doddle respect, I consider it jfo be beyond mode of procedure, very well. Otherwise the Chair will submit
his authority in announcing a quorum when the Tailing of the the question to the Senate,! as| he intended to do heretofore.
roll did not disclose it; an nothing short of tho/voting “ yea ” Whichever course the Senator desires is open to him.
Mr. SMITH of Georgia. ferfcept the difference is this, Mr.
um in the Senate upon the call
or “ nay ” can constitute a
President. It has been sugge|t£d to me by my colleague that the
of the yeas and nays.
I did not wish it to pass sulYsilentio and in at way possibly effect is just the same.
ertainly.
The VICE PRESIDENT.
be cited in future as a precedent in which
nate had acquiMr. SMITH of Georgia,
the effect is not the same to this
esced. The matter has been tmnshed out
■ to fore, and the
e
ut is subject to a motion to lay
differences on this subject are weU understo
I did not think it extent. A motion to stril
rid of very readily, while, on the
proper to let it pass without me%tionin
dissent as to that on the table and can be
other hand, if the paragra
tself were to be voted upon, that
ruling.
The VICE PRESIDENT. The junior/Senator from Georgia course could not be follow
I suggest that difference?in this particular instance because I
will proceed.
J
Mr. SMITH of Georgia. The mVti
to strike out, which I desire to avoid a motionfto l|y on the table. I do not wish
made a few moments ago and whil
as voted down, was in to use the procedure that I ir tend to take for what might in
the case of a soldier who entered th| 'Army March 1, 1S65. The any sense be termc-d a fifbust V. I think to take a half hour
war was practically over at that ti
At any rate, the length or even an hour on a bil covei]ing 150 to 200 pensions can not
filibuaher. I think the Senator must
of his service was so short duri
e actual war that I took in any sense be called
it as an illustration of my obje
to special pensions that certainly agree that tha is true
I do not know that
will iripist, Mr. President, upon your
this gentleman, who entered the /;erv e Mai’ch, 1865, should be
put up to $24 a month as a special pensioner while many of the submitting that questio to theaSenate. When the first parasoldiers who fought for four years areinot in the same position. graph has been read I ill movelto strike it out.
Mr. McCUMBER.
r. President, I wish simply to answer
The Senate having rejected the motion to strike out, and that
being an illustrative case, I sffiall not inake another motion to the Senator from Georgia. I certainly do not wish to accuse
strike out on this bill and/will delaj the Senate no longer him of such a purpose when he hhs disclaimed it. But, knowin0 the Senator, I felt when he p&Ked out the le iy first name
upon it.
The VICE PRESIDENT^ The question is on the engross and so far forgets himself and thlse names which to him are
household words as/to move to strike out from any bill the
ment and third reading of/the bill.
The bill was ordered to/be engrossed |r a third reading, and name of Thomas Jefferson, he rnusi really be intending to fili­
buster and must notfhave the quest fcn sincerely at heart.
it was read the third time, and passed
Mr. SMITH of Georgia. I regret Very nfuch that I made the
SERVICE TENSIONS.
motion. The trutlf is I overlooked|the fact, or else I would
have passed him oI his name
The VICE PRESIDENT. The hour of|4 o’clock having ar­
The VICE PRESIDENT. The S e c t a r y will proceed to read
rived, the Chair lays before the Senate th^ unfinished business.
It will be stated.
the bill.
j
T ,
The S e c r e t a r y . A, bill (II. It. 1) granting a service pension
Mr BACON. If the Chair will pardon me a moment, I do
to certain defined veterans of the Civil Waife and the War with not understand the Chair to have ruild that the bill can not
Mexico.
|
be considered by items.
%,
,
Mr. McCUMBER. I do not understand tl%it there is anyone
The VICE PRESIDENT. N o ; the CHfair did not rule.
who desires to speak upon the bill this afteApoon. I therefore
Mr SMITH of Georgia. And I do not press my motion on
ask that it may be temporarily laid aside.
I
that "subject, because I am not prepared |iy an examination of
The VICE PRESIDENT. Without objection, the unfinished the precedents to submit anything to the Chair in support of
business will be temporarily laid aside.
my motion, and I do not wish to be the cause of a ruling when




1912

CONGRESSIONAL RECORD— SENATE.

3829

some one suggesting to take a recess, and I Wanted to anticipate
The PRESIDENT pro tempore. The Chai# will state that he
it. Personally, I should be in favor o f continuing tliis debate understood the Senator from Kansas to s^y that he did not
until tbe vote is taken, but I do not desire to insist upon an object.
1
, Air. BRISTOW. Oh, no.
uncomfortable rule.
/
The PRESIDENT pro tempore. As .the Chair understands,
The PRESIDENT pro tempore. Then,
course, the request
there is no suggestion pending that thd Senate now take a re­ foi\unanimous consent is not agreed to.
here is objection to
cess. The Senator from Idaho has aiked unanimous consent the request.
tin t a certain agreement be entered. /
Air. ROOT and others. Regular order i
Hr. HEYBURN. I ask that the Chair put the request for
The PRESIDENT pro tempore. The question is on agreeing
un mimous consent to meet at 11 o’clock to-morrow and to vote to the amendment proposed by the Senator from Washington
at 3. I think the objections have befen withdrawn.
[Air. Jones] to the motion offered by the Senator from Idaho
Hr. BRISTOW. Mr. President— f[Air. H eybtjrn]. [Putting the questioi
In the opinion of the
r he PRESIDENT pro tempore. W ill the Senator from Kan­ Chair, the “ noes^Uhave it.
J
sas allow the Secretary to state the request as the Chair under­
Air. BACON and Mr. STONE. Who, is the motion?
stands it?
The PRESIDENT W o tempore. Tl questionAir. LEA. Do I understand the Senator from Idaho to put
Air. HEYBURN. Hofc the Chair announced the vote?
the jio u r for voting at not later thhn 6 ?
The PRESIDENT p r o ’tempore. The Chair stated the ques­
MV. HEYBURN. Yes.
tion to be upon agreeing W the amendment proposed by the
LEA. Very well.
/
Senator from Washington [A lV joN jfc] in the nature of a substi­
PRESIDENT pro tempore! The Secretary is attempting tute for the motion proposed B ^tjfe Senator from Idaho [Air.
luce to written form the suggestion of the Senator from H eyburn ].
Air. STONE. We should like tcfTtaye the question stated.
The Secretary will state the request.
The PRESIDENT pro tem pore/ TrW secretary will state the
Secretary read as follow s:
“ Itlis agreed, by unanimous' consent, that when the Senate amendment in the nature o f a sifbstitutB^proposed by the Sena­
takes h recess it ✓ shall be to meet at 11 o’clock to-morrow; that tor from Washington.
Air. HEYBURN. Now, Air. president, l<\that question be
not lalpr than G o’clock to-moa-row the Senate will consent to
vote unon the motion made
Mr. H eybtjrn , that the Senate stated; but I understood that/the Chair putS^lie question on
agree t l the report of the Gfbmmittee on Privileges and Elec­ the adoption o f the report o f t(fc committee.
The PRESIDENT pro tempdre. N o; the Chair fNffthe ques­
tions declaring that in the /pinion o f the said committee the
charges Itreferred by the Legislature o f the State o f Wisconsin tion upon agreeing to the substitute proposition o r^ h e Sen­
were not sustained, and taat the election o f the said I s aa c ator from Washington, and f the Senator from IdahoWyoted
Stephenion as a Senator /o f the United States was not pro­ “ no.”
cured bylcorrupt methods /o r practices, and upon any amend­
Air. CUAIAIINS. I understood there was only one vote eitlrW
ment that may then be pc/iding or offered to such motion, and way, and that was for the substitute.
'swill contVue such voting until the question is finally dis
The PRESIDENT pro tenjpore. As the result was being an­
posed of.”
nounced the question was raised as to what the motion was
Mr. HEPBURN. I s iig e st that the word “ substitute ” be upon which the Senate was voting. The Secretary will again
inserted, a| there is onefof the amendments that is termed “ a state the amendment in the natux-e of a substitute proposed by
substitute.’
the Senator from Washington.
The PRESIDENT pro? tempore. That will be included in the
The Secretary. On February 19, 1912, Air. H eybtjrn moved
word “ amendment.”
that the report of the committee be adopted and that I saac
Mr. HEYBURN. Ve#y well
Stephenson be declared entitled to a seat as a Senator from
Mr. BRISTOW. Mr# Presidentthe State of Wisconsin in the United States Senate. On March
The PRESIDENT pfo tempore. Does the Senator from Idaho 22, 1912, Air. Jones offered the following as an amendment ii
3rield to the senator f/om Kansas?
he nature of a substitute for the motion made by Air. H eybtjrn,
Mr. HEYBWRN,
namely:
Mr. BRISTBW . Iltm in sympathy with the suggestion of t
R e s o lv e d , That I saac S t e p h e n s o n was not duly and legally elected to
Senator from View Irork [Mr. R oot]. I think we ought to to a seat in the Senate of the United States by the Legislature of the State
of Wisconsin.
ahead now a n l debate this matter until it gets late, and thin
Air. HEYBURN. Now, Air. President, J. do not desire any in­
we can take a lre cA s until an early hour to-morrow and gpt
consistent record in connection with thks matter. I understood
through. We l* v e fconsumed enough time now in trying to
some hour for A®tiag to have had one of the proposed speeche? the Chair to say: “ I f there is no fuDmer discussion, the ques­
made. I will %\lfe to object to the request for unanimous tion is upon the addition o f the morion of the Senator from
Idaho,” and upon tha^H voted. Ijflid not vote upbn anything
consent.
The PRESIDEWr pro tempore. The Chair will state to the else, and I do not care tVliave tlioiHtEcoRD-----The PRESIDENT pro\temp<re. The Senator from Idaho
Senator from K alsas that the request for unanimous consent
just preferred byjlhe Senator from Idaho does not contemplate misunderstood the Chair, f o e flmair stated the questionAlr. HEYBURN. Then the>/lEC 0 RD should be corrected as to
a recess at the l/is e n t time, but only provides that when the
Senate takes a leless it shall be until 11 o’clock to-morrow. the vote.
The PRESIDENT pro totfpoiV Of course, the explanation
There is no presait suggestion o f a recess.
Mr. BRISTOW. The purpose is, I know, to take a recess as of the Senator goes into t h / RECoilK,and the R ecord stands corQuickly as possible A fter this agreement is entered into, and rected.
Air. HEYBURN. ' That is true; b u tfo a m entitled to have it
then we will difcg alyng until late to-morrow afternoon, when
we will be coiifrontecBwith amendments and substitutes which in uninterruptedly, because of the misunderstanding between
we will have fio opportunity to understand before they are the Chair and myself, and not to have it afterwards made the
subject of controversy.
voted upon
r. CULBERSON. I move that the Senate take a recess
Mr. IIEYBUftN. Thlpe is no such intention. I contemplate,
until 11 o’clock to-morrow.
that a considejible timeVvill be used this afternoon in speaki
The PRESIDENT pro tempore. The Senator from Texas
The PRESIDENT pro Tempore. It will be for the Senab
moves that the Senate stand in recess until 11 o’clock to-morrow
say whether i f desires to Yike a recess now or later.
morning. The question is on that motion. [Putting the ques­
Air. IIEYBWRN. I sh a l not move to take a recess now.
tion.] In the opinion of the Chair the “ noes ” have it.
liepe the S en *e will contiiAie in session, and I'shall ask tlia
Air. CULBERSON. I ask for the yeas and nays.
continue in Session until late to-night, unless we reach
The yeas and nays wei*e ordered, and the Secretary proceeded
agreement.
The PRES [DENT pro teApore. The Secretary has statec to call the roll.
Air. CHAAIBERLAIN (when his name was called). I have a
the request for unanimous qonsent preferred by the Senator
from Idaho! Is there objection? The Chair hears none, and 4-general pair with the junior Senator from Pennsvlv.nnin [Air.
^ewwNeii^w^wW flllliF^TuVrEm seim Tor^om Oklahoma [Mr.
the order is# mtered accordingly. The question is-----Mr. B R lfT O W . Mr. P r e s e n t , I entered an objection to O wen ] and will vote. I vote “ yea.”
Mr. BURNHAM (when Air. Gallinger’ s name was called).
thnt request for unanimous conVent.
The PRlJsiDENT pro tempor^ The Chair did not hear the Aly colleague, the senior Senator from New Hampshire, is paired
with the senior Senator from Arkansas [Mr. C l a r k e ].
Senator.
Air. GAAIBLE (when his name was called). I have a general
All-. B R f o o w .
I did object\most emphatically, and the
pair with the junior Senator from Arkansas [Air. D avis ]. I
R ecord wifi show it.




CONGRESSIONAL RECORD— SENATE.

3830

transfer i t to the junior Senator from Vermont [Mr. P a g e ] a n d
will vote. I vote “ nay.:
Mr. OVERMAN (when his name was calleA). I have a gen­
eral " h a i r with the senior Senator from California [ M r . P e r ­
k i n s ] . >^do not see him in his seat, and th/refore withhold my
vote.
Mr. CUI?ffTS (when Mr. P a g e ’ s name^/vas called). I have
been requested to announce by the junior Senator from Ver­
mont his absence from the city as a mt/nber of a committee of
the Senate.
Mr. TOWNSEV d (when the name d f Mr. S m i t h of Michigan
was called). Th\ senior Senator frgan Michigan is out of the
city on business otethe Senate.
Mr. STONE (wlieW his name wa&fealled). I desire to inquire
whether the Senator\rom Wyoming [Mr. C l a r k ] has voted?
The PRESIDENT pro tempore/ He has not voted.
Mr. STONE. I hav\ a general pair with the Senator from
Wyoming, which has been transferred to the senior Senator
from Virginia [Mr. MariI n ], a /d I will vote. I vote “ yea.”
Mr. LEA (when Mr. T jwlojts name was called). The senior
Senator from Tennessee ii\<|etained from the Chamber by ill­
ness.
Mr. WATSON (when h i/ ifcime was called). I transfer my
general pair with the se/iorXSenator from New Jersey [Mr.
B r j g g s ] to the junior Senator rfynn Louisiana [Mr. T h o r n t o n ]
and will vote. I vote ‘Vyea.”
The roll call was concluded.
Mr. WARREN. I /fesire to state that my colleague [Mr.
C l a r k ] is absent on/business o f t h & Senate.
He is general!
paired with the Senator from Missouri [Mr. S t o n e ] .
Mr. BACON (aftgir having voted in the affirmative). I hj»Ve
a general pair wit( the Senator from Minnesota [Mr. Nel^Pn ]
during his presen, absence. I forgot the fact and vot<
withdraw my vot
Mr. BURNHMM. I have a general pair with the S &ator
<
from Maryland, [Mr. S m i t h ] , b u t having been released lerefrom I will vojfe. I vote “ nay.”
Mr. CULBERSON (after having voted in the affirms ;ive).
In view of ffiy general pair with the Senator from Deli ware
[Mr. d u P o n t ] I withdraw my vote.
Mr. POSTER. I wish to state that my colleague [Mr.
[ORNt o n ] is absent on business of the Senate.
The result was announced—yeas 17, nays 36—as follow
Bourne
Bryan
Chamberlain
Foster
Gardner
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Chilton
Clapp
Bacon
Bailey
Bankhead
Borah
Clark, Wyo.
Clarke, Ark.
Culberson
;J)avis
Dillingham
Dixon

YEAS— 17.
Johnston, Ala.
Pomerene
Martine, N. J.
Rayner
Newlands
Simmons
O’Gorman
Smith, Ga.
Percy
Smith, S. C.
NAYS— 36.
Crane
Hitchcock
Crawford
Johnson, Me.
Cullom
Kenyon
Cummins
Lea
Curtis
Lippi tt
Gamble
Lodge
Gore
Lorimer
Gronna
McLean
Heyburn
Myers
NOT VOTING— 38.
du Pont
Oliver
Fletcher
Overman
Gallinger
Owen
Guggenheim
Page
Jones
Paynter
Kern
Penrose
La Follette
Perkins
McCumber
Poindexter
Martin, Va.
Reed
Nelson
Shively

Stone
Watson

Smith, Md.
Smith, Mich.
Stephenson
Swanson
Taylor
Thornton
Tillman
Williams

So the Senate refused to take a recess.
Mr. HEYBURN. I desire to submit a proposition for unani­
mous consent. I ask unanimous consent that when the Senate
takes a recess it shall be untiUul o’clock to-morrow morning,
and that to-morrow at 6 o’clock^---Mr. SMOOT. Not later thaq-G o’clock.
Mr. HEYBURN. Not later, than 6 o’clock the Senate shall
commence to vote upon this resolution and all amendments and
substitutes.
The PRES IDE.NT pro tempore. And finish before adjourn­
ment ?
Mr. HEYBURN. l'e§; and without further debate.
Mr. BACON. All amendments pending and that may be
offered ?
Mr. HEYBURN. Yes; the usual form.
Mr. BRISTOW. Mr. President-----The PRESIDENT pro tempore. Will the Senator from Kan­
sas allow the Secretary to report the request?




The S e c r e t a r y . That when the Senate takes a recess^d-day
it shall be tb meet at 11 o’clock to-morrow mornin^^fhd that
not later tha\ 6 o’clock to-morrow the Senate slyflr commence
voting upon tnK motion made by the Senator f j I d a h o [Mr.
I I e y d u r n ] that t h e Senate agree to the repory l w the Committee
on Privileges anokElections declaring tli^ rm the opinion of
the said committee the charges preferrwrfny the Legislature of
the State of Wisconsifv against I s a a c i S/J e p i i e n s o n , a Senator of
the United States froinythe State (^nVisconsin, were not sus­
tained; and that the election of j^nd I s a a c S t e p h e n s o n as a
Senator of the United Styles Jras not procured by corrupt
methods or practices, and utyn^any amendment that may then
be pending or offered to sud^inotion, and shall continue such
voting until the question iamiifHiJy disposed of.
Mr. BRISTOW. AsJ /€ n derstW l the proposed agreement, it
is that the Senate sha/T meet at IlW clock to-morrow and vote
not later than G j/objected to praffiicall.v the same request
.
some time since, y#ft I have been advh(ed that a Senator who
expected to speaK immediately after tlik Senator from Idaho
[Mr. B o r a i i ] hftd closed is ill and unable'sR) go on this after­
noon. Undei/fhose circumstances I will notwffer any objection
to the request for unanimous consent, understanding, of course,
that we Jfto not have to stay here until 6 o ’clock to-morrow
unless^oiere is some one who wants to take up the time; that
we jrfay vote at any-time between 11 and G o’clock,
le PRESIDENT pro tempore. Is there objection?
r POIMDESaiBf e - . T ---------------- ---------- ^ /T lie PRESIDENT pro tempore. Objection is made. The
question is on agreeing to the amendment proposed by the Sen­
ator from "Washington [Mr. J o n e s ] . [Putting the question.]
The noes appear to have it.
Mr. CULBERSON. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. HEYBURN. Mr. President, I ask that the question be
stated.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Washington
[Mr. J o n e s ] in the nature o f a substitute.
Mr. CRAWFORD. I call for a reading of the amendment.
The PRESIDENT pro tempore. The Secretary will read the
amendment.
The Secretary. The Senator from Washington offers the
following as a substitute for the motion made by the Senator
from Idaho:
R esolved , That I s a a c S t e p h e n s o n w a s not duly and legally elected
[o a seat in the Senate of the United States by the Legislature of the

|(ate o f W isconsin.

Nixon
Richardson
Root
Smoot
Sutherland
Townsend
Warren
Wetmore
Works

March 26,

urn'll

tor! OVERMAN. 1 'STlggH ffife absence or a quorum.
SC
jTho PRESIDENT pro tempore. The yeas and nays have
belli ordered. The Secretary will call the roll,
phe Secretary proceeded to call the roll.
Ir. CHAMBERLAIN (when liis name wafs called). I have
leneral pair with the junior Senator fronV Pennsylvania [Mr.
iveb].
I transfer it to the senior Senator from Oklahoma
tr. O w e n ] and will vote. I vote “ yea.” /
fMr. HEYBURN. A parliamehtary inquiry, Mr. President.
The PRESIDENT pro tempore. The Senator from Idaho
will state his parliamentary inquiry.
/
Mr. HEYBURN. Senators are voting ‘/ y e a ” or “ nay ” on a
call of the Senate fo\ the purpose of determining whether or
not a quorum is present.
The PRESIDENT p i\ tempore. In m e opinion of the Chair
the Senator is mistaken^. The yeas and nays have been ordered
upon the question of agreeing to the amendment offered by the
Senator from Washington to the motion of the Senator from
Idaho. Those in favor ai the amendment proposed by the
Senator from Washington will vote “ yea ” and those opposed
nay.” The Secretary will proceed with the roll call.
Mr. HEYBURN. Was thejfce not a suggestion of a lack of a
quorum?
\
Mr. LODGE. It came too If
The PRESIDENT pro temppfe. It came too late.
Mr. HEYBURN. I did not lifkir the ruling of the Chair.
Mr. CULBERSON. I risjfto A question of order. Debate is
not in order while the roll is being called.
The PRESIDENT pro femporeA, The point of order is sus­
tained. The Secretary w*l proceedlwith the roll call.
The Secretary resumed the calliuaof the roll.
Mr. BURNHAM (when Mr. Gall^nger’s name was called)
My colleague, the senior Senator froinV ew Hampshire, is paired
with the senior Senator from Arkansas [Mr. Clarke]. If niy
colleague were present and at liberty to vote, he would vote
“ nay.”
_________ _______\

Mr. GAMBLE (when his name w*as called). I have a general
pair with the junior Senator from Arkansas [Mr. DAvis]. I
transfer it to the Senator from Colorado [Mr. G u g / e n h e i m ]
and will vote. I vote “ nay.”
Mr. OVERMAN (when his name was called). I Jjfhve a gen­
eral pair with the senior Senator from California [MY. P e r k i n s ] .
I do not see him in his seat and therefore withhold my vote.
Mr. TOWNSEND (when the name o f Mr. SMiTiffof Michigan
as called). The senior Senator from Michigan, Who is absent
om the city on official business, is paired w/th the junior
Senator from Missouri [Mr. R eed ].
r. STONE (when his name was called). U'have a general
pai\ with the Senator from Wyoming [Mr. CiA re:]. I am not
autlffcrized to say how he would vote, nor do ft know how any
absei\ Senator would vote. I will not transfer the pair, but
under\he circumstances will withhold my vojce.
Mr. HEA (when Mr. T a y l o r ' s name was (Idled). The senior
S en ator\ om Tennessee [Mr. T a y l o r ] is qmte ill at his apart­
ments an\ as I understand from a telephone message to-day,
no one is aYle to communicate with him. Ham therefore unable
to state h om h e would vote on this quest!
Mr. FOS iY r (when Mr. T h o r n t o n ’! name was called)
My colleague\[Mr. T h o r n t o n ] is absent on business of the
Senate.
Mr. PERCY Y h e n the name of M i\ / W i l l i a m s was called).
M y colleague [ M \ 'W i l l i a m s ] is unavoidably detained from the
Chamber by sickness. He is paired w it! the senior Senator from
Pennsylvania [M r. Y P e n b o s e ] . I f i n Y colleague were present
and at liberty to votY he would v o t e /‘ yea "
The roll call was concluded.
Mr. WARREN. I dos-ire to annoii!ce that my colleague [Mr.
C l a r k ] is absent on th\ business off the Senate and has a pair
with the Senator from Missouri [Mp. S t o n e ] .
Mr. POINDEXTER. I Yesire to/State that my colleague [Mr.
J o n e s ] is absent on publicYusinef
Mr. BRADLEY. I am paired #ith the senior Senator from
Tennessee [Mr. T a y l o r ] . I xia\4 received a message over the
phone from his secretary releasing me from that pair, but in
order to prevent any question, iVransfer the pair to the Senator
from Vermont [Mr. P a g e ] and will vote. I vote “ nay.”
Mr. REED. I regard myself/isMiaired with the Senator from
Michigan [Mr. S m i t h ] . I tranpfei*\the pair to the Senator from
Indiana [Mr. S h i v e l y ] and wYil vorfe. I vote “ yea.”
Mr. BACON. I am pairea on tads question and also gen­
erally with the senior Senator frornVdinnesota [Mr. N e l s o n ] .
Eor that reason I shall now vote. I \ m informed that if the
Senator from Minnesota wewe present h\would vote “ nay,” and
I should vote to the contrary.
Mr. WARREN. The Sejtator from Delaware [Mr. d u P o n t ] ,
who is confined to his houpe by illness, plmned me a short time
ago that he would be unable to come here\ He is paired with
the Senator from Texas £ Mr. C u l b e r s o n ]
Mr. CULBERSON (after having voted ihVtlie affirmative).
In view of the statement/made by the Senator V om Wyoming, a
statement which I myself had intended to ma\e, I withdraw
thy vote.
Mr. OWEN. Mr. Pilsident, I should like to as\ whether or
not the record shows/that I am at liberty to vot\ I under­
stand the Senator froffi Oregon made a transfer during my tem­
porary absence from Ihe Chamber.
Mr. CHAMBERLAIN. I will state that I did that. l\hought
the Senator would i*>t be here.
Mr. OWEN. Thai is entirely agreeable to me. If I w ife at
liberty to vote, I wash to say I would vote “ yea.”
Mr. CURTIS. lavish to announce that the Senator from Ver­
mont [Mr. D i l l i n g h a m ] is paired with the Senator from South
Carolina [Mr. T i i £ m a n ] , and that the Senator from Montaiia
"T r. D i x o n ] is paired with the Senator from Alabama [Mr.
B a n k h e a d ].

The result was announced— yeas 27, nays 29, as follow s:
Borah
Bourne
Bristow
Brown
Bryan
Chamberlain
Clapp
Bradley
Brandegee
Briggs
Burnham
Burton
Chilton
Crane
Cullom

3831

CONGRESSIONAL RECORD— HOUSE.

1912.

YEAS— 27.
Kenyon
Crawford
Kern
Cummins
Lea
Gardner
Martine, N. J.
Gore
Myers
Gronna
O’Gorman
Hitchcock
Poindexter
Johnson, Me.
NAYS— 29.
Lorimer
Curtis
McLean
Fletcher
Newlands
Foster
Nixon
Gamble
Pomerene
Heyburn
Rayner
Johnston, Ala.
Richardson
Lippitt
Root
Lodge




Reed
Simmons
Smith, Ga.
Smith, S. C.
Townsend
Works

Smoot
Sutherland
Warren
Watson
Wetmore

Bacon
Bailey
Bankhead
Clark, Wyo.
Clarke, Ark.
Culberson
Davis
Dillingham
Dixon

NOT VOTING— 35.
du Pont
^Overman
Gallinger
TOwen
Guggenheim
Page
Jones
Paynter
La Follette
Penrose
McCumber
Percy
Martin, Va.
Perkins
Nelson
Shively
Oliver
Smith, Md.

Smith, Mich.
Stephenson
Stone
Swanson.
Taylor
Thornton
Tillman
Williams

So the resolution o f Mr. J o n e s w a s rejected.
Mr. HEYBURN. I move that the Senate take a recess until
11 o’clock to-morrow morning..
The motion was agreed to; and (at 5 o’clock and 23 minutes
p. m., Tuesday) the Senate took a recess until to-morrow,
Wednesday, March 27, 1912, at 11 o’clock a. m.
H OUSE

OF

E E P B E S E N T A T IV E S .

sday,

March 26, 1912.

The House met a 12 o’clock noon.
jfc
The Chaplain, Rqv. Henry N. Couden, D. D., offered the fol­
lowing prayer:
Our Father in heAven, open Thou our spiritual eyes that we
may discern beneatls the rough exterior in every liftman heart
the image o f his Mhker; that a profounder l o a
broader
charity may prevail, land the ties of fraternity ha~ve a broader
scope, a deeper significance. That the genius o f the Christian
religion may find if.4 full fruition in every heart and Thy
kingdom come, Thy win be done in earth as it is in heaven. In
the spirit of the Lord Jesus Christ. Amen.
The Journal o f the proceedings of yesterday was read and
approved.
a v ia t io n

in

w arfare

.

/

Mr. HAY. Mr. Speaker, by direction of the Committee on
Military Affairs, I present the following privileged resolution,
which I send to the desk and ask to have reftd.
The Clerk read as follcnvs:
Housb resolution 448,/
R e s o lv e d , That the great Importance and necessity of a practical
knowledge of aviation as it welates to warfare being now generally
admitted by all civilized nations, some of whjfch are spending large sums
of money in equipping their artnies with various kinds of air craft as a
means both of attack and of transport, the.jBecretary of War be, and he
is hereby, respectfully request®!, if not incompatible with the public
interests, to send to the House \ i Representatives full information upon
the following points :
\
First. The results of his investigation and the transmission of any
reports made by our official aaents ifi foreign countries as to the
development, and value of aerial \navi;mtion, either for the purpose of
warfare or to encourage scientific research.
Second. The extent and cost lof fcur Government’s equipment in
aeroplanes or other air craft no
tYing used in any capacity by the
War Department, and the nature o tpe instruction in aeronautics which
is being given to its Army officers
d enlisted men.
Third. The plans now contemp ted by the War Department for
increasing the present equipment
aeroplanes, hydro-aeroplanes, and
other air craft for the purpose
warfare and national defense,
together with recommendations
h legislation as will adequately
provide for such service with r
both to increasing the number
of Army officers of the Signal '
ps Who may be detailed for aviation
service as well as the. establis
ent %3f additional schools of instruetion and the building up of oug air
commensurate with the necessity of properly maintaining ojflr militfcry status among the nations of
~
the world.

srk will read the report (No. 450).
The SPEAKER. The
The Clerk read as follows
Mr. H ay , from the Cormnjttee on Mill
lowing report to accompany? House resol
The Committee on Military Affairs, to
resolution 448, having considered the
recommendation that it dIff pass with the
Strike out on page 1, ijne 7, the words
insert the word “ directedp” ; and in lines
words “ if not incompatible with the publi

i-y Affairs, submitted the folon 4 48 :
hom was referred the House
ne, reports thereon with a
ollowing amendments :
•espectfully requested,” and
nd 8, page 1, strike out the
interests.”

The SPEAKER. rh e question is
/
agreeing to the arnendments.
Mr. MANN. Mr. .Speaker, as I could to t catch the purpose of
the resolution froip the reading at th i desk, I will ask the
gentleman from Virginia to explain what it is.
Mr. HAY. Mr. .^Speaker, this is a resciution asking the War
Department to furnish the House of Representatives informa­
tion as to the present condition o f the aviation service, and also
asking that department to furnish any otli&r information it may
have, with a view to further building up t
aviation service in
the United States Army.
The SPEAKER. The Clerk will report )e amendments.
The Clerk rqhd as follow s:
Page 1, line ft, amend by striking out the
quested ” and insert the word “ directed.”

The SPEAKER. The question is on agree
ment.
The amendment was agreed to.

“ respectfully re-

to the amend-

CONGRESSIONAL RECORD— HOUSE.

March 26,

The reason for that is that it is usual for an exchange of docu­
ments between this Government and foreign Governments to be
made in that way. I ask for a vote on the amendments.
The SPEAKER. The question is on agreeing to the amend­
The SPEAKER. The question is on agreeing to the amend­
ments to the Senate joint resolution.
ment.
The question was taken, and the amendments w<?re agreed to.
The amendment was agreed to.
The SPEAKER. The question now is on the engrossment and
The SPEAKER. The question now is on agreeing to the
amended resolution.
\
third reading of the Senate concurrent resolution as amended.
The resolution was ordered to be engrossed and read a third
The question was taken, and \the amended resolution was
agreed to.
time, was read the third time, and passed^
The title was amended so as to read : “ Joint resolution author­
PE N SION S,
Mr. GREGG of Pennsylvania. Mr. Speaker, I ask unani­ izing the Librarian of Congress to furnish a copy of the daily
and bound C o n g r e s s i o n a l R e c o r d to tlje undersecretary of state
mous consent to address the House f\r 10 minutes.
for external affairs of Canada in exchange for a copy of the
The SPEAKER. Is there objection?.
/
Mr. MANN. Mr. Speaker, reserving1the right to object, in Parliamentary Hansard.”
;
regard to what does the gentleman desir&to address the House? PR IN TIN G PROCEEDINGS OF T H E U N T I L I N G OF T IIE STATU E OF BARON
Mr. GREGG of Pennsylvania. In regipd to the remarks of
VON S J fU B E N .
the gentleman from Georgia on last Thursday, in the considera­
Mr. FINLEY. Mr. Speaker; I send the following privileged
tion of pensions, wherein he attacked the record of a soldier of
resolution to the Clerk’s desk.
the State of Pennsylvania.
\
The SPEAKER. The Cl«ffk will report the resolution.
The SPEAKER. Is there objection?
The Clerk read as folly&s:
Mr. ItODDENBERY. Mr. Speaker, to whatWntleman from
Georgia does the gentleman from Pennsylvania r§fer?
House concurrent resolution 39 (H. Rept. 448).
Mr. GREGG of Pennsylvania. To Mr. T r i b b l e . V
R e s o l v e d b y t h e H o u s e : 'o f R e p r e s e n t a t i v e s ( th e S e r ia te c o n c u r r in g )
Mr. RODDENBERY. Mr. Speaker, I do not sekMr. T r i b b l e That the concurrent resolution passed August 21, 1911, providing for
proceedings upon the unveiling of the statue of
upon the floor at this time, and unless he is p re se t I shall the printing of the in Washington, December 7, 1910, be amended by
Baron von Steuben
object, and I do object.
\
adding the following^ientence after the last word thereof :
The SPEAKER. The gentleman from Georgia object^.
“ There shall be included in the same volume, as herein provided for
The Clerk read as follows:

Lines 7 and 8, page 1, strike 'put tlie words “ if not incompatible with
the public interests.”

CA N AD IA N PA R L IA M E N T A R Y H AN SAR D .

\

Mr. FINLEY. Mr. Speaker, I send to the Clerk’s d&k for
present consideration the following resolution.
The SPEAKER. The Clerk will report the resolution.
The Clerk read as follow s:
\

the proceedings relating to the unveiling of the statue of Baron von
Steuben in Berlin, September 2, 1911 ; and this document shall be
compiled and pjsmted under the direction of the Joint Committee on
Printing.”

Mr. FINtfEY. This is by way of an amendment to a resolu­
tion whichr passed some time ago.
Mr. SJSAYDEN. Mr. Speaker, will the gentleman permit a
Joint resolution authorizing the Librarian of Congress to furnish a copy
of the daily and hound C
R
to the undersecretary question* in connection with the resolution?
of state for external affairs of Canada in exchange for a copy of the'
M r.,FINLEY. Certainly.
Parliamentary Hansard.
MnTSLAYDEN. What is the practice in paying for the prep­
R e s o l v e d , e t c ., That the Librarian of Congress is hereby authorized
to furnish a copy of the daily and bound C
R
to aration of reports of these unveilings? I submit the question
the undersecretary of state for external affairs of Canada in exchange tdrfhe chairman of tlie committee, because there is now pending
for a copy of the Parliamentary Hansard, and that the Public Printer
is hereby directed to honor the requisition of the Librarian of Con­ I^Siere the Committee on the Library a resolution to pay for the
gress for such copy. The Parliamentary Hansard so received shall be report of the proceedings ordered by the Senate when the rnonuthe property of the Department of State.
J ment 'to Gen. McClellan was unveiled. That has never been paid
Mr. FINLEY. Mr. Speaker, I will ask the Clerk to read thjf1 for, a\d I would like to know what has been the practice in
Senate resolution to which the resolution he has just read is an order that we may have some assistance in considering that
amendment proposed by the Committee on Printing, and ap$o resolution.
the report of the committee. •
g
Mr. FI31LEY. I will state to the gentleman from Texas that,
The SPEAKER. The Chair will state that this is wot a so far as I-Jinow, no arrangement for paying for preparation of
privileged resolution.
g
reports like1 the one under consideration has been made, and
Mr. FINLEY. I understand that, Mr. Speaker. I have not so far as I am concerned none will be. I say to the gentleman
called this up as a privileged resolution, but I did call it up that the reports are furnished to the Joint Committee on Print­
some time ago and there was no objection to it. I asne unani­ ing and the publication is made under their direction.
mous consent to consider tlie resolution at the present time.
Mr. SLAYDEM. Who furnishes the report to the Committee
The SPEAKER. The gentleman from South Carolina asks on Printing?
\
unanimous consent for the present consideration qf the resolu­
Mr. FINLEY. Well, take the resolution under consideration.
tion. Is there objection? [After a pause.] The Chair hears The Member of the-House who has been most active and who
none.
i
had the matter in charge, Dr. B a r t h o l d t , of Missouri-----Mr. FINLEY. I now ask that the Senate resolution be read
Mr. SLAYDEN. Wus it written by him?
(S. Con. Res. 14).
£
Mr. FINLEY. Oh, \io; it is a copy of the proceedings of
The SPEAKER. The Clerk will report tM’ Senate resolution what took place at Berlhi, and is to be a part of the publication
and the report of the committee.
relative to the unveiling^pf the statue in Washington.
The Clerk read as follows:
,/
Mr. SLAYDEN. The gdptleman does not quite catch the pur­
R e s o lv e d b y th e S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u rrin g ),
port of my question. It is this: A special report of the proceed­
That the Secretary of State is hereby authorized to furnish a copy of ings at the unveiling of the McClellan Monument was ordered
the daily and bound C
R
to the undersecretary of
state of external affairs of Canada in exchange for a copy of the Par­ and not paid for, as I understand. Previous reports of a similar
liamentary Hansard, and that the Public; Printer is hereby directed to nature had been ordered and -maid for, but in this case it was
honor the requisition of the Secretary o f State for such copy.
not, and I would like to know if the practice is usually to have
Mr. F
, from the Committee on Printing, makes the following re­
a special report of a historical nature made in connection with
port (IT. Rept. 454, to accompany S. (Jon. Res. 14) :
The Committee on Printing having .had under consideration the Senate the unveiling of these monument^. Have there b£en historical
concurrent resolution 14, authorizing the Secretary of State to furnish sketches of Von Steuben and these other people?
a copy of the daily and bound C
R
to the under­
Mr. FINLEY. My understandings that the report in the case
secretary of state for external affairs of Canada in exchange for a
copy of the Parliamentary Hansard and directing the Public Printer to usually is a verbatim report of th\ proceedings and exercises
honor the requisition of the Secretary of State for such copy, reports and nothing more, and, so far as l\ n o w , there is no arrange­
the same back to the House with the recommendation that the resolu­
tion be agreed to with the following amendments: First, on line 1, ment for payment to get up that report.
strike out all after the words “ R e s o l v e d b y t h e S e n a t e ” and insert the
Mr. MANN. Mr. Speaker, I ask unanimous consent that the
following, “ a n d th e H o u s e o f R e p r e s e n t a t i v e s o f t h e U n i t e d S t a t e s o f
gentleman from Missouri [Mr. B a r t h o l d t ] have leave to ex­
A m e r i c a in C o n g r e s s a s s e m b l e d , That the Librarian of Congress is
hereby authorized to furnish a copy of the daily and bound C
­
tend his remarks in the R e c o r d on this subject.
R
to the undersecretary of state for external affairs of
Mr. FINLEY. I did' not see the gentleYian from Missouri or
Canada in . exchange for a copy of the Parliamentary Hansard, and
\
that the Public Printer is hereby directed to honor the requisition of I would have yielded the floor to him.
the Librarian of Congress for such copy. The Parliamentary Hansard
The SPEAKER. The gentleman from Illmois asks unanimous
so received shall be the property of tlie Department of State.” Second, consent that the gentleman from Missouri [Mr. B artholdt] be
amend the title to read as follows : “ Joint resolution authorizing the
permitted to extend his remarks in the R ecord on this resolu­
Librarian of Congress to furnish a copy of the daily and bound C
­
R
to the undersecretary of state for external affairs tion. Is there objection?
[After a pause.] Ifhe Chair hears
of Canada in exchange for a copy of the Parliamentary Hansard.”
none, and it is so ordered.
v
Mr. FINLEY. Mr. Speaker, the amendment of tlie committee
The question was taken, and the concurrent fepsolution was
requires that the Librarian of Congress furnish this publication. agreed to.
\
o n g r e s s io n a l

e c o r d

o n g r e s s io n a l

o n g r e s s io n a l

e c o r d

e c o r d

in l e y

o n g r e s s io n a l

e c o r d

o n g r e s

s io n a l

e c o r d

o n

g r e s s io n a l

e c o r d




CONGRESSIONAL RECORD— SENATE.

1912.
Citing cases:

A present, office, etc., given, offered, or promised before an election to
a voter, or to anyone on liis behalf, or to any other person supposed
to have influence over him, without any stipulation as to his vote, or
even the endeavor or promise to endeavor to procure any such, will be
taken prinrn facie to be bribery.

*

1

'-j
s
e

*

*

#

*

*

The gis\ of the offense before voting is the inducement to a voter to
vote or reman from voting. If this exists, the ignorance or honesty of
the man wop offers, or of him who takes, is immaterial.

The following is applicable to a primary election:
But where Obey are part of one political contest, and the corruption
at the municipal election is either intended to operate upon the par­
liamentary one,\r that is the necessary result of what was_ done at the
municipal election the parliamentary election will be avoided for the
corruption at the'toiunicipal election.

That is on pagCT2S4.
Loans of money tcAm voter, cr a person likely to influence him, are
placed on the same footing, as regards the lender, as absolute gifts.

*

*

*

*

*

*

The question as to wh<?Uier employment amounts to bribery is one of
fact. In deciding such question regard must be had to the nature of
the employment, the numbfer of persons employed, whether they are
voters or not, and the amount of the payments.
Office cr employment, whether temporary or permanent, if not given
bona fide, is bribery, * *
and whether it be given to a voter or
a third person will he immaterial, if it can be proved that the receiver
influenced the voter and that the giver meant him to do so.

There are a number of case& dealing with the giving of re­
freshments, which are particularly applicable to this election
where one witness testified that hStspent over $150 in one dajym
saloons, another witness testified Mhat he received $305/Knd
spent it in saloons, and another tytness testified th aj/th ey
bought kegs of beer and distributed ftoem through the country,
to be given to the voters, and that tha| was generally/done in
the State of Wisconsin.
Some contention, I understand, has bf?&i madeytfy one Sen­
ator that, even though there were bribery \ t this^rim ary elec­
tion, it would not vitiate the election unless wie entire 9,084
voters had been bribed. That is entirely omatrary to every
assumption, I think, that this body has proceeded .upon in elec­
tion cases, and contrary to the decisions of^the\courts. Under
the English corrupt-practices act Parliament is not the judge of
the violation of that act; and the electingcases are,not tried in
Parliament, but are tried in the courtsaT Consequently there are
a large number of decisions which j&plain and interpret this
statute, which is a part of the jPnvs of Wisconsin)^ Anion:
others is this decision :
A single act of bribery, however jil’ifling the amount, may a\oid an
election.
. |

That is on page 293 o f tJjfC work from which I haveNjust
quoted.
Very briefly, Mr. Presidin'. I want to read, upon the general
principles involved, just (me paragraph from the case o f Scoflell
v. The Milwaukee F re jf Press Co., One hundred and twenty-^
sixth Wisconsin, on ijfrge 85, simply as indicating a judicial
view of the magnitiye of the interests involved in this pro­
ceeding.
Sweeping aside al]#>f the technical refinements urged by appellants,
such as the absent# of any express understanding with legislative
candidates that t h j # would favor the contributor, or of any showing-

That is particularly pertinent in view o f the testimony which
shows that th # Senator from Wisconsin personally paid sums
of money to Jnree men who were candidates for the legislature.
I have nJc taken time to review the authorities, but I will
simply staje that when these cases are brought into court the
courts wijr not accept any such defense, but hold that the pay­
ment o f / l i e money and its acceptance by a candidate will be
hold to /b e done for the purpose of influencing the election,
fllth oi/h he may come in and say it was not for that purpose.
So tbps court says:
Sweeping aside all of the technical refinements urged by appellants,
s u e / as the absence of any express understanding with legislative
cauuidates that they would favor the contributor, or of any showing
W/ether he expected they would use his contribution for legitimate
flhmpaign expenses or otherwise, we can not doubt that the charge of
‘ ising money in largo quantities in the hope and expectation of thereby
promoting his own candidacy for the United States Senate is a most
degrading one to make against any public man. Such an act is an
hssault upon a most esssntial principle of popular government, which,
if to be successful, must assume the free selection of officials on
grounds of fitness. It pretends a superiority before the law of the
corrupt man of wealth over the man of ability and integrity vWo,
either from poverty or principle, is debarred from similar means of
securing support. It evinces a willingness to corrupt the legislature
and dangerous looseness of morals.

The testimony in this case shows that one Perrin, an attorney
at law, received $5,000, and that out of that he retained at
least $500 for his own services.
W. S. Stone received $2,S49.50. According to his testimony,
he retained $000 of it for his own services.
So it was with numbers o f other men to whom this money
was given. They did not expend i t ; they kept it for their own



3895

—
services, and by its means their support ,and their activity in
this election were bought.
/
In conclusion, Mr. President, I want-to say that the founda­
tions of the Government depend upofi the purity o f elections.
Of course, I realize the difference Jft opinion as to how exten­
sive the rights of the people to Aote in the election of their
officers should be, but with all These, whether those who be­
lieve in a strictly representative government by simply a few
o f the people or those who Jfelieve in a liberal exercise of the
powers of government bjdrthe people themselves, under any
form, whether in a den/Cracy or in a republic, the perpetuity
o f its institutions depprfds upon the freedom and the purity of
elections.
An undoubted fa«t in this case is that at the primary election
in Wisconsin th&momination of the Senator who now sits from
that State wasAfirought about by the use of money. The only
parallel that rould be exercised would be the use of force, and
I submit, J fr. President, that the case under consideration is
just as djmgerous to our institutions, just as injurious to the
respect_/nicli it is necessary to preserve among the people for the
lawsj^nicli are made in these bodies by the men who are chosen.
Thes6 men who vote, and cast frequently the determining vote,
making laws affecting the property, the well-being of the entire
ntion, menace our institutions just as much from the use of
money in polluting and corrupting the ballot box as though a
military force should stand at the polls herding the voters and
directing them for whom to cast their votes.
A brief sentence from Mr. Justice Miller, when he was upon
the Supreme Court, is as follow s:
The two great natural and historical enemies of all republics are
open violence and insidious corruption.

And the writer of this pamphlet, entitled “ Political Corrup­
tion and English and American Laws for its Prevention,” ad d s:
And in the order in which the judge names them they menace the
freedom and purity of the ballot, the chief support of republics.

Mr. HEYBURN. Mr. President, I ask for the yeas and nays
on the pending motion.
The yeas and nays were ordered.
Mr. NEWLANDS. Mr. President, I wish to state briefly my
position regarding this vote.
I shall vote to sustain the report of the committee. I have
for many years stood for all the various measures of reform
that relate to elections, legislation, and administration. I have
stood for the initiative, the referendum, and the recall, except
so far as it relates to judicial officers. I have stood for the
direct primary. I have stood for laws correcting the evil prac­
tices regarding elections.
The act complained of here were committed four years ago.
Since that time public sentiment has crystallized regarding
practices which were not condemned by the common law, and
which were not condemned by the statutes of many of our
states, and which were not condemned by any act of Congress.
nee that time we have put upon the statute book laws, both
Sf\te and National, which do condemn the practices that were
not\n violation of law four years ago.
S(\far as I am concerned, whilst I condemn these practices
and \ in k they should be corrected by law, and have stood for
the laws, National and State, which have corrected them, and
am wil\ng to support laws which will further correct them, I
am unwilling to judge the acts of fours years ago either by
the political or the moral standards of to-day or to condemn
them by t i c laws of to-day. To do that would be to make the
laws, bothV ational and State, which have since been enacted,
retroactive ik their operation.
_
_
j shall therefore vote with the committee in its report regard­
ing the seat ofkMr. S t e p h e n s o n .
Mr. KERN. Mr. President, I shall trespass on the time o f the
Senate but a moment. I had intended to speak at some length
upon the questiomMiefore the Senate, but on account of the late­
ness o f the hour l\ h all not do so. ^
I only want to sa\ that I, too, with the Senator from Nevada
[Mr. N e w l a n d s ] , i\ the years o f the past h a v e stood for
primary elections. l\ a v e stood for the purity o f the ballot. I
have stood for popular government. I propose, when I cast
my vote on this question, to vote in accordance with the things
that I have advocated
the stump and in the campaigns of
the past.
The VICE PRESIDENTS* The question is on agreeing to t h e
motion o f the Senator from \daho [Mr. I I e y p . u r n ] , on which t h e
yeas and nays have been ordered.
Mr. JONES. Mr. Presiden\ I do not know whether it is in
order to offer the amendment\mt if it is in order I desire to
move an amendment by inserting, after the word “ declared,”
the ward “ not.”
Mr. HEYBURN. That has beeiiVoted on.

CONGRESSIONAL RECORD— HORSE.

3896

Hie VICE PRESIDENT. The Chair thinks that is the ques­
tion voted on yesterday and that such an amendment would
be simply voting again on the precise question voted on yester­
day. Therefore the Chair thinks the amendment would not
be in order.
The question is on agreeing to the motion of the Senator
from Idaho [Mr. H eybubn] that the report of the committee
be adopted, and that I saac Stephenson be declared entitled to
a seat as Senator from the State of Wisconsin in the United
States Senate. The Secretary will call the roll
_ The Secretary proceeded to call the roll.
- '5 1
'
I'iwllfth liiiS
with the Senator from Minnesota [Mr. Nelson]. He is absen
and I withhold my vote.
Mr. CIIILTON (when his name was called). Upon this Ques­
tion I am paired with the junior Senator from Oklahonw[Mr.
Gore]. I transfer that pair, with his consent, to the^enator
from Kentucky [Mr. Paynter], and vote. I vote “ y
Mr. DILLINGHAM (when his name was calledD^ I have a
general pair with the senior Senator from South Onrolina [Mr.
T illman ], from which, upon this vote, I have bq|m released. I
therefore vote “ yea.”
j
Mr. DIXON (when his name was called). J t am paired with
the junior Senator from Texas [Mr. BAiyfv]. I understand
if he were present, he would vote “ yea.”'jcL transfer that pair
to the junior Senator from Missouri □4‘f’. R eed], and I vote
Mr. STONE. I think it due to statt£ in this connection, that
my colleague [Mr. Reed] if present ^4mld vote “ nay.”
Mr. DIXON. I did not understand the statement of the Sen­
ator from Missouri.
Mr. WARREN. He stated jSiat his colleague if present
would vote “ nay.”
Mr. DIXON. I understood^fhat if the Senator from Missouri
[Mr. Reed] were present,
would vote “ nay,” and that the
Senator from Texas [Mr. Watley], with whom I am paired, if
present, would vote “ yemr I therefore transfer my pair with
the junior Senator from/Pexas to the junior Senator from Mis­
souri, and vote “ nay.” / ' I ask the senior Senator from Missouri
if that is his understanding as to how his colleague would vote
if present.
Mr. STONE. That is correct.
Mr. BURNHAM/(when Mr. Gallinger’s name was called).
The senior Senator from New Hampshire [Mr. Gallinger] is
necessarily absent. He is paired with the senior Senator from
Arkansas [ M i / Clarke]. If the senior Senator from New
Hampshire w # e present and permitted to vote, he would vote
“ yea.”
i
Mr. GAMBLE (when his name was called). I have a general
pair with .the junior Senator from Arkansas [Mr. D avis ]. I
transfer m at pair to the Senator from Colorado [Mr. Guggen­
heim ] ajod vote “ yea.”
Mr. SIMMONS (when his name was called). I am paired for
this vote with the senior Senator from Illinois [Mr. Cullom].
If hqtwere present he would vote “ yea,” and if I were at liberty
to vpte I would vote “ nay.”
'pne roll call was concluded.
Ir. LEA. The senior Senator from Tennessee [Mr. T aylor]
seriously ill. I do not know how he would vote. He is so
that I have been unable to communicate with him.
Mr. BRADLEY. I have a general pair with the senior Sen­
ator from Tennessee [Mr. T aylor], from which I have been
released. I vote “ yea.”
Mr. MYERS. Some one announced a transfer to the Senator
from Kentucky without mentioning the name. I should like to
ask what Senator from Kentucky it is?
Mr. CHILTON. The senior Senator from Kentucky [Mr.
Paynter] .

Borah
Bourne
Bristow
Brown
Bryan
''Chamberlain
Clapp
Crawiped
Culberson

YEAS— 40.
Dillingham
McCumber
du Pont
McLean
Fletcher
Newlands
Foster
Nixon
Gamble
Oliver
• Heyburn
Overman
Page
Joimston, Ala.
Penrose
Eippitt
Perkins
Lodge
Pomerone
Lorimer
NAYS— 34.
La Follette
Cummins
Lea
Dixon
Martine, N. J.
Gardner
Myers
Gronna
Hitchcock
j O’Gorman
Johnson, Me.
W Owen
•Tones
Percy
Kenyon
Poindexter
Kern
Shively




Rayner
Richardson
Root
Smith, Md.
Smoot
Sutherland
Thornton
Warren
Watson
Wetmore
Smith, Ga.
Smith, Mich.
Smith, S. C.
Slone
Townsend
Williams
Works

NOT VOTTNG— 17.
Gallinger
Paynter
Gore
Reed
Guggenlieim
Simmons
Martin, Va.
Stephenson
Nelson
Swanson

Taylor
Tillman

So Mr. IIeyburn's motion “ that the report of the committee
adopted and that I saac Stephenson be declared entitled to
seat as Senator from the State o f Wisconsin in the United
[tafes Senate” was agreed to.
the announcement of the result, there ^ir'lipplause in
the gaT?'mes.
The V KHLPR ESI DENT. A pplause iff'4 he galleries is not
permitted. Tif^^hair trusts that i^rTtors in the galleries will
eventually undersffthd^jhat th ^ m r e there as guests of the
Senate and subject to n d ^ e s of the Senate, and that the
rules of the Senate prqhjJWc^!»itors in the galleries from ex­
pressing their approval or disappP¥»$^of what takes place
upon the floor of UieSenate.
Mr. HEYBUBjtfT I move that the Senate adTfosjuti.
The motiop^was agreed to ; and (at 6 o’clock anrn*9Skminutes
p. m,, Wedffesday, March 27, 1912) the Senate adjourned'until
to-mori^w, Thursday, March 28, 1912, at 2 o’clock p. m.
H OUSE

O F R E P R E S E N T A T IV E S . *

W ednesday , March '7, 1912.
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Coudei l D. D., offered the fol­
,
lowing prayer:
O Thou, who art supremely great an [ good, our God and our
Father, source of all our longings, hope , and aspirations, kindle
within our hearts a sacred flame whiclj shall burn brighter and
brighter as the years come and go unt 1 we shall have reached
the light of the perfect day in Christ Jisus our Lord. Amen.
The Journal of the proceedings of |yesterday was read and
approved.
THE WOOL SCHE1*JLE.

Mr. UNDERiyOOD. Mr. Speaker,fl desire to make a privi­
leged report (Nov 455) from the Conniittee on Ways and Means,
reporting back tn^c bill II. R. 22195^ a bill to revise the wool
schedule.
4
,
Mr. MANN. Mi. Speaker, at this JLim it would be subject to
e
a point of order, b&t I shall not makf any point of order against
the report under tie circumstances/
The SPEAKER. YThe Chair is gfid that the gentleman from
Illinois made that remark, becausejit is the desire and thp in­
tention of the Chair \> carry out tt
day in perfect good faith.
Mr. UNDERWOOD! I recogni^b, Mr. Speaker, the fact that
a privileged report w<%dd be suliject to a point of order this
morning if anybody deared to nJke it, but I think to expedite
business it is proper toVllow privileged reports to be made on
Calendar Wednesday, aqg. later jpn in the session there will be
conference reports o Here(I f or th purpose of being printed under
the rule, and it seems toyme tl at it would be proper to allow
them to come in, as long tfc tin e is no objection.
Mr. MANN. I think it\js H-fectly proper that this report
should be made now.
The SPEAKER. All of ^hjfse rules are made, of course, to
expedite business.
Mr. PAYNE. Mr. SpeakeiVl present the minority views upon
the bill revising the wool scladule, and ask that they be printed
along with the majority repftft (IP. R ept 455, pt. 2).
The SPEAKER. The C%1^ will read the title to the bill.
The Clerk read as follows

f

A bill (H. R. 22195) to revise flic duties on wool and manufactures
of wool.

Mr. MYEJJS. Thank you.
The"result was announced—yeas 40, nays 34, as follow s:
Bankhead
Bradley
Brandcgee
Briggs
Bjirnham
Burton
Chilton
Clark, Wyo.
Crane
Curtis

con
Iliiiey
(Marke, Ark.
lllom
Ilivis

M ar c h 27.

A

The SPEAKER. Is thlre objection to the request of the
gentleman from New Yorljf? [After a pause.] The Chair hears
none. The bill, together!with the report and minority views,
will be referred to the <fommittq| of the Whole House on the
state of the Union and pointed.
Air. UNDERWOOD. Mr. Spealkr, I understand that copies
of the bill H. R. 22195, just reported, are exhausted in the docu|ment room, and that th^re are no cVpies for Members. I desire
to ask unanimous consent that thereynay be a reprint.
I Mr. MANN. That i$ not necessarw The document room has
liuthority to order any number of co^es that it wants, 1,000 at
it time.
| Mr. UNDERWOOD. I wanted to be\sure that there would be
^enough copies for Members.
Mr. MANN. They will print them d^thout an order of the
House.
Mr. UNDERWOOD. Mr. Speaker, I withdraw the request.

CONGRESSIONAL RECORD— SENATE

1912

N (when his name was called).

I have a

thfe Senator From Minnesota* [Mr. N elson].

dews are upon tlie gfenerajr features o f this bill,

Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom

NOT VOTING— 25.
Lippitt
Davis
Martin, Va.
Dixon
Nelson
Gallinger
Paynter
Gamble
Iteed
Gore
Smith, Md.
Guggenheim
Stone
Heyburn

4003
Taylor
Tillman
Warren
Watson

So Mr. H eybtjrn’ s amendment was rejected.
Mr. HEYBURN. I ask that the next amendment which I
junior Seriator from Maryland [M
with
Sneral
\ sent up may be stated.
S it h ]. In his absentee
m
The VICE PRESIDENT. The Secretary will report the next
me was called). I
Mr. CLARK o f / v
by
from Idaho.
from Missouri [Mr. ariiendment offered On the Senatorthe amendment of the com­
have a general o h /' wi
Tlie^ S ecretary.
page 3, in
Senate and from the
S t o n e ], That is /ia t
mittee,Vm lines 16 and 17, it is proposed to strike out the fobs bill, so that I am lowing w ords:
city, but has rdUpsed
at liberty to tVre. I vote “ yea.”
And w % has reached the age of 62 years or over.
Mr. mTT.Tvc.HAAT
I have a
Mr. HEPBURN.
withdrew that
tl did
i.i in i iL^iiiii u WB'TTTT^iiiiii T Senator from South Carolina [Mr. tend that to be read. I They would all amendment,years o f not in
be over 62
age.
TiLLMjm], from which I am released on this vote. I vote
The VICE PRESIDENT. The Senator frony Idahj? with­
“ Bay
draws the aSnendiuent just stated.
Mrf BURNHAM (when Mr. G a l l in g e r ’ s name was called)
Mr. HEYBURN. Yes; upon figuring it up I found/flint they
Tiny senior Senator from New Hampshire [Mr. G a l l in g e r ] is would all be otcr 62 years o f age. So that amqfadmo^t was not
neqessarily absent. He is paired with the senior Senator from necessary.
Kansas [Mr. C l a r k e ].
* — »—
—
The VICE PRESIDENT. The Secretary will rg^ort the next
[r. GAMB ) ,]f
1 .......■■nunm
i.t'.'.rroiiA.TT j have a gene
jiendment.
VV
pair wirii"the .junior Senator from Arkansas [Mr. D a v i s ], and
die S ecretary. \rn line 20, on page 3, befqfre^Flie word “ pen---•’ ’
■
The VICE PRESIDENT. The Senator from Idaho offers an r sioi\” it is proposedVb insert the word “ serv/c|
m \ HEYBURN. \_\at is only a part ofjp.he other amend­
amendment, which will be stated.
0
ment^
Mr. HEYBURN. I w ill ask that the amendments be stated
TlieVlECRETABY. AiifLiifter the word “ pj^sion ” it is proposed
separately in the order in which I send them up.
The S ec r et ar y . On page 3, in the amendment reported by j- to inselt the fo]lowing\yords :
Of .$liner day, as hereinafter provided.
the committee, in section 3, after the word “ who,” in line 33, j
So that, if amended, it\yill rea d :
it is proposed to insert the words “ enlisted and,” so as to read: .
Be plaqpd upon the pension** roll and hjf entitled to receive a service
That any person who enlisted and served.
pension o l $1 per day, as heriiinafter flrovic^d.
And, in the same line, after the word “ served,” it is proposed »
Mr. HEYBURN. Mr.
siden# the/ purpose of the amendto strike out “ 90 days or more,” so as to read:
[
» be taken in confcectmm w h the amendment just
That anv person who enlisted and served in the military or naval [ ment is
service of the United States during the late Civil War, who has been r voted up i, which limited th^yPlass o service. This provides
honorably discharged therefrom—
L that they hall receive $1 a dtjjp^ If it
adopted, it will provide
And so forth.
that any erson who has series SO da
or more in the military
Mr. HEYBURN. Mr. President, I desire that that amend- 1 service, a d so forth, shalhu,ec%iVie a ervice pension of $1 per
merit shall be separately considered, and for the benefit o f those ‘ day, as
“ hereinafter provided ”
ereinafter prowued.
who were not in the Chamber at the time o f my remarks, I L merely r ers to the maimer of
’
yment.
will say that it is designed to let in all soldiers who enlisted 3
The V 5E PRESIDHKT. The\qili tion is on agreeing to the
and served in the war, without regard for their length o f serv­
m Idaho [Mr. H eyburn ].
amendm it offered bjrth e Senato
ice, on the grounds which I stated at the time of suggesting the 1
The a endment w ts rejected.
amendment. They all offered the same thing and gave the same
CE PRESIDENT. The
|tary will state the next
The
thing, and the three months’ men met the first challenge o f war. 3 amendn
t.
Mr.
doing that after the
The VICE PRESIDENT. The question is on agreeing to the _
There is no
n rejected.
amendment offered by the Senator from Idaho. [Putting the 1 others
RESIDENT The Senator 'from Idaho does not
The
question.] By the sound the “ noes ” seem to have it.
!*
r amendment?
Mr. HEYBURN. Mr. President, I ask for the yeas and nays. L offer
>
URN. Not now.
Mr
The yeas and nays were ordered.
OWN. Mr. President,
send to tmkdesk an ainendM
Mr. JONES. Mr. President, I ask that the amendment be )r
ich I ask to have read.
head again.
•
}° men
E P R E S I D E N T . T h e RpnaJ
^iiiagka offer
ie VI
The VICE PRESIDENT. Without objection, the Secretary
. ...............I) H ^ffru 1
1
will again state the amendment.
Mr. BROWN. It is to be inserted at line 23 on iiage 4.
The Secretary again read the amendment.
The Secretary. On page 4, line. 23, after the words “ $30
The VICE PRESIDENT. The Secretary will call the roll.
per month,” it is proposed to inser! the follow ing:
The Secretary proceeded to call the roll.
W arren j .

That any person who served in the military or naval service of the
United States during the Civil War and received an honorable discharge
and who was wounded in battle or in line of duty and is now unfit for

I llieiexuxc »vxtxxjxvfn-i iny w w

The roll call was concluded.
Mr. JOHNSTON of Alabama. The Senator from Texas [ j
ItTrrrr ] is paired with the Senator from Montana [Mr. Dixoisf
I f present the Senator from Texas would vote “ nay.”
Mr. BRADLEY. I am paired with the senior Senator from
essee [Mr. T a y l o r ], and therefore withhold my vote.
The result was announced—yeas 22, nays 44, as follow s:
Borah
Bourne
Brown
Chilton
Clapp
Clark, Wyo.
Brandegee
Briggs
Bristow
Bryan
Burton
Chamberlain
Crane
Crawford
Culberson
Dillingham
Fletcher

YEAS— 22.
Ivern
La Follette
Lo rimer
Martine, N. J.
N ixon
Poindexter
NAYS— 44.
O'Gorman
Foster
. Oliver
Gardner
/ Overman
Hitchcock
f Owen
Johnson, Me.
1’age
Johnston, Ala.
Penrose
I.ea
I’erc.v
Lodge
Perkins
McCumber
Pomerene
McLean
Rayner
Myers
Richardson
Newlands
Cummins
Curtis
du Pont
Gronna
Jones
Kenyon




Shively
Smith, Mich.
Townsend
Works

Root
Simmons
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Williams

th of service or age.

Mj l BROWX. Mr! President, this amendment is seetjafi 2 of
the mRlNtdrich passed the House, and the purpose of
is not
to penalize^ifise soldiers whose terms of service w as^ut short
by reason o f wounds received in the service or drf&eases con­
tracted on accounuNfthat service. I do not cartmo discuss it.
[ should like to have fN^rie upon it, by yeas anjfnays.
The yeas and nays werN^dered, and the S ^ e t a r y proceeded
o call the roll.
Mr. BACON (when his n a m e > ^ ca lle d ^ I again make the
ame announcement I made upon
fanner vote. I do not
enow how the Senator from Minnesl
[Mr. Nelson] would
ote upon this amendment, and tlier
rd ^ jm n ou n ce the pair
nd withhold my vote.
Mr. JOHNSTON of Alabama (wffen the nanieVf Mr. B a n k head was called). My colleague impaired with the Sl^ator from
Idaho [Mr. II eyburn ]. I f my yjplleague were p resen t!*^ would
vote “ nay.”
Mr. BRADLEY (when
name was called). I make ^ e
same announcement t h a t /m a d e on, the preceding vote.

CONGRESSIONAL RECORD— SENATE.

4004

Mr. BURNHAM ( when his name was called). I make tlie
same announcement. I have a general pair with the senior
Senator from Maryland [Mr. S m i t h ] , In his absence I with­
hold my vote.
Mr. DILLINGHAM (when his name was called). Because
of my general pair wi>h the senior Senator from .South Carolina
[Mr. T i l l m a n ] , from v^hich I have not b e e n .released, I with­
hold my vote.
\
/
Mr. BURNHAM (wlien^Ir. G a l l i n g e r ’ s / n a m e w a s c a l l e d ) .
I again announce my colleague’s g e n e r a l p a i r w i t h t l i e s e n i o r
Senator from Arkansas [ M iy V ^ l a r k e ] . /
Mr. GAMBLE (when his mVne was called). I again make
the same announcement, that IYhave a general pair with the
junior Senator from Arkansas | \ f i y D a v i s ] . For that reason
I withhold my vote.
-Mr. HEYBURN (when his namcVwas called). I desire to
state that I am paired with the sem V Senator from Alabama
[Mr. B a n k h e a d ],
Mr. LEA (when his name"was called). I make the- same
announcement I made on the previous \ote in regard to the
transfer of my pair to the junior SenatoX from Rhode Island
[Mr. L l t p i t t ] , and therefore I vote “ yea.”
M r . SWANSON ( w h e n t h e name of Mr. M a r t i n of Virginia
was called). As previously stated, my colleague [ M r . M a r t i n ]
i s paired with the senior Senator from Illinois [Mr. C u l l o m ] .
If my colleague were present he would vote “ nay.”
Mr. SMITH o f Michigan (when his name was called). I
make the sammannouncement as on the previous vote. I vote
Mr. WATSON (when his name was called). I desire to
make the sfu’iie announcement as on the previous vote.
The roll call was concluded.
Mr. JOHNSTON of Alabama. The jjjikigr Senator from
Texas [Mr, -B a l l e y ], if present and not paired. would vote
is paired with the .senrOT'Senator from Montana
D ix o n ] .

^ v

The result was announced—yeas 34, nays 29, as follow '
Borah
Bourne
Bristow
Brown
Chamberlain
Chilton
Clapp
Crawford
Cummins

Bacon
Bailey
Bankhead
Bradley
Burnham
Clark, Wyo.
.Clarke, Ark.

/ *

YEAS— 34. .
La Follette
Lea
Lorimer
McLean
Martine, N. J.
Myers
O’Gorman
Oliver
Page
NAYS— 29.
Johnston, Ala.
Pomerene
Rayner
Lodge
Root
McCumber *
Simmons
Nixon
Smith, Ga.
Overman
Smith, S. C.
Owen
Smoot
Penrose
Percy
Stephenson
NOT VOTING— 28.
Cullom
Guggenheim
Davis
Heyburn
Dillingham
Lippitt
Dixon
Martin, Va.
Gallinger
Nelson
Gamble
Newlands
Curtis
du Pont
Gardner
Gronna
Hitchcock
Johnson, Me.
Jones
Kenyon
Kern

Gofifir---'a amendment was agrecd^tut
GffjRTIS. I offer the amendment I send to
as a
Tbstlftitefor section 1 of the Senate committee subs
The VH’E^^RESIDENIV The amendmei^L-jw^uosed bX the
Senator from
\
The Secretary. In lieu of section 1 as proposed by the c o \
mittee -insert:

Section 1. That any person who served in the military or naval
service of the United States during the late Civil War or the War with
Mexico, and who has been honorably discharged therefrom, and all
members of State organizations that are now pensionable under existing
law, shall, upon making proof of such facts according to such rules and
regulations as the Secretary of the Interior may provide, be placed on,
the pension roll and be entitled to receive a pension as follows : For
service of 90 days or more in the Civil War, or 60 days or more in the
War with Mexico, and less than 6 months, .815 per month ; for a servicj
of 6 months or more and less than 9 months, $20 per month ; for
service of 9 months or more and less than 1 year, $25 per month ; f^
a service of 1 year or more, $30 per month : P r o d d e d , That any sm
person who served in the War with Mexico shall be paid the maxir
pension under this act, to wit, $30 per month.

Mr. CURTIS. Mr. President, I think in justice to tlu^entjte
should state that this is section 1 of the Sherwoo^L-bTi], Iloifse
bilUfrq^L that passed the House.
Air
yiA n May I ask the Seyi^<*a question? Wii
the adoption or tllPNlimyiHluiuil Of lLie Senator from Nebraska
[Mr. B r o w n ] and the adoption of t h i s amendment of the Sen-^
ator from Kansas it would practically be the Sherwood bill.
Mr. CURTIS. It would.




M a r c s 29

The VICE PRESIDENT. The question is on agrt^ing to the
amendment offered by the Senator from Kansas.
Mr. CURTIS. On that I demand the yeas and m
The yeas and nays were ordered, and the Secretary proceeded
o’xall the roll.
„ MK BACON (when his name was called). Again repeating
the statement I made as to the attitude of the/Senator from
Minnesota [Mr. N e l s o n ] , I simply announce the pair and with­
hold my\ote.
Mr. JOHNSTON of Alabama (when Mr. B a s y ’ s name was
called). Top Senator from Texas [Mr. B a i l e d is paired with
the Senator Srom Montana [Mr. D i x o n ] . If
> Senator from
Texas were present, he would vote “ nay.”
Mr. BURNHAM (when his name was called). I am paired
on this vote witlkthe Senator from M aryland/Mr. Smith ].
Mr. LORIMER Y when Mr. Cullom ’s name was called). My
colleague [Mr. Ccjnlom] is necessarily absent from the Cham­
ber. He is paired with the senior Sena tor/from Virginia [Mr.
M a r t in ],
If my colleague were present, lm would vote “ yea.”'
Mr. DIPPINGHA m\ (when his name vms called). On this
question I am releaseoVfrom my pair with the senior Senator
from South Carolina [Nty. T i l l m a n ] , anf I will vote. I vote
“ nay.”
Mr. CLAPP (when Mr. \ J i x o n ’ s name/was called). The se­
nior Senator from Montan\ [Mr. Dixoh] is paired with tlie
junior Senator from Texas [Mr. B a i l e y | .
Mr. BURNHAM (when M iA G a l l i n g e r ’ s name was called).
The senior Senator from New ^Hampshire [Mr. G a l l i n g e r ] js
necessarily absent. He is pairect as V have heretofore stated,
with the senior Senator from ArkiHisa* [Mr. C l a r k e ] .
Mr. GAMBLE (when his nameVvis called). I repeat my
statement that I have a general pnW with the junior Senator
from Arkansas [Mr. D a v i s ] . For t»at reason I withhold m y
vote. If I were permitted to vote, I AiVuld vote “ yen.”
Mr. HEYBURN (when His name AvaV called). I am paired
with the senior Senator from Ala bap a Mir. B a n k h e a d ] , His
colleague has stated that if the seiior SViator from Alabama
were present he would vote “ nay.’* So t^e pair will have to
stand.
Mr. SWANSON (when the namt of Mr. M a r t i n of Virginia
was called). As previously stated* my colleague [Mr. M a r t i n ]
i\paired with the senior Senator, from Illinofc [Mr. C u l l o m ] .
Ifvn y colleague were present anjl free to v o t^ lie would vote
r n\.
WATSON (when his namefwas called). I desire to make
the Aime announcement as on /the previous votiA- tliat I am
paire^ with the junior Senator/from Wyoming [M\. W a r r e n ] ,
Thq roll call was concluded.
BACON. In view of the/statement made that t\e amendjjust voted upon is the aune as the section in f\je Sherbill. I think I should p ik e an additional statement in
regai/l to the attitude of tlje Senator from Minnesota [Mr.
N e l s o n ].
The vote has takefi a different direction from what
he .-ynticipated when he left, sfnd therefore I can only state what
his/instructions to me were, i
he Senator from Minnesota instructed me that he would vote
r the McCumber amendment as against the Sherwood bill
nd tla t if the McCumber Amendment were defeated, he would
then vote for the Sherwood bill. I think, in view of that state­
ment, probably the Senator from Minnesota,' if present, would
vote against this amendment, although I am not authorized
definitely so to state. I wish to add that if he were here and
if I were free to vote I myself would vote against it.
Mr. BRADLEY. I ddteire to again state my pair with the
senior Senator from Tennessee [Mr. T a y l o r ] , who is u\pvoidably absent by reason Qf severe illness.
Mr. CURTIS. The Senator from Colorado [Mr. GuggSni i e i m ] is paired with the Senator from Kentucky [Mr. P a y n t e r
The result was anncpiced—yeas 25, nays 41, as follows:
BYRAg—25._________
flourne
(Bristow
FBrown
Chamberlain
Chilton
Clapp
Crawford
Borah
Brandegee
Briggs
Bryan
Burton
Clark, Wyo.
Crane
Culberson
^Dillingham
Su Pont
Fmtcher

Kejiyon
Kero
La Follette
Lorimer
Martine, N. J.
O'Gorman
Poindexter
NAYS— 41.
Foster
Owen
Johnston, Ala.
Page
Lea
Penrose
Lodge
Percy
McCumber
Perkins
McLean
Pomerene
Myers
Rayner
Newlands
Richardson
Nixon
Root
Oliver
Simmons
Overman
Smith. Ga.
Cummins
Curtis
Gardner
Gronna
Ilitehcock
Johnson, Me.
Jones

Shively
Smith, Mich.
Townsend
Works

Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Williams

CONGRESSIONAL RECORD— SENATE.

1912.
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom

NOT VOTING— 25.
Davis
Dixon
Gallinger
Gamble
Gore
Guggenheim Heyburn

Taylor
Tillman
Warren
Watson

.So Mr. C uktis 'a a
ent to the a mend m
j; o.)
Mr. J p ^ -^ p M o T fe r tbe following, to be known as"
Tlj^w^i^EPRESIDfiNT. In place of tbe present section
r. /ONES. A s a new section, tbe sections to be renumbered.
Tbe VICE PRESIDENT. Tbe amendment will be read.
Tbe S e c r e t a r y . Insert a new section, as follow s:
Sec. 2. That every widow who is now receiving or may hereafter be
entitled to receive a pension of less than $24 per month by reason of
the Civil War, shall, upon due proof that she w as the wife of a soldier
r
at any time during the war, be entitled to a pension of $24 per month,
the same to begin from the date of filing her application under the pro­
visions of this act.

Mr. JONES. Mr. President, we have beard a greatrd¥ifn of
Lise for tbe men who offered tbeir 1iveil.Ta»< cPfelise of their
ccu rlliii^jm n i^bidtl^ M igliJ^ pjB B rtS i^ ^ n eartily join. This
finiendnient r ^ ^ f^ z e s 'fbe greater courage and the more intense
suffering and the noble sacrifices o f tbe women while tbeir busbands were at the front in defense o f tbeir country.
Mr. WILLIAMS. Mr. President-----/
Tbe VICE PRESIDENT. Does tbe Senator from Washington
yield to tbe Senator from Mississippi?
/
Mr. JONES. Certainly.
/
Mr. WILLIAMS. In tbe sentiment whiclVhas just been ut­
tered by the Senator from Washington I anyheartily in accord.
In carrying out that sentiment would tbe Senator be willing to
so modify bis amendment as to say that the widow must have
been, during tbe war, durisg the soldier’s Service, his wife?
Mr. JONES. I intend toCsay that in tlie amendment. If it
does not express that it canYie worked o ft in conference. That
is tlie intention of the amendment.
Mr. WILLIAMS. I did no\ want to have any newly caught
widows included.
L
i
Mr. I)U PONT. I ask that tlie amendment be again read.
Tbe VICE PRESIDENT. Th\ Secretary will again read the
amendment
The Secretary again read the a fhdment.
Mr. McCUMBER. Mr. Presid it, I am inclined to think
that tbe truest friend o f the vete, pi o f tbe Civil War and tbe
pm would pause long before
truest friend of the widow of a v
lie would attach to this bill pitfvis pns that might jeopardize
it. I believe that we can pass tfiis 111! in the shape practically
it came from the committee wiiu them mendment that lias been
niade. I do not believe that i t is afcafe proposition to begin
to attach other matters thatihiay run into the millions, as to
the exact amount of which vJe have nolinformation. Tlie Sena­
tor from Washington can ij) t give ustany estimate as to the
cost of tbe amendment or a* to what i\means. We have been
dealing pretty fairly well /with the wi&uvs. We raised their
pensions from $8 to $12 aj very short time ago. I have myself
since introduced bills fc tbe purpose! o f including all tbe
widows of the Civil War] We raised till amount some twelve
million dollars in 1908 a^ 'a separate prop sition.
r tbe widows of tbe
do somethin]
I believe if we want
Civil War it is better t4 take it up as a ugle proposition and
pass it upon its merits* rather than jeopa ize this bill in any
way, shape, or m anne/ by attaching to it omething of which
we can make no estimate at the present line. I f there are
votes enough here to/carry it through as n amendment then
there ought to be votes enough to carry it lirough as a separate proposition whjn we are informed o all the conditions
and know just exactly what it means. W e e i then pass it if it
appeals to us, and ff it appeals to the Horn they can pass it
also, as a propositi/n simple and clear o f it ■If. I f we believe
no question but
that the Widows avo entitled to more there
that the Senate wjtl always give it con si deration, as it always
has given consideration to any pension b ill; aim there will be no
danger, in taking |t as a separate proposition! that it will not
receive fair and limest treatment in the Senat
Mr. President, for that reason, and sincerelyMesiring to pass
a law here that yfill give the soldiers relief, that will become a
law and be placed upon the statute books, I, hope that no
amendment will be attached to it when we car| not say what
the amendment means.
.
Mr. JONES. Mr. President, just a word further. This
amendment is not offered for the purpose of endangering the
passage of this measure as finally amended, but it is offered as
a simple proposition of justice and recognition. It Seems to me
that the widows of tbe men who were at the front, and who
were bearing the burdens at home, should be given this legisla­



4005

tion ; and the votes that can adopt this amendment can also
pass the bill.
The VICE PRESIDENT. The question is on agreeing to the
amendment offered by the Senator from Washington. [Putting
the question.] The noes appear to have it.
Mr. JONES. I ask for the yeas and nays.
Tbe yeas and nays were ordered.
Mr. IIEVBURN. Mr. President, I merely want to say, in
explanation o f my position, that I would favor an independent
fill to accomplish this purpose, for the reasons stated by tbe
Senator from North Dakota in charge of tlie bill, but I would
not ffefi like voting for it if it would Jeopardize in any way the
passage of the present bill.
The VICE PRESIDENT. Tbe Secretary will call tbe roll on
the ayjfcndment offered by tbe Senator from Washington [Mr.

JON]

ie Secretary proceeded to call; be roll.
Mr. BACON (whenIbis name as called). Again repeating
the statement which Is have m e in regard to tbe Senator
from Minnesota [Mr. N e l s o n ] ind announcing my pair with
him, I withhold my v o t e / '
Mr. JOHNSTON of A 1i f c a m a j * / when Mr. B a i l e y ’ s n a m e was
called). The junior Senator /from Texas [Mr. B ailey ] is
paired with tbe Senator ikon/ Montana [Mr. D i x o n ] . I am
satisfied that if the Senator’ fin Texas were present he would
vote “ nay.’
Mr. BRADLEY (when bis [ime was called). I again repeat
what I stated on tbe last vot^
garding my pair with tbe Senator from Tennessee [Mr. T aI
].
Mr. BURNHAM (when hj h&me was called). I again an­
nounce my p a i r with the Se/latonfrom Maryland [Mr. S m i t h ] ,
as before.
Mr. DILLINGHAM (w hin his name was called). Because
of my general pair with tile senior Senator from South Caro­
lina [Mr. T i l l m a n ] , I withhold my vdte.
Mr. BURNHAM (whenjplr. Ga l l i n dim’s name was called).
The senior Senator from fle w Hampshire [Mr. G a l l i n g e r ] is
paired with the senior Senator from Arkansas [Mr. C l a r k e ] .
Mr. GAMBLE (when his name was called). I again an­
nounce. my pair with thqr'Senator from Arkansas [Mr. D a v i s ] .
I withhold my vote.
Mr. HEYBURN (whejj his name was called^. I am paired
with tbe senior Senate! from Alabama [Mr. H i n k h e a d ] , but
I understand that on thj vote he would vote “ n o w ’ thus relievvote “ nay.”
\
ing me from the pair.
Mr. SWANSON (w hin tbe name o f Mr. M a r t i n Of Virginia
was called). My colleague [Mr. M a r t i n ] , as previously stated,
is paired with the senior Senator from Illinois [Mr. C u l l o m ] ,
If my colleague were present be would vote “ nay.”
Mr. WATSON (when his name was called). I desire to
make tlie same announcement as on the previous vote.
/ b e roll call having been concluded; tbe result was an­
nounced—yeas 25, nays 41, as follow s:
YEAS— 25.
Brown
Chamberlain
Chilton
Clapp
Curtis
Gardner
Gronna

Hitchcock
Johnson, Me.
Jones
Kenyon
Kern
La Follette
Lorimer

Borah
Bourne
Brandegee
Briggs
Bristow
Bryan
Burton
Clark, Wyo.
Crane
Crawford
Culberson

Cummins
Nixon
du Pont
Oliver.
Fletcher
Overman
Foster
• Owen
Heyburn
Page
Johnston, Ala.
Penrose
Lea
Percy
Lodge
Rayner
McCumber
Richardson
McLean
Root
Newlands
Simmons
NOT VOTING— 25.
Davis
Lippitt
Dillingham
Martin, Va.
Dixon
Nelson
Gallinger
Paynter
Gamble
Reed
Gore
Smith, Md.
Guggenheim
Stone

Bacon "
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom,

Martine, N. J.
Myers
O’Gorman
Perkins
Poindexter
Pomerene
Shively
NAYS— 41.

Smith, Mich.
Townsend
Williams
Works

Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore

Taylor
Tillman
Warren
Watson

So Mr. Jones’s amendment was rejected.
Mr. SMITH of Michigan. I offer jwi amendment, which I
send to the desk.
The VICE PRESIDENT
ndment will be stated,
Tbe Secretary. On page'*
line 3, insert tbe following t
Any person who was held as a
for a period of 90 days shall be
per month.

er of war during the Civil War
to a pension at the rate of $30

CONGRESSIONAL RECORD— SENATE.

4006

Makch 29,

Mr. McCUMBER. Just a moment. A great many of them,
of course, are receiving more than $30 now; a large number of
them are receiving less than that sum. I would have to take
endment was rejected.
Mr. BURNHAM. I offer an amendment, which I seftd. to the the number and make the computation, but there are perhaps
twenty-five or thirty thousand, any way, who are receiving
desk.
their pensions under the general law for disabilities, and
The VICE PRESIDENT. The amendment will he state*
haps a greater number than that. Perhaps a third of th o^—.
The Secretary. After the words “ as follows,” on page
line 20, strike out all down to and including line 23, page 4' I am merely giving a rough guess—may now be receiving $30
er month. That would leave the other two-thirds o f ; that,
and insert in lieu thereof the following:
mber receiving about the same amount, $30. The ..Senator
, “ In case such person has reached the age of f>2 years and served 90
Everyone knows that there is no
days, $12 per month; 6 months, $13.50 per month; 1 year, $15 per wilU see why this is so.
jpopth I 1A years, $16.50 per month ; 2 years, $18 per month; 2j years, soldier now who is able to perform manual labor.
All of them
$19.50 per month; 3 years or over, $21 per month. In case such
J
person has reached the' age of 66 years and served 90 days, $14 per are-\ow of advanced age.
Mi\ CULBERSON. How near, if the Senator please, will
month ; 6 months, $15.50 per month ; 1 year. $17 per month ; 1J years,
$18.50 per month ; 2 years, $20 per month ; 2J years, $21.50 per month ; this amendment approximate to the Sherwood lull?
3 years or over, $23 per month. In case such person has reachcd^the
Mr. McCUMBER. The amendment is one q^the sections of
the SI erwood bill, and it would add several/niilions, but just
how n uch I can not now tell.
f
4*
Mr. SMOOT. Mr. President-----served 90 days, $20 per month ; 6 months, $21.50 per month ; 1 year,
$23 per month ; 1$ years, $24.50 per month ; 2 years, $26 per month ;
Tha VICE PRESIDENT. Does t h e / Senator from New
2S years, $28 per month ; 3 years or over, $30 per month.
Hani/shire yield to the Senator from UJftli?
The VICE PRESIDENT. The question is on agreeing to the
M f BURNHAM. Certainly.
/
amendment offered by the Senator from New Hampshire [Mr.,,j-«T[r. SMOOT. Mr. President, in atfswer to the Senator from
Texas [Mr. CulbersonI I call his ajfention to a report made by
the Secretary of the Interior on^ecem ber 16, 1911, found on
statement by way~oT'comparison between the proposed amend­ page 15 of the Senate Pension Committee's Document on Mili­
ment and the substitute reported by the committee, sometimes tary and Naval Pensions of tha^Jnited States, in which he dis­
known as the McCumber amendment. I want to state this in cusses House bill No. 1, section 2, and states as follows:
figuresWd to ask the attention of the Senate for a few moments
It is a very difficult matter v> give an accurate estimate as to the
increased cost which would resafllt from the second section of this bin
oniy.
the
to be entitled
I have tafoin five years by the estimate of the Pension Bureau in view of mustfact that eaotf person in battle or in to the $30 rate'
thereunder
have been^wounded
line of duty or
and have trieil to ascertain, and have, in fact, ascertained, the must have been disabled fn«n some disease or other cause incurred in
average annuaNlncreases for the next five years on the two the line of duty and be unfit for or unable to perform manual labor it
is not
the
propositions—tlieN^cCumber substitute and the proposition I section believed, howevew-that The number of beneficiaries under this
would exceed 15T000.
increase in the disbursements due
have just offered. T. find that for each year for the next five to this section woulcDprobably, therefore, not exceed $2,500,000 per
Jr
years under the substitute offered by the committee, it will annum.
be $20,410,S00; under this amendment as proposed it will be
Mr. CULBERSON. Mr. President, I ask the Senator from
$25,455,088.
\
New Hampshirgrto excuse me. I would not have interrupted
Mr. CULBERSON. Mr. President-----him had I known it would have taken so much time from tlio
The VICE PRESIDENT. Dites the Senator from New Hamp­ line of his thought.
shire yield to the Senator fronuTexas?
Mr. BURNHAM. I am very glad the question was asked; it
Mr. BURNHAM. Certainly. \
is entirely satisfactory.
Mr. CULBERSON. I will ask th^Senator from New Hamp­
Mr. (GERMAN. Mr. President, one question.
shire what effect on the McCumber amWidment will the adoption
Tlie/FICE PRESIDENT. Does the Senator from New Ilampof the amendment offered by the Shpator from Nebraska sliire/rield to the Senator from North Carolina?
[Mr. B rown] have by way of increasin
'Sjtf. BURNHAM.
I do.
Mr. BURNHAM. This has no connection'^idth the amendment
Jr. OVERMAN. I want to ask the Senator from Utah a
just offered by me. It would of course addH.0 the McCumber
estion. I understand that the adoption of the amendment
amendment; how much, I can not state.
b f the junior Senator from Nebraska will only add about two
Mr. CULBERSON. It was adopted by the Senate as a
millions to the McCumber amendment.
amendment to the McCumber substitute.
Mr. SMOOT. That it will add $2,500,000 is the estimate, Mr.
Mr. BURNHAM. That is one amendment and tlih^whigfi I President.
have proposed is another. This does not include or fhayn the
Mr. BACON. Will the Senator from New Hampshire pardon
one about which the Senator inquires.
me for just a moment right on that line?
Mr. CULBERSON. It may not reach the particular? niftier,
Mr. BURNHAM. Certainly.
but I thought the Senator could advise me as to hownnuch
Mr. BACON. I understand the amendment offered by the
amendment adopted by the Senate, known as the, amendmen
Senator from Nebraska will put upon this list every Federal
offered by the Senator from Nebraska, would add to the
a wound in battle; it matters not
McCumber amendment.
4
iy that wound or not; if he had a
Mr. BURNHAM. I have given no especial- attention to the
fvas drawn, he will be on this list,
question as to the amount that would be added. I can only
ent-----speak definitely with reference to propositions as to which we
have obtained the estimates of the department.
Mr. McCUMBER, I f the Sena Mr will yield to me, I think
I can give the Senator from Texas some information.
The VICE PRESIDENT. Does the Senator from New Hamp­
shire yield to the Senator from North Dakota?
Mr. BURNHAM. Certainly.
Mr. CULBERSON. I shall be glad to have the Senator from
North Dakota do so.
1 a moment. It is an impossibility
Mr. McCUMBER. It can not be given in exact figures, but if
’ensions or anyone else to estimate
one would take the present law, in a very short time he could
vision might include, though he can
make the computation. The section which has been placed in
lisabled by wounds. A great many
the bill reads:
y of soldiers who are wounded, are
That any person who served in the military or naval service of the
We had an example here to-day of
United States during the Civil War,and received an honorable discharge
and who was wounded in battle or in line of duty, and is now unlit
m Alabama [Mr. Johnston], who
for manual labor;" through causes not due to his own vicious habits,
d four times in battle, but was not
or who from disease or other causes incurred in line of duty resulting
in his disability is now unable to perform manual labor, shall be paid cusaoieci.
the maximum pension under this act, to wit, thirty dollars per month.
Mr. McCUMBER. It does'\ot make any difference whether
the soldier was disabled or m^; if he was wounded, he re­
The Senator will see from the reading of that clause that it
will practically increase to $30 per month the pension of every ceives the pension.
Mr. BACON. If he was woundSlL whether disabled or not
soldier who incurred disability in the Civil War-----he receives it. There are no statist's by which an estimate
Mr. CULBERSON. How much?
can be made as to the number of soldiers who can be put upon
this list under the amendment of the Senator from Nebraska
My judgment is that the large majority on^oldiers who saw
any very extended service were, during thatNgrvice, wounded

slightly, if not seriously.
http://fraser.stlouisfed.org/
Mr. SMOOT. Of course the bill provides tliak the soldier
Federal Reserve Bank of St. Louis
must be wounded in the line of duty and also be iHRit for or
Tho

n i | i ........ .

h on agreeing to the

amfiaiasefftr

■

CONGRESSIONAL RECORD— SENATE.

1912.

bill, which you so ably defended on the floor of the Senate several
days ago.
This clipping I send you is not the sentiment of the Grand Army of
the Republic. In the speech following your masterly advocacy of the
Sherwood bill. Senator M c C u m b e r , I believe, championed the McCumberSmoot proposition on the same day. You will find on page 3609 of the
R ecord of March, 16, 1912, statements of the several prominent Grand
Army of the Rcp\iblic men who represent .the committee on pension
legislation appointed at Atlantic City during the encampment held at
that pl&ce in August^ 1910.
Inasmuch as the encampment of the Grand Army of the Republic
saw fit to select thosd honorable gentlemen to represent the veterans’
interest, that duty has' been one of painstaking and a trying one ; but
when they undertake to ’ .voice the sentiment of the entire veterans of
the Civil War, when tliejksay the Grand Army of the Republic favors
the McCumber-Smoot bill or proposition, or any other bill than .11. R.
No. 1, they assume too much responsibility of their own views in that
respect.
\
There is not a Grand Army h£ the Republic post from Maine to Cali­
fornia which has seen fit to ind?wse any single one of the pension com­
mittee for any expression favorable to the McCumber b ill; on the other
band, Grand Army of the RepubliA.posts by the score, veterans of the
Spanish War, and nearly every legislature of the Northern States, where
the bulk of our Civil War veterans reside, have petitioned both Houses
of Congress praying for the so-called dhllar-a-day pension bill.
I hope the honorable Senator will paiSflon me for assuming the privi­
lege in writing this letter, but I simply &
>uld not refrain from writing
and letting you know that the pension conlmittee of the Grand Army of
the Republic does not represent nor voiced the sentiment of a single
Post of the Grand Army of the Republic favoring any bill other than the
dollar-a-day bill which passed the House an& known as H. R. No. 1,
and I trust you will be in the Senate ready to make some reply to those
statements offered in support of the McCumber hull this afternoon.
I desire to say that 95 per cent of the Civil War veterans who have
loyally and gallantly defended the old flag and thft Union in those days
of trial and danger are to-day praying for the passage of the so-called
dollar-a-day pension bill, H. R. No. 1, as it parsed the House of
Representatives.
\.
1 do hope you will successfully win out for those deserving and almost
destitute veterans and bring to them the necessary\relief in their
declining years.
\
Sincerely, v o u r s ,
D a n ie l , W i l l i a m s ,
V
L a te

C o m p a n y K , T w e n ty -th ir d P e n n sy lv a n ia V o lu n te e r
I n f a n t r y , P a s t P o s t C o m m a n d e r L i n c o l n P o s t , No. 3,
D e p a r tm e n t o f th e P o to m a c .

Mr. BRADLEY. Mr. President, I shall not detain "fche Sen\
ate-----Mr. KENYON. I rise to a point of order. We can nofoiear
what is being said on account of the confusion, and we should
like to hear it.
The VICE PRESIDENT. The Chair thinks the point of ordV
is well taken. The Senate will be in order.
\
Mr. BRADLEY. Mr. President, I do not desire at this late,
hour to unnecessarily take up the time of the Senate, and
speak only in behalf o f the soldiers. I f I remember correctly,
however, the soldiers never complained about the taking up"of
their time by the country in its hour o f need.
No hill can be passed here that will please everybody. For
that reason I was deeply interested in hearing the mdpbers of
the Grand Army of the Republic before our committee. Repre­
senting, as they do, the only organization o f Ui-don^soldiers in
this country, I was very anxious to hear their opinion. They
oppised the Sherwood bill because it was founded alone upon
service. They were in favor of the standard proposed in the
Burnham bill. They did not ask for the bill.That carried the
most money, because it was estimated that the Sherwood bill
would carry $75,000,000. They only asked: for proposition 13,
which is embraced in the hill introduced J3y the Senator from
New Hampshire. They said that with that bill they would be
satisfied. They asked for this only as a matter o f justice, and
I quite agree with the Senator from New Hampshire, that they
ere entitled to justice.
We hear much said now about living within our income. We
did not talk in that way when we^a’sked these men to carry the
dag. There was nothing then sajet about not being able to pay
them, but all sorts of fair promises were made in order to in­
duce them to volunteer to save the Union. I do not think we
should talk that way now. These men are entitled to pensions
as a matter of right and npt as a matter of charity. We owe
them a debt that we caR/never pay, because they saved the
country; and but for the® we would have no Union or Consti­
tution; but for them w#'would not enjoy the liberty nor have
the wealth and power .that we enjoy to-day.
Mr. President, I thpik that when these old soldiers come and
tell us what they want and put themselves within the limit of
reason it would bonittle less than an outrage for us to refuse to
give them what Jffiey ask.
It has been anong while since the war, and some here do not
know anything about it, some who have heard but little about
ft. I saw something of it. I saw something of the blood and
the tears and the sorrow of that period. I heard the cries of
Weeping widows and orphan children. I saw the brave boys as
they marched to the battle field, under the flag, to the music of
the drum hnd fife, in all their young manhood and strength. I
saw them d